Constitutional models on protecting the rule of law and the rights of convicted persons

The general objective is to analyze the various constitutional models that can serve as a pattern for revising the Constitution on amnesty and pardon. In our analysis, we refer to two main dimensions: full respect for the rights of convicted persons, namely the imposition of a mechanism to prevent the arbitrary use of constitutional prerogatives to grant amnesty and pardon, which would thus affect the functioning of the rule of law. The second objective of the research is to develop an optimal framework for reforming the institutions of amnesty and pardon, starting from “good practice models” identified in the European space. We are proposing to bring into discussion a mechanism to prevent institutional missteps resulting from the personal use of the prerogatives for the provision of amnesty and pardon.