This work focuses on the decrees of the President of the Italian Constitutional Court, highlighting how, in recent years, this instrument has experienced a real “new season” which has seen its nature change to a great extent. The first phase of this new season is identified with the period of the Court's emergency management of constitutional judgments, when it was precisely the presidential decree that was the main instrument the Court used to regulate and constantly review the way it carried out its activities. The second phase is represented by the last two reforms of the Supplementary Rules of the Court, the one of July 2021, about telematic constitutional proceedings, and the one of 2022, on the discipline of public hearings. In fact, both reforms accorded an unprecedented role to presidential decrees, as a source of law competent to dictate a detailed discipline, subordinate to that of the Supplementary Rules.
La “nuova stagione” dei decreti del Presidente della Corte costituzionale: da fonte emergenziale a fonte emergente del diritto processuale costituzionale / Madau, Lorenzo. - In: DIRITTO E SOCIETÀ. - ISSN 0391-7428. - STAMPA. - 3(2023), pp. 485-519.
La “nuova stagione” dei decreti del Presidente della Corte costituzionale: da fonte emergenziale a fonte emergente del diritto processuale costituzionale
Madau, Lorenzo
2023-01-01
Abstract
This work focuses on the decrees of the President of the Italian Constitutional Court, highlighting how, in recent years, this instrument has experienced a real “new season” which has seen its nature change to a great extent. The first phase of this new season is identified with the period of the Court's emergency management of constitutional judgments, when it was precisely the presidential decree that was the main instrument the Court used to regulate and constantly review the way it carried out its activities. The second phase is represented by the last two reforms of the Supplementary Rules of the Court, the one of July 2021, about telematic constitutional proceedings, and the one of 2022, on the discipline of public hearings. In fact, both reforms accorded an unprecedented role to presidential decrees, as a source of law competent to dictate a detailed discipline, subordinate to that of the Supplementary Rules.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.