Search results for "Legislative retroactivity"
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Il legittimo affidamento nel bilanciamento della Corte costituzionale e della Corte europea dei diritti dell'uomo in materia di retroattività legisla…
2018
The chapter examines the Constitutional Court's jurisprudence on legislative retroactivity, which is compared to the jurisprudential direction of the European Court of Human Rights. In particular, it is concerned with assessing the compatibility of retroactive laws to the so-called right to peaceful enjoyment of property, referred to in the European Convention on Human Rights.
Le leggi retroattive
2023
The monograph analyzes the limits of retroactive laws as determined by the Italian Constitutional Court. It questions whether these are operational limits and tries to emphasize how they are related to a taxonomy of legislative retroactivity accepted by the Court itself, which is still anchored in a formal approach to the issue of legislative retroactivity. An attempt is made, then, to enhance the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights, which push for the acceptance of a substantive approach to the issue.