TY - JOUR
T1 - IL NON LIQUET DELLA CORTE COSTITUZIONALE SULLA QUESTIONE DEL NE BIS IN IDEM SANZIONATORIO: UN MANCATO ESERCIZIO DEGLI STRUMENTI DELL’AGE OF BALANCING
AU - Perrone, Antonio
PY - 2017
Y1 - 2017
N2 - The effective application of bis in idem principle is an issue that, in its own right, is part of different Courts’ dialogue, since it underlies a fundamental right, whose way of application can invade the scope of other fundamental rights, thus making a balancing operation inevitable. Such balancing is part of the competences of the Constitutional Courts and it is probably the reason why the Italian Supreme Court, despite being aware of the possible friction between rights with equal constitutional relevance, has asked the Constitutional Court if domestic double penalty system is compatible with the principle of ne bis in idem, as interpreted by the European Court of Human Rights. However, the Constitutional Court seems like has, in this case, renounced its role as an actor on the stage of the age of balancing. This paper analyzes the judgment of the Court and the possible consequences of a different judgment facing the problem of fundamental rights’ conflict.
AB - The effective application of bis in idem principle is an issue that, in its own right, is part of different Courts’ dialogue, since it underlies a fundamental right, whose way of application can invade the scope of other fundamental rights, thus making a balancing operation inevitable. Such balancing is part of the competences of the Constitutional Courts and it is probably the reason why the Italian Supreme Court, despite being aware of the possible friction between rights with equal constitutional relevance, has asked the Constitutional Court if domestic double penalty system is compatible with the principle of ne bis in idem, as interpreted by the European Court of Human Rights. However, the Constitutional Court seems like has, in this case, renounced its role as an actor on the stage of the age of balancing. This paper analyzes the judgment of the Court and the possible consequences of a different judgment facing the problem of fundamental rights’ conflict.
KW - age of balancing
KW - ne bis in idem
KW - age of balancing
KW - ne bis in idem
UR - http://hdl.handle.net/10447/287807
M3 - Article
VL - XC
SP - 89
EP - 121
JO - GIURISPRUDENZA DELLE IMPOSTE
JF - GIURISPRUDENZA DELLE IMPOSTE
SN - 1826-2430
ER -