Angelo Licastro

The Judicial Epilogue of the Cappato Affair and the «Subsidiary» Role of the Lawmakers in the Regulation of the «Ethically Sensitive» Issues

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Abstract

The present essay deals with the issue regarding end-of-life choices after Italian Constitutional Court ruling No. 242/2019, which has declared the partial unconstitutionality of the provision prohibiting aid to suicide (Article 580 of the Italian Criminal Code). The Author analyses the new ruling of the Constitutional Court by comparing it with the previous Ordinance No. 207/2018 and argues that the role of the lawmakers in regulating «ethically sensitive» issues is now to be considered subsidiary.

Keywords

  • Assisted Suicide
  • Euthanasia
  • Ethically Sensitive Issues
  • End-of-Life Choices

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