The Constitutionality of the Provisions Guarantor Board

THE INSTITUTIONS OF THE REPUBLIC OF SAN MARINO AND THEIR EVOLUTION THROUGH THE CENTURIES

Established by constitutional law no. 36 dated 26 February 2002 and subsequently regulated by law no. 55 dated 25 April 2003, it has a substantially dual function - of a constitutional and jurisdictional nature. Part of the former is the Syndicate of Constitutional Legitimacy of the Provisions, to be exercised in an incidental and a direct way, the Regency Syndicate, the Judgement of Acceptability of Referendums, and the Decision on Conflicts between Constitutional Bodies.

Part of the latter on the other hand are the jurisdictional functions of the Guarantor Board: the judgement on Jurisdiction conflicts, the judgement on the Abstention and Objection of the Magistrates, Third Appeal judgement in Administrative and Civil judgements, with function attributed to the Judge for the Third Appeal, and the decision on petitions for the revision of criminal sentences attributed to the Judge for Extraordinary Remedies who is also responsible for judgements on Querela Nullitatis remedies.

A Guarantor Board member is also competent to decide in last petition as regards appeals presented in criminal proceedings and concerning the legitimacy of real and personal cautionary provisions adopted during the course of judgement or execution of the sentence.



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