rule of law

Constitutional Court: Report on its 2025 activities and protection of rights

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On March 26, 2026, President Giovanni Amoroso presented the Annual report on the activity of the Constitutional Court in 2025. During the year, the Constitutional Court (CC) issued 219 decisions, recording 190 judgments and 29 orders, a small increase compared to the 212 decisions of the previous year. The rulings were expressed mainly in incidental proceedings, which represented 73.1% of the total judgments (160 decisions), while principal proceedings stood at 16.4% (36 decisions).

The report highlights the CC's strong commitment to integrate national and European law. In incidental judgments, the Court has strengthened its use of Charter of Fundamental Rights of the European Union (CFREU) as a parameter of constitutionality, particularly to protect individuals' rights in areas such as tax proceedings and sanctions. In Judgment No. 7, the Court declared Article 2641, paragraph 2 of the Civil Code unconstitutional insofar as it provided for the mandatory confiscation of a sum of money or assets of equivalent value to those used to commit a corporate crime, applying the principle of proportionality set forth in Article 49.3 of the CFREU.

Furthermore, the protection of fundamental rights has concerned crucial issues such as medically assisted suicide and adoption. With Sentence No. 33, the CC declared the exclusion of single persons from the international adoption of minors unconstitutional, establishing that single-parent families also offer a suitable environment for the child's upbringing, in line with Article 8 of the European Convention on Human Rights (ECHR). Regarding the end-of-life topic, Rulings No. 66 and No. 132 consolidated the protection of the freedom of self-determination of fragile patients, recognizing the right to receive assistance from the National Health Service for assisted suicide.

Finally, the report addresses the division of regional powers and autonomy, in accordance with Article 117 of the Constitution. Regarding electoral matters, Rulings No. 64 and No. 211 established a ban on regional presidents serving a third consecutive term, a general principle also applicable to special autonomies.

The publication celebrates the upcoming seventieth anniversary of the Court's first hearing, which took place on 23 April 1956, reaffirming its role as guarantor of constitutional and European legality in Italy.

Yearbook

2025

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Keywords

rule of law human rights protection Italy