L’assegno di mantenimento ha ancora natura assistenziale? il rilievo della comparazione nel sindacato di costituzionalità.

The essay is focused on paragraph 9 of the referral order issued by the Court of Florence on May 22, 2013. This latter is aimed at inviting the Constitutional Court to compare Italian and foreign legislative choices, so as to trace differences and similarities with regard to divorce settlement. In fact, in addition to purely domestic law arguments, the judge of the Court of Florence questions the Constitutional Court on the peculiar Italian situation in comparison with the European scenario. The latter will be explored on the basis of the relevance of comparative law, seen through the lens of the work of the Commission on European Family Law (CEFL), and could provide the Constitutional Court with the possibility of using foreign law within its judgments