L'innovata fisionomia del giudizio di legittimità / New rules for the legitimacy judgement

Chelo, Andrea

2022-01-01

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Abstract

The so-called "Cartabia reform" - the name by which the modification of the criminal procedure system under the delegated law no. 134 of september 27th 2021 is known - is waiting to be implemented with reference to the transformation of the procedure before the Supreme Court. This is an intervention aimed at replacing the oral hearing with a written procedure, in order to simplify the proceedings before the Supreme Court. This change in the law does not radically rule out oral arguments before the Supreme Court but makes it conditional on a request by the parties or a decision by the judge; it is accompanied by the transformation into a rule of the obligation to inform in advance of the possibility of the legal re-qualification of the fact and by the introduction of two new institutions, the "regolamento di competenza territoriale" (literally, "the regulation of territorial jurisdiction") and an extraordinary remedy aimed at enforcing the final judgments of the European Court of Human Rights (the last one, not analysed in this comment).