| dc.description.abstract | This paper aims to review briefly key features of our constitutional justice system highlighting gaps
and weaknesses, with regard to the incidental judgment. Some shaded areas of constitutional
incidental judgment did doubt the effectiveness and stability of our guarantee system and the
protection of fundamental rights. This system can not waver into a constitutional system such as the
Italian one. For these reasons, it was widely reflected on the possibility of introducing a direct
appeal to the Constitutional Court in Italy, which would overcome current difficulties and, above
all, would make this instrument the "final" piece to the strengthening of the protection system of
fundamental rights, as well as completion of the system itself.
Really, it can be noted, through several interesting and articulate reflections, that introduction of the
individual recourse, with consequent approach of the Italian constitutional justice system to the
Spanish, is more negative than positive mainly because of the considerable “clogging” risk of our
constitutional justice organ. In this way, the organization and proper functioning of the
Constitutional Court may be severely compromised.
Therefore, this study attempts to proceed to the identification of other possible solutions that focus
on the improvement of the existing system, rather than on expanding the access roads to the
Constitutional Court, emphasizing the elements of diffused nature of the laws constitutional control
system. This means also to enhance greatly the incidental judgment and consider it as a primary
form of fundamental rights protection. | it_IT |
