News
Fixed period of an ancillary penalty: the intervention of the Legislator is necessary
- 17/04/2018
By Judgment no. 12360 of 16th March 2018, the Court of Cassation has declared the groundlessness of the exception of constitutional legitimacy of Articles 216 and 223 of the Bankruptcy Law, where they provide the application of an ancillary penalty for a fixed period of ten years.
The Court of Cassation has observed that the Constitutional Court had already considered the introduction of an amendment according to which that ten-year period is to be interpreted as the maximum period of the ancillary penalty and not as its fixed period.
The Constitutional Court had nevertheless stated that the said amendment is to be made by the Legislator, given that the possible solutions to overcome the unconstitutionality of the provision at issue are multiple and not limited to the one indicated above.
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