Il giusto processo e la celerità: profili di comparazione fra il sistema giuridico italiano e quello canonico sul diritto ad una durata ragionevole del processo e la riparazione del danno da irragionevole durata
Due process is the expression which indicates the set of procedural forms necessary to guarantee, to each holder of injured rights, the right to act and to defend oneself in judgment. The fundamental guarantees of the process were imposed as inviolable human rights, benefiting from protection in the...
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| Format: | Print Article |
| Language: | Italian |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Monitor Ecclesiasticus
[2017]
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| In: |
Monitor ecclesiasticus
Year: 2017, Volume: 132, Issue: 2, Pages: 495-528 |
| Further subjects: | B
Procedural law
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| Summary: | Due process is the expression which indicates the set of procedural forms necessary to guarantee, to each holder of injured rights, the right to act and to defend oneself in judgment. The fundamental guarantees of the process were imposed as inviolable human rights, benefiting from protection in the modern Constitutions and in the international Conventions after 1945. These principles of due process are compatible with the canonical process because there are a whole series of institutions and values that highlight it and because they are more generally referred to by can. 221 within the fundamental rights of the faithful. Speed is one of the values of the due process and is a major element in the legal systems which have always opposed the tendency to delay in deciding. Progressively, has also been affirmed the idea that having a rapid process is a right of every individual, worthy of protection by the State and it manifests the degree of civilization of a nation. The speed and the right to a reasonable duration of the process is based on norms contained in the international and Italian law and its injury involves the obligation of the State to indemnify the damage (in particular, art. 6 of the ECHR, art. 111 of the Constitution and Law No. 89/2001). Even in canon law the value of speed is protected by a series of norms that impose a definition of canonical causes in reasonable time (in particular, can. 1453). It is necessary to verify the consequences of not respecting the same rules, concluding the reflection with the configurability of a hypothesis of damage for the private parties due to the excessive duration of a canonical process and the consequent right to repair. |
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| ISSN: | 0026-976X |
| Contains: | Enthalten in: Monitor ecclesiasticus
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