Among the rare decisions which rebuke the legislative invasion of the judicial sphere, decision no. 12/2018 seems to represent another step in the overlapping process of Italian Constitutional Court and ECHR jurisprudence in a field – that of limitations to retroactivity of civil legislation – which has been troubled by conflict up to this point. The Author emphasizes the innovation by further analyzing the choices of the Court, and in particular the test employed in order to ascertain the unconstitutionality which the Court in the last instance declared. The Author however doesn’t rule out the reduction of the importance of decision no. 12/2018 as a precedent, should its ratio be explained only because of its limited impact on public economy
Retroattività legislativa e materia civile: Corte costituzionale e Corte EDU parlano la stessa lingua?
A. Pugiotto
2018
Abstract
Among the rare decisions which rebuke the legislative invasion of the judicial sphere, decision no. 12/2018 seems to represent another step in the overlapping process of Italian Constitutional Court and ECHR jurisprudence in a field – that of limitations to retroactivity of civil legislation – which has been troubled by conflict up to this point. The Author emphasizes the innovation by further analyzing the choices of the Court, and in particular the test employed in order to ascertain the unconstitutionality which the Court in the last instance declared. The Author however doesn’t rule out the reduction of the importance of decision no. 12/2018 as a precedent, should its ratio be explained only because of its limited impact on public economyI documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
