The recent sentence of the Civil Cassation 6 March 2020, n. 6459 (innovative, in terms of “negozio fiduciario”, of the jurisprudential address dating back to the old civil code of 1865 and persistent up to the current civil code) offers the opportunity to retrace the story that led to the exemption from service of the Attorney General of the Supreme Court of Cassation Giovanni Appiani, following his inauguration speech of the judicial year 1929. As about other previous reported events, the executive power removed illustrious magistrates from the judicial order because they were not aligned with the fascist regime. The event of the “Institutional rudeness” made by the Attorney General Massimo Pilotti during the inauguration in the Supreme Court of the judicial year 1947 has been different: the Government of the time, although authoritatively urged in parliament to intervene, knew how to respect, given the separation of the two powers, the judiciary’s independence as recognized by the republican constitution.

Una rilevante sentenza, una risalente questione ed una (sfortunata) relazione inaugurale di un anno giudiziario in Cassazione

Gian Paolo Trifone
2021-01-01

Abstract

The recent sentence of the Civil Cassation 6 March 2020, n. 6459 (innovative, in terms of “negozio fiduciario”, of the jurisprudential address dating back to the old civil code of 1865 and persistent up to the current civil code) offers the opportunity to retrace the story that led to the exemption from service of the Attorney General of the Supreme Court of Cassation Giovanni Appiani, following his inauguration speech of the judicial year 1929. As about other previous reported events, the executive power removed illustrious magistrates from the judicial order because they were not aligned with the fascist regime. The event of the “Institutional rudeness” made by the Attorney General Massimo Pilotti during the inauguration in the Supreme Court of the judicial year 1947 has been different: the Government of the time, although authoritatively urged in parliament to intervene, knew how to respect, given the separation of the two powers, the judiciary’s independence as recognized by the republican constitution.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11386/4765167
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