Taking into account the outcomes of the sentence no. 41/2021 of Italian Constitutional Court, which declared the incostincency of the legislation that introduced the “auxiliary judges” in the appeal courts, the Author reflects on the current role of the non professional judges, in a general context of law-making’s and case-law’s interest on the subject. The Author analyzes also the decision-making process adopted by the Court which led to the “manipulation” of the temporal effects of the decision upholding the question of constitutional inconsistency.
La riforma (ancora in cantiere) della magistratura onoraria e la decisione della Consulta n. 41/2021: la partecipazione degli ausiliari nei collegi d’appello “sarà” costituzionalmente illegittima
Giuseppina Fanelli
2021-01-01
Abstract
Taking into account the outcomes of the sentence no. 41/2021 of Italian Constitutional Court, which declared the incostincency of the legislation that introduced the “auxiliary judges” in the appeal courts, the Author reflects on the current role of the non professional judges, in a general context of law-making’s and case-law’s interest on the subject. The Author analyzes also the decision-making process adopted by the Court which led to the “manipulation” of the temporal effects of the decision upholding the question of constitutional inconsistency.File in questo prodotto:
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