[Editor’s Note: This is the final Part of our I-CONnect symposium on the Italian Constitutional Court’s recent judgment on assisted suicide. The Introduction is available here, Part I is available here, and Part II is available here.]
—Nannerel Fiano, P.h.D. Candidate in Constitutional Law, University of Milan.
With its historic Decree 207 of 2018 concerning the notorious Cappato case, the Constitutional Court got involved in a widely debated subject – not only by experts in constitutional doctrine – namely the so-called “assisted suicide”.
When constitutional judges were called upon to rule on the legitimacy of art. 580 of the Criminal Code, they proclaimed it illegitimate, thus paving the way for significant modifications (nothing short of revolutionary) of the body of law that regulates the so-called “end of life”. But there is more.
The “revolution” involves other levels too, since the Constitutional Court has introduced a new development “strategy” for the constitutional process by activating “powers of process management,” which brings it closer to the German experience of the Bundesverfassungsgericht.