The right to a natural judge previously established by law is currently recognised as one of the cornerstones of the rule of law in Europe. In the light of a number of judgments pronounced on the subject by supranational courts, the essay examines the paradox of the Italian situation in which, in the face of the formal recognition of the strong conception of this right and of its decisive role in the construction of the democratic judicial system, domestic case law has denied a specific and effective jurisdictional remedy for its protection to the person party to the judicial proceedings. In particular, the essay aims to lay the groundwork for overcoming this paradox on the basis of the rediscovery of the foundation of the right under consideration on that value of the dignity of the judicial order which, in its being a direct emanation of the rule of law, makes it possible to define a new model of the right to the natural judge previously established by law which is indispensable to ensure the trust that people must be able to place in the judicial system in a democratic society.
Azionabilità del diritto al giudice naturale, rule of law e dignità dell’ordine giudiziario
Stefano Rovelli
2022-01-01
Abstract
The right to a natural judge previously established by law is currently recognised as one of the cornerstones of the rule of law in Europe. In the light of a number of judgments pronounced on the subject by supranational courts, the essay examines the paradox of the Italian situation in which, in the face of the formal recognition of the strong conception of this right and of its decisive role in the construction of the democratic judicial system, domestic case law has denied a specific and effective jurisdictional remedy for its protection to the person party to the judicial proceedings. In particular, the essay aims to lay the groundwork for overcoming this paradox on the basis of the rediscovery of the foundation of the right under consideration on that value of the dignity of the judicial order which, in its being a direct emanation of the rule of law, makes it possible to define a new model of the right to the natural judge previously established by law which is indispensable to ensure the trust that people must be able to place in the judicial system in a democratic society.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
