Fabio Elefante

Can a judge really be part of a Jurisdictional dispute

  • Abstract

Informations and abstract

Keywords: Constitutional Court, jurisdictional dispute, locus standi of the judiciary

The article begins by addressing the problematic interpretation of art. 27 par. 2 of the integrative provisions to the Constitutional procedural laws which were introduced by the Constitutional Court itself on 10th June 2004. It then goes on to consider the peculiar role that jurisdictional bodies play when they are part of a jurisdictional dispute (either between branches of the State or between the State and the Region) over their own acts. The article argues, on a merely logical ground, that the participation of jurisdictional bodies in proceedings before the Constitutional Court is not necessary. In fact, these disputes are versatile and only "formally" jurisdictional, while the structure of the judiciary is fragmented. Moreover, on the basis of the structural peculiarities of jurisdictional bodies and of their "neutral" nature, the disputes they are part of assume a completely different concept. In conclusion, the article underlines that jurisdictional bodies cannot be an active party in a dispute, but they can only be called upon by other branches of the State or by Regions. In fact, such proceedings are disputes only in appearance, while they are nothing but a "neutral" review of external limits of their jurisdiction.

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