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The Italian Constitutional Court has changed its mind (and is not afraid to say so)

Name: The Italian Constitutional Court has changed its mind (and is not afraid to say so)
Creator: Chiara Greco

descriptionPublicationkeyboard_double_arrow_right Other literature type , Article 01 Jan 2020 Italy Publisher:Roma TrE-Press

Authors: Chiara Greco;

doi: 10.13134/2704-9043/10

handle: 11590/378413

The Italian Constitutional Court has changed its mind (and is not afraid to say so)

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Abstract

In judgment 32/2020 the Italian Constitutional Court has proclaimed, for the first time, the prohibition of ex post facto law applicable to the norms governing the execution of criminal sanctions, and especially to the norms concerning the so called ‘alternative measures to detention’. The present paper offers an overview of the Italian legal framework and previous case law regarding the prohibition of ex post facto law and alternative measures. It also analyzes the innovative conclusions expressed by judgment 32/2020. Finally, it stresses the most remarkable aspect of the judgment, which is the use that the Constitutional Court makes of the US Supreme Court’s case law to re-interpret Art. 25 (2) of the Italian Constitution. Con la sentenza n.32/2020 la Corte costituzionale italiana ha proclamato, per la prima volta, il divieto della legge ex post applicabile alle norme che regolano l'esecuzione delle sanzioni penali, e in particolare alle norme relative alle cosiddette "misure alternative alla detenzione" . Il presente documento offre una panoramica del quadro giuridico italiano e della precedente giurisprudenza relativa al divieto della legge ex post e delle misure alternative. Analizza inoltre le conclusioni innovative espresse dalla sentenza 32/2020. Infine, sottolinea l'aspetto più notevole della sentenza, che è l'uso che la Corte costituzionale fa della giurisprudenza della Corte suprema degli Stati Uniti per reinterpretare l'Arte. 25 (2) della Costituzione italiana.

Roma Tre Law Review – 01/2020

Country

Italy

Related Organizations

Roma Tre University
Italy

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Trend Questions Corona (Week 32/2020)
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The Italian Constitutional Court has changed its mind (and is not afraid to say so)

The Italian Constitutional Court has changed its mind (and is not afraid to say so)

5 Research products, page 1 of 1

The top salaries among Brazilian federal civil service: Suggestions for a more efficient administrative reform

A Reforma Gerencial no Brasil em 1995 e a “reatualização” da reforma administrativa prevista na PEC 32/2020

A PEC 32/2020: O PRINCÍPIO DA IMPESSOALIDADE SOB FLANCO ATAQUE DA IDEOLOGIA NEOLIBERAL

Impacts of the administrative reform on contracting forms and stability in the public sector

Trend Questions Corona (Week 32/2020)