Juez tercero e imparcial como elemento “premisa” del proceso justo entre Constituciòn y fuentes supranacionales

The consistency of the European and constitutional framework, requiring a third and impartial judge, calls for a new critical interpretation; partially because of the effectiveness of wordings coming from higher law, but also because the jurisdictional requirements constitute, according to the constitutional will, the precondition for a fair trial. Hence the need to protect the above mentioned issues, even in those cases that aren’t normatively provided for. And in this perspective, the value of procedural safe-guards needs again to be stressed, by overruling a case–law not always complying with written law.