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CARLA DI MARTINO

Le leggi retroattive

Abstract

The monograph analyzes the limits of retroactive laws as determined by the Italian Constitutional Court. It questions whether these are operational limits and tries to emphasize how they are related to a taxonomy of legislative retroactivity accepted by the Court itself, which is still anchored in a formal approach to the issue of legislative retroactivity. An attempt is made, then, to enhance the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights, which push for the acceptance of a substantive approach to the issue.