NUMERO 16 - 27/05/2020

stato » dottrina » Primo piano - di B. Caravita, M. Condinanzi, A. Morrone, A. Poggi

 Karlsruhe: a wrong decision in a difficult political phase

Judges don’t do politics, it is said; the judges do not decide according to the times of politics, it can be added; right or wrong, a judge’s decision must be respected, it can be concluded. Perhaps it will be true for ordinary judges. Some doubts about these three assumptions cannot fail to arise when the decision is made by a constitutional judge whose task is precisely that of judging politics, of course according to a regulatory canon whose normativity, however, leaves ample room for discretion. And, in the upside-down world in which we now live, the three assumptions struggle to persist when the decision of one judge intends to judge the decision of another judge, belonging to another judicial system, of which it postulates, thanks to agreed pact clauses, the exclusive competence and, consequently, the supremacy... (segue)



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