San Marino. Livio Bacciocchi: “The College of Guarantors becomes a judge of merit in civil cases, it is the death of constitutional law and order”
“It is the death of constitutional law and order”. The Guarantors, in the case raised by Livio Bacciocchi, enter into the merits of the civil case by “ousting the appellate judge from all his functions”. The College does not decide on the unconstitutionality of a rule even though it considers it controversial and urges the legislator to intervene
ANTONIO FABBRI – “The death of constitutional law and order. The Guarantor College of the Constitutionality of the rules becomes judge of the merits in civil cases, ousting the appellate judge prof. Laura di Bona of every aspect of her. The devolutive effect of the appeal has been suppressed and any guarantee of the second degree of judgment has been nullified. This is how everything is fine in San Marino ”. Livio Bacciocchi says so… and she is not completely wrong, one might say. With the ruling on the case, in fact, the Guarantor Board, in substance and in a nutshell, does not decide on the unconstitutionality of a rule even though it actually says that it is controversial, and for this reason invites the legislator to intervene. At the same time he pronounces a sentence in which he decides on the merits of the appeal, essentially bypassing the Appellation Judge, reporting and taking up the reasons of the defendant and saying that the appeal should not be admitted. That is: unconstitutionality would also exist, but it is not decreed because it is raised in an appeal that is not admissible and is therefore irrelevant unconstitutionality for the purposes of the second degree judgment whose application would be null and void. The problem is that the appeal judge and not the Guarantor Board should always decide on the admissibility of the appeal, and on the nullity of the act that introduces it. (…)
Article taken from The Information of San Marino