Quote:
A.C. 4833 PREJUDICIAL ISSUES Conversion in law of the decree-law 22 March 2004, n. 72, bringing participations in order to contrast the spread illicit data transmission of material audiovisual aid, let alone to support of the cinematographic activities and the show. N. 1, Seduta of 31 March 2004 the Room, premised that: the terminologies used from article 1 of the decree do not turn out consistent to the definitions of the European norm and in particular to the directives 2000/31 CE on the electronic commerce and 2001/29 CE on the protection of the copyright. Such nominalistica indeterminatezza does not concur a precise location of the adressees of the norms and therefore a graduazione of the sanzionatorie measures, violando in such a way is article 117, first codicil, of the Constitution - in how much it subjects the legislative potestą to the respect of ties deriving from the communitarian ordering - is the classic constitutional principle of the proportionality of the endorsement; the protection of the copyright limitedly to the single field of the audiovisional works creates one unreasonable disparity of treatment regarding the other works of the talent, in violation of the principle of equality previewed from article 3, first codicil, of the Constitution; codicil 3 of same article 1 operates moreover one violation of the article 109 of the Constitution previewing activities of not coordinated judiciary police from the judicial authority, deliberates not to proceed in the examination of the provision. n. 1, Grignaffini, Chiaromonte, Capitelli, Carli, Giulietti, Lolli, Hammer, Pebble, Tocci, Lions, Innocents, Ruzzante, Magnolfi.
