La prevenzione insostenibile. Scenari post De Tommaso.
© dell'autore 2018
Ricevuto: 17 May 2018 | Accettato: 24 May 2018 | Pubblicato: 04 June 2018
The ruling of the Grand Chamber of the European Court of Human Rights, De Tommaso v. Italy, has highlighted all the ill-concealed deficits of preventive measures: some of them are inevitably connatural to their structure, and therefore they have always existed, but the European decision has made it not possible to postpone any attempt of resolution. This paper will firstly analyze the three unresolved is-sues concerning prevention measures: a) if the “De Tommaso” decision can be considered as establi-shed jurisprudence of the European Court and the national courts must comply with it and, eventually, raise questions of constitutional legitimacy; b) if the recent interpretation of the Court of cassation has already solved the deficits found at the European level; c) if the recent hermeneutical interpretation does not imply an overlap of the nature and field of application of preventive measures with those of security measures. This paper will, then, offer a possible solution to these issues.
Percorso di valutazione
Peer reviewed. Certificazione della qualità