Understanding Constitutional Legitimacy in Legal Practice

Welcome to our page dedicated to constitutional legitimacy in legal practice. Here you will find insightful articles, important court cases, and key legal principles related to this topic.

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Incompatibility of the Judge in Asset Prevention Measures: Commentary on Judgment No. 44504 of 2024

The recent ruling of the Court of Appeal of Florence raises important constitutional legitimacy issues regarding the incompatibility of the judge in the context of asset prevention measures, highlighting the need for a proper application of the norms and fundamental rights.

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Reflections on the Judgment of the Court of Cassation No. 37796 of 2020: Corruption and Accessory Penalties

The recent ruling of the Court of Cassation raises important questions about the constitutional legitimacy of Article 317-bis of the Penal Code regarding the perpetual disqualification from public office in the event of a conviction for corruption offenses. Let us analyze the implications of this decision.

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Analysis of Judgment No. 26886 of 2024: fraudulent bankruptcy and preventive agreement.

Judgment no. 26886 of 2024 addresses the issue of fraudulent bankruptcy from preventive composition, clarifying the sanctioning treatment provided by bankruptcy law and its constitutional legitimacy.

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Commentary on Judgment No. 29379 of 2024: Social Danger and Special Surveillance

Let's analyze the recent ruling no. 29379 of 2024 that addresses the issue of social dangerousness and preventive measures, highlighting the legislative choices underlying the Court's decision.

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Commentary on ruling no. 50062 of 2023: Appeal agreement and limits on the appeal to the Supreme Court.

Let's analyze ruling no. 50062 of 2023, which clarifies the limits of the appeal to the Supreme Court in the case of an appeal settlement, with particular attention to the issue of the constitutional legitimacy of waivers.

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Analysis of Judgment No. 17038 of 2024: Theft in the Appurtenances of the Home and Constitutional Legitimacy.

Judgment No. 17038 of 2024 addresses the issue of the absence of a specific mitigating factor for theft in the appurtenances of a dwelling, examining the constitutional legitimacy of Article 624-bis of the Penal Code in relation to Article 3 of the Constitution.

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Commentary on Judgment No. 16830 of 2023: Legitimacy and Home Detention.

An analysis of the ruling of the Surveillance Court of Rome regarding the legitimacy of the composition of the panel for objections to home detention, with particular reference to Article 678 of the Code of Criminal Procedure.

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Commentary on Judgment No. 36919 of 2024: Therapeutic Trial Release and Constitutional Legitimacy.

Let us explore the very recent ruling no. 36919 of 2024, which addresses the compatibility of the rules regarding probation for individuals on therapeutic programs with constitutional principles.