Inerzia del legislatore e dialettica istituzionale nell’ordinanza della Corte costituzionale in tema di aiuto al suicidio

This article analyses the consequences of the Italian Constitutional Court decisions postponing the effects of a declaration of constitutional illegitimacy (decisioni di incostituzionalità differita) on inter-institutional relationships. Building on the Constitutional Court judgment 207/2018 regarding assisted suicide, this essay explores the effects of this peculiar operative provision of the decision on the judiciary and on legislative power. The analysis focuses in particular on the relationships between Constitutional Court and Parliament when questions concerning legislative discretion and protection of fundamental rights are contested. The altered temporal effects of the decision appear to constitute the prerequisite for a fair cooperation between the Court and legislative power, one that will possibly remedy a situation of continued parliamentary inactivity. This new kind of cooperation could potentially redefine the constitutional discourse on protection of fundamental rights and separation of powers.