Quando una autorità si appella a sé stessa: l’ipotesi del giudicato del Supremo Tribunale della Segnatura Apostolica
When an authority appeals to itself: the hypothesis of the res judicata of the Supreme Tribunal of the Apostolic Signatura

Summary/Abstract: This paper presents the theoretical question that seeks to identify the technique through which the administrative judges recognize the authoritativeness of the sentence issued by the highest jurisdictional authority in case in which it is the apical authority itself that cites its own sentences. It is therefore debated whether the rule of stare decisis is at work (typical of common law systems) or it ought to be considered as probable the hypothesis of the ex auctoritate argument. Therefore, the arguments are sought in favor of the most adequate solution that corresponds to both the formal and material presuppositions of the judgment issued by the Apostolic Signatura according to the canonical norms in force, considering also the specificity underlying the formalization of these esteemed provisions.

• Details
• Contents