La sentenza n. 246 del 2019: conferme e novità sul governo degli effetti temporali nel giudizio in via principale (e non solo)

The article analyses judgment no. 246 of 2019 which resolved a conflict of competences between the State and the Regions, declaring the unconstitutionality of state legislation only pro futuro. The first part of the article highlights how the judgment is placed along a jurisprudential path that refers to the principle of continuity, but how, at the same time, it represents a significant novelty in terms of modulation of the temporal effects of a judgment that resolves a conflict of competences between the State and the Regions. The second part highlights confirmations and, also, a novelty that the judgment involves for the general power to modulate the temporal effects. Finally, the work analyses the problems that this power could entail within our system and which are proposed again with the judgment in comment.