The annotated order is emblematic of the matured leading role of criminal judge to make legal rule through the teleological interpretative technique. The Court examines three aspects of the affair to preventive seizure of tourist moorings of Otranto: binding nature of administrative decision which has become final; configurability of building crime of omission; disapplication of article 1, subparagraph 246, L. 145/2018 in contrast to articles 12 Directive 2006/123/EC and 49 TFEU. The Court's solutions don't appear to comply with the basic principles of criminal exegesis.
