Rosario Sapienza

Further Comments upon the Italian Constitutional Court Judgment No. 162 of 10 June 2014. Margin of Appreciation and Conformative Interpretation to the ECHR Relating to Embryo Transfer

  • Abstract

Informations and abstract

Keywords: Embryo Transfer; Margin of Appreciation; Conformative Interpretation; Constitutional Court; ECHR.

With a much discussed judgment the Italian Constitutional Court held that the Italian law 40/2004 concerning medically assisted procreation violates fundamental rights where by banning Embryo Transfer techniques. The judgment was subject to deep criticism due to, among others, the fact that the Constitutional Court doesn't take in any account Strasbourg case-law on the issue, even if during the proceedings, the Court herself had required a reformulation of the point after a Strasbourg judgment on similar issues. This note argues that, even if the Italian Constitutional Court has adopted a highly problematic construction of the relationship between her activities and Strasbourg judgments based on the acceptance of a duty of conformative interpretation, in the present judgment there was no need to use European yardsticks to protect those rights clearly elaborated in the Italian Constitutional Charter.

Trova nel catalogo di Worldcat

Article first page

Article first page