The constitutional principle of fair trial requires the specificity of the grounds of appeal

Our judgment: the constitutional principle of fair trial requires the specificity of the grounds of appeal

(Court of Appeal of Naples, Labour Division, judgment no. 3028 of 9 May 2016)

A worker appealed before the Court of Appeal on a judgment which rejected the question of the formulated recognition of occupational diseases.

In defending the employing company, the firm pleaded that the appeal of the worker was unacceptable, having sided with the appellant who failed to clearly identify the rulings related to the plea and the complaints specifically related to the ruling. This limited the arguments already made by not providing a trace of “critical” steps in the reasoning of the judgment rendered by the Court.

In acceptance of the said preliminary objection, the Court of Appeal of Naples noted that “the appeal to overcome the eligibility screening in art. 434 Code of Civil Procedure must specifically indicate the parts of the measure that it wants to challenge (volitional profile). This is necessary for elements of the decision to be understood not only by the leaders of the decision but also all of the individual segments that make it up when you take on an independent existence (or causal) with respect to the decision. It should suggest changes that should be made, to allow the reconstruction of the fact (profile argumentative); the relationship of cause and effect between the breach of the law which is denounced and the outcome of the dispute (causal profile) … “.

This is also in order to ensure compliance with the principles expressed by art. 111 Constitution, “in closely related segments of a fair trial within a reasonable time.”

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