La revisione europea dopo la riforma Cartabia: profili processual-penalistici

Unlike most of the Member States, where the instrument identified to give effect to the ruling of the European Court coincides with a means of appeal already present in the individual legal systems for other purposes, our legislator has chosen the path, already taken by France, Belgium and Romania, of introducing an ad hoc remedy, that provided for by Article 628-bis of the Code of Criminal Procedure, with an ‘exclusive character’, endowed with its own autonomy and distinct from the other appeals provided for by our code. This contribution addresses the most significant interpretative junctures of the discipline of this new extraordinary appeal; a discipline characterised by gaps that impose on the interpreter the difficult task of resolving the numerous questions that arise in the practical application of the instrument. Only after having addressed these problems revolving around this new remedy will it be possible to understand whether the legislator’s idea of entrusting the specific redress for any breach of the conventional guarantees to a single instrument – albeit capable of operating in different forms and modules – was a winning choice, especially in terms of the balance between the protection of supranational rights and reasons of legal certainty.