News
Conflict of jurisdiction between the civil judge and the criminal judge
- 27/12/2021
The Court of Cassation with sentence n. 38596 on 6th Dicember, 2021, affirmed that the order of a civil judge, who has deemed a criminal judge of the same office competent, it cannot be challenged through the relevant regulation.
In fact, he specified that the distinction between the various sections, including civil and criminal ones, of the same court refers to mere internal articulations of a single office. This leads to the exclusion of the possibility of qualifying the respective attributions as a "matter of competence"; Therefore the application of the regulatory solutions enshrined in art. 28 c.p.p. (cases of conflict) must be excluded, both directly and analogically.
NEWS
The Council of State reaffirms some principles in the field of public procurement
02/05/2024The Council of State, Section V, in its judgment of 12 February 2024, no. 1372, rendered on the subject of tender contracts, ruled that the instrument of "soccorso istruttorio" cannot be used to re...
The Contracting Authority enjoys wide discretion in the evaluation of technical offers
18/04/2024The Council of State, section V, in its judgement of 27 February 2024, no. 1911, rendered on the subject of tenders, reaffirmed that "the evaluation of the tenders and, likewise, the awarding of sc...
- 15/04/2024
The Court of Cassation, in its judgement of 20 March 2024, no. 7329, rendered in banking matters, ruled that "in bank account agreements, the statement of account balance has evidentiary effectiven...