Reflections on the new appeal against the extract from the roll between (ir)retroactive effect and suspicions of constitutional illegitimacy

The early (and optional) appeal against the so-called "excerpt from the docket", which the case law had generally accepted, has undergone a significant reduction in its scope of application as a result of Article 3-bis of Law Decree No. 146 of 21 October 2021, converted with amendments by Law No. 215 of 17 December 2021. Given the legislature's silence as to the temporal effectiveness of the newly introduced rule, the United Sections ruled that judgments already pending at the time of its entry into force should also be subject to the new legislation. This interpretation, in tandem with the content of the novelty, gave rise to much dissent to the extent that the question of constitutionality has already been raised incidentally.