La motivazione della sentenza Art. 1, co. 52, L. n. 103 del 2017
DOI 10.12871/978883318026731 | @ Pisa University Press 2018
Ricevuto: 11 maggio 2018 | Accettato: 21 maggio 2018 | Pubblicato: 22 maggio 2018
The legal model for a sentence is a reminder for the judge of the importance of producing a document that clearly explains the decision in a logical and chronological fashion, that highlights the reasons behind the decision and with a specific attention to the recollection of events. The rationale behind the above described model is to facilitate the reading and interpretation of the sentence in the subsequent legal challenges to higher courts. On one side this facilitates the ability to mount a legal challenge on specific points/articles of the sentence, and equally on the other side it allows an effective and expedite way for the judicial review of the challenge and the reasons behind it. It is still an open matter what is the type of consequences that should arise from the lack of compliance of a sentence to the model, and whether a sentence not written in accordance to the model only amounts to warning signal of a failure to correctly state the reasons behind the decision, or whether this will actually constitute by itself a valid and sufficient reason to appeal to the highest court.
Percorso di valutazione
Peer reviewed. Certificazione della qualità