A final conclusive assessment is hereby provided, to synthetise the main findings under the adopted constitutional approach. It does so by integrating a reflection de iure condito and one de iure condendo, to make more effective the model in question, to avoid the significant risks already exposed and tackle the doubts of constitutional legitimacy. As it shall be argued, the role of the judge—to be rediscovered within such a new collective dimension of enforcement—stands firmly as the decisive litmus test of the reform. Ultimately, both such a key actor, together with all the other players involved, and the structural guarantees of fair trial need to adapt themselves and be re-assessed, in order to ensure the correct implementation of the dual class action model in question. This is to be done, as argued, under the double pennant of pluralism and integration.

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Final Constitutional Assessment and Forward Look

  • Ander Maglica

摘要

A final conclusive assessment is hereby provided, to synthetise the main findings under the adopted constitutional approach. It does so by integrating a reflection de iure condito and one de iure condendo, to make more effective the model in question, to avoid the significant risks already exposed and tackle the doubts of constitutional legitimacy. As it shall be argued, the role of the judge—to be rediscovered within such a new collective dimension of enforcement—stands firmly as the decisive litmus test of the reform. Ultimately, both such a key actor, together with all the other players involved, and the structural guarantees of fair trial need to adapt themselves and be re-assessed, in order to ensure the correct implementation of the dual class action model in question. This is to be done, as argued, under the double pennant of pluralism and integration.