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Report No. 95

5.16. Italy: declaration of unconstitutionality.-

The Italian Constitution has an interesting provision as to the date from which a judicial pronouncement of unconstitutionality by the Constitutional Courts takes effect. It says1:-

"The decision of the Court is published and is communicated to Parliament and the interested Regional Councils in order that provisions may be made in constitutional form where considered necessary."

1. Article 136, Constitution of Italy.



Constitution Division within the Supreme Court Back




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