Cosa è vivo e cosa è morto nella sentenza n. 10 del 2015b a quasi due anni dalla sua pronuncia

Abstract

The article investigates the medium term impact of the Constitutional Court judgment no. 10 of 2015. On one side, it considers the course of the case at the national court, with the important frustration of the ambitions of temporal modulation effects of expensive sentences as expressed in the sentence 10. On the other side it considers approaches followed by the Constitutional Court in some subsequent judgments in order to manage the financial weight of the declaration of unconstitutionality of a series of maneuvers that had built the keystone of regulatory reaction to the crisis. Particularly you can see how the topic of the balancing of the principle of the balanced budget together with the rule of the natural retroactive effect of the declaration of unconstitutionality (as envisaged by sentence 10) may appear recessive.