At the boundaries between hierarchy and competence: binding competence, "normative ductility", non-application of norms

Author/s Stefania Parisi
Publishing Year 2019 Issue 2019/1 Language Italian
Pages 27 P. 77-103 File size 220 KB
DOI 10.3280/DC2019-001005
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The scheme of V. Crisafulli about the binding competence has always explained concurrent competence placing it at the boundary between hierarchy and competence. But in the functioning of concurrent competence there is nothing so clear: we rely on jurisprudential reconstructions and we usually place this figure in the context of competence. However, it is not a competence in a hard sense, since it doesn’t involve unconstitutionality of norms: by devising the category of "normative ductility", the Constitutional Court has gone through all the ordering criteria (hierarchical, competence, chronological) without placing this effect in any of the three.

Keywords: Criterio gerarchico; criterio della competenza; concorso vincolato; riserva; cedevolezza normativa; non applicazione delle norme; hierarchy; competence; binding competence; rule of law; non-application of norms

Stefania Parisi, Ai confini tra gerarchia e competenza: concorso vincolato, cedevolezza e non-applicazione delle norme in "DIRITTO COSTITUZIONALE" 1/2019, pp 77-103, DOI: 10.3280/DC2019-001005