CONTROVERSIES ON REMEDIES AGAINST COURT REFERRAL IN PRE-TRIAL PROCEEDINGS
CONTROVERSIES ON REMEDIES AGAINST COURT REFERRAL IN PRE-TRIAL PROCEEDINGS

Summary/Abstract: Considering the particular importance of the pre-trial chamber procedure in criminal proceedings, in relation to the legal consequences deriving from the fulfilment of the judicial function specific to this procedural stage prior to trial, this article aims to answer the legal issues giving rise to controversies both at doctrinal and jurisprudential level regarding remedies against the court referral. The jurisprudential upheaval caused particularly by the intervention of the Constitutional Court has led to a reconfiguration of the relevant legal framework. As a result of the failure of the lawmaker to align the wording of the law that was declared unconstitutional with the Constitution, the legal instruments remaining at the disposal of the judge hearing the case before the pre-trial chamber were no longer functionally capable of specifically meeting the requirements imposed by the Constitutional Court. Against this background, starting from the need to achieve a clear outline of the functional competences of each judicial body actively participating in the pre-trial chamber procedure, this paper aims at a broad analysis of the logical and legal mechanisms that allow the identification of the appropriate procedural remedies for the new judicial realities, able of representing an effective remedy of any irregularities in the court referral.

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