Search results for "statute law"
showing 3 items of 3 documents
Leggi retroattive di contenimento della spesa pubblica e giusto processo (a margine della sentenza della Corte costituzionale n. 12 del 2018)
2018
The essay is about limits imposed to the legislature to enact retroactive statute law in “civil matters”. It tackles the dichotomy existing between the European Court of Human Rights’ and the Italian Constitutional Court’s jurisprudence on the theme. The first one has repeatedly ruled that the legislature is not prevented from regulating, through new retrospective provisions, rights derived from the laws in force. Nevertheless, the principle of the rule of law and the notion of a fair trial enshrined in Article 6 of the European Convention of Human Rights preclude, except for compelling public-interest reasons, interference by the legislature with the administration of justice designed to i…
La c.d. legge Severino ed il diritto a libere elezioni: i motivi imperativi di ordine democratico giustificano l’applicazione del decreto agli eletti…
2018
The contribution analyzes the so-called legge Severino and its retroactive effect, evaluated with reference to the right to free elections, as interpreted by the jurisprudence of the European Court of Human Rights.
Procesos de autonomia normativa entre perfiles de indipendencia e interdependencia funcional
2010
The author says that to get rules technique and the certainty of the law together is quite a postulate. The certainty of rules is the expression of impartiality and guarantee which should be assured by the "fixity" of the law.Neverthless one can point out the insufficinet reconnaissance of the rules seen as pure written record, that is the "liturgic text" to individuate the real content of the law. The author gives variegated exemplifications about it. Viceversa the rule exists because it is "alive", and in it is its effective vitality. So it exists in the semantics and in the jurisdictional control and in its applicability. After all, the matter of law is a matter of fact. The specific fac…