The plurality of sources and the metamorphosis of criminal legality.
Journal title DIRITTO COSTITUZIONALE
Author/s Giuseppe Amarelli
Publishing Year 2025 Issue 2025/2
Language Italian Pages 25 P. 21-45 File size 220 KB
DOI 10.3280/DC2025-002002
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The intrusion of supranational sources and case-law into criminal law has destabilised the principle of legality and undermined its legislative basis. Recent rulings by the Italian Constitutional Court, however, have put a stop to this change: they have denied the existence of a conflict between European legality and constitutional legality and reaffirmed the incompatibility of the latter with judicial creationism in malam partem. Supranational law and judge-made law are thus given a relevant role in criminal matters, without, however, recognising them as sources of production of incriminating norms, since the principle of constitutional legality constitutes an identity principle of our system that does not allow for unfavourable derogations.
Keywords: Supranational law, Nullum crimen sine lege, Rule of law, Judge-made law, Constitutional Court.
Giuseppe Amarelli, Il pluralismo delle fonti e la metamorfosi della legalità penale in "DIRITTO COSTITUZIONALE" 2/2025, pp 21-45, DOI: 10.3280/DC2025-002002