Ne bis in idem, animal protection and reform of Article 9 of the Constitution. Considerations on the relationship between exclusive state competence and statuatory reservation since Constitutional Court ruling No. 121 of 2023
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Abstract
Beginning with Constitutional Court ruling No. 121/2023, the author addresses the issue of the hypothetical reservation of state law under the new Article 9 Const. in order to assess the compatibility with the new text of regional laws dealing with the ways and forms of animal protection. In order to save regional disciplines, the author proposes a reading of the new Article 9 that would allow regional laws to be included as «forms» as long as they move within a perimeter drawn by a state discipline.
Keywords
- animal protection
- ne bis in idem
- statuatory reservation
- exclusive state competence
- Article 9 Const
