IL GIUDICE DEI GIUDICI Considerazioni a margine dell’ordinanza del Collegio Garante della Costituzionalità delle norme di San Marino del 15 aprile 2019 n. 3

Abstract

[The Judge of the judges. Considerations in the margin of the judgment of the Guarantor College of the Constitutionality of the Regulations of San Marino of 15 april 2019 n. 3] The article deals with the problem of the competence to judge disputes (criminal and administrative) involving another judge belonging to the same judicial office, to guarantee the impartiality of the judge and the fair trial, as protected by the San Marino law and, internationally, by the ECHR. The proposed solution was to extend the powers of the Special Judge for civil liability, but the Guarantor Board decided to wait for the intervention of the Legislator, who is responsible for choice, before operating directly in this direction. More than a year after the decision, neither the Legislator nor the Constitutional Judge intervened, with the consequent unconstitutionality of the judicial system.
https://doi.org/10.14276/2384-8901/2206
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