Within the well-known Taricco affair, the Constitutional Court, with the refer n. 24 of 2017, raised the principle of legality in criminal law, enshrined in art. 25, second paragraph of the Constitution, to the rank of supreme principle of the constitutional legal order, insofar it requires that criminal rules must be precise and must not have retroactive effect, recognizing the extraordinary importance of the individual guarantees related to it. However, this statement of the Constitutional Judge comes into a context of deep crisis of the guarantees historically referred to the principle of nullum crimen, which, due to the distortions of legislative procedures and the increasingly importance of the jurisprudence (common and constitutional), due to the definitive affirmation of a European criminal law and of the progressive incidence of the European Court in the criminal sector, has profoundly changed its own content of guarantee, compared to the original model traced by the Constituent. This doctoral research intends to investigate, with the peculiar perspective of constitutional law, this complex ground focusing, after a brief introduction of its historical and philosophical origins, on the evolution of the principle of legality in criminal law, in light of the integration with the European Charters, with the idea of particularly deepening the most recent and controversial issues: firstly, the definition of the scope of the principle recognized by the art. 25, second paragraph of the Constitution (which is a priority topic); the current significance of the statutory clause in criminal matters in a scenario where the representative Parliament seems ousted from the definition of the criminal policy’s directives; the role played in criminal matters by the Constitutional Court, called to represent the last bastion in defense of the principle of legality and sometimes becomes itself the source of guarantees’ weakening linked to the statutory clause and the principle of certainty; and lastly, the impact on the domestic penal system brought by the criminalization’s choices taken by the institutions of the European Union and the increasingly role of supranational Courts.

IL PRINCIPIO DI LEGALITÀ IN MATERIA PENALE. PROFILI COSTITUZIONALI / S. Bissaro ; tutor: F. Biondi ; coordinator: D. U. Galetta. - : . DIPARTIMENTO DI DIRITTO PUBBLICO ITALIANO E SOVRANAZIONALE, 2019 Jan 31. ((31. ciclo, Anno Accademico 2018. [10.13130/bissaro-stefano_phd2019-01-31].

IL PRINCIPIO DI LEGALITÀ IN MATERIA PENALE. PROFILI COSTITUZIONALI.

S. Bissaro
2019-01-31

Abstract

Within the well-known Taricco affair, the Constitutional Court, with the refer n. 24 of 2017, raised the principle of legality in criminal law, enshrined in art. 25, second paragraph of the Constitution, to the rank of supreme principle of the constitutional legal order, insofar it requires that criminal rules must be precise and must not have retroactive effect, recognizing the extraordinary importance of the individual guarantees related to it. However, this statement of the Constitutional Judge comes into a context of deep crisis of the guarantees historically referred to the principle of nullum crimen, which, due to the distortions of legislative procedures and the increasingly importance of the jurisprudence (common and constitutional), due to the definitive affirmation of a European criminal law and of the progressive incidence of the European Court in the criminal sector, has profoundly changed its own content of guarantee, compared to the original model traced by the Constituent. This doctoral research intends to investigate, with the peculiar perspective of constitutional law, this complex ground focusing, after a brief introduction of its historical and philosophical origins, on the evolution of the principle of legality in criminal law, in light of the integration with the European Charters, with the idea of particularly deepening the most recent and controversial issues: firstly, the definition of the scope of the principle recognized by the art. 25, second paragraph of the Constitution (which is a priority topic); the current significance of the statutory clause in criminal matters in a scenario where the representative Parliament seems ousted from the definition of the criminal policy’s directives; the role played in criminal matters by the Constitutional Court, called to represent the last bastion in defense of the principle of legality and sometimes becomes itself the source of guarantees’ weakening linked to the statutory clause and the principle of certainty; and lastly, the impact on the domestic penal system brought by the criminalization’s choices taken by the institutions of the European Union and the increasingly role of supranational Courts.
BIONDI, FRANCESCA
GALETTA, DIANA URANIA
Settore IUS/08 - Diritto Costituzionale
IL PRINCIPIO DI LEGALITÀ IN MATERIA PENALE. PROFILI COSTITUZIONALI / S. Bissaro ; tutor: F. Biondi ; coordinator: D. U. Galetta. - : . DIPARTIMENTO DI DIRITTO PUBBLICO ITALIANO E SOVRANAZIONALE, 2019 Jan 31. ((31. ciclo, Anno Accademico 2018. [10.13130/bissaro-stefano_phd2019-01-31].
Doctoral Thesis
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/2434/614492
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