TYPOLOGY OF FAVORABLE LEGAL REVIEW RESOLUTIONS

It is possible to individualize an ample typology of favorable resolutions in constitutional proceedings directed to exercise a posteriori control over the legal review of the laws: (a) exhortative; (b) simple unconstitutionality; (c) interpretative; (d) inapplicable; and (e) normative. Each category is in turn divided into subcategories, as we will see below.

Favorable Exhortative Resolutions

Favorable exhortative resolutions are a technique exclusively used when control is exercised over laws. They are characterized by the fact that the constitutional judge, after establishing that a specific legal provision violates the Constitution, instead of declaring its nullity, grants a specific term to the legislators for its amendment instead of just removing the portion thereof that is incompatible with the political Constitution.

In practice, the efficacy of this is doubtful, because parliaments do not always abide by the recommendations of constitutional judges, which led the jurisprudence of the Italian Corte Costituzionale to create the procedural technique of the doppia pronuncia. In accordance with this technique, legislators are advised in a first resolution that, should they fail to enforce the recommendations contained within the term granted for the purpose, a second resolution will be issued to declare the unconstitutionality of the challenged provision.

There is then a doppia pronuncia, that is, a conditioned dismissal resolution, plus a favorable resolution if the legislators fail to comply with the warning contained in the resolution, because, to a certain extent, the first resolution establishes guidelines and directions to be followed by the Legislator on how to regulate a specific matter in accordance with the constitutional law.