Notes on the sidelines of the Constitutional Court ruling no. 263/2019
Abstract. This contribution analyzes the ruling on juvenile impeding offenses, underlining how the Constitutional Court is constantly called upon to repair the errors of the national legislator. For over forty years, the central problem of the discipline of juvenile execution has revolved around art. 79 o.p., which extended the executive legislation envisaged for adults also to juvenile offenders. This regulatory deficit was then bridged by Legislative Decree no. 121/2018, repeatedly accused for its insufficiency. Regardless of the need for further legislative interventions on the subject, what really raises the greatest concern is the lack of attention paid to the minor-offender
SUMMARY: 1. Introduction: the question referred to the Court. – 2. The reasons for the constitutional illegitimacy of the contested provision. – 3. A step backwards: sentence no. 259 of 2019. – 3.1. Between issues to be solved and legislative follow-up. – 4. A “double” step backwards: sentence no. 90 of 2017 as a starting point? – 5. Criminal protection of minors: alternative measures to detention. – 6. Award permits and external work. – 7. Conclusions: what future for imprisoned minors? The last warning of the Court.
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