Giudicato penale e overruling giurisprudenziale in bonam partem

Abstract

Issue of great relevance, which led to the involvement of national supreme courts as well as the European ones in the mechanism of protection of fundamental rights, concerns the compatibility of the domestic retroactive laws, especially of authentic interpretation, ECHR legislation, as observed by their respective jurisdictions; this shows that a correct interpretation is essential in solving concrete problems, often replacing the inertia of legislators.