Confused Powers, Disputed Powers: the Criminal Court Judge in Front of the Needs of Business Continuity
Starting from the chronological separation of powers derived from Husserl and going through several French and Italian rules, the paper intends to point out the emersion of a peculiar kind of Criminal Court judge, a guarantor of the public interest to business continuity. The matter of judicial encroachment of typically administrative areas – like the managing of “crisis”, including the business one – leads to identify in the current legislation an intervention scheme (e.g. the appointment of special commissioners by the Court) where the traditional separation of powers is partially derogated, being nevertheless preferable to solutions (see the so-called “Ilva” model) where the powers involved, apparently separate, enter into conflict. With respect to the said kind of Criminal Court judge, guarantor of the balancing between criminal law rules and economy, there is a matter of limits, to be drawn by the lawmaker.