L’accertamento della responsabilità degli enti: una delega (non esercitata) del legislatore agli operatori giuridici per l’elaborazione delle regole del processo

While the d.lgs.281/2001 has partly approached the definition of the liability of the entities, it has only superficially dealt with procedural discipline, which doesn’t define an ascertaining process –not even an imperfect or a partially contradictory one – but only an invitation for the operators to elaborate it. They have been asked to establish if and which provisions of the Vassalli Code could be applicable, if and which constitutional principle should be operational. However, the inertia of the legislator has been matched by that of jurisprudence, very little inclined to apply the decree. A trial of entities, therefore, does not exist in legislative provisions nor in jurisprudential elaborations. Twenty years after the decree, the liability of the entities is envisaged, but the means to ascertain it have not been defined.