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Journal Article

Citation

Eusebi L. Rivista Italiana di Medicina Legale e del Diritto in Campo Sanitario 2018; 40(4): 1313-1322.

Copyright

(Copyright © 2018)

DOI

unavailable

PMID

unavailable

Abstract

The paper offers a comment, atfirst reading, about the hearing postponement order (No. 207/2018) issued by the Constitutional Court, in order to make room Jot possible parliamentary decisions, regarding to the question of constitutional legitimacy of the art. 580 c.p. on the subject of abetment to suicide. The analysis of the motivation highlights the aporias that would derive from the recognition of a constitutional right to die "quickly", given certain circumstances, and the reasons that do not allow considering as already taken by the Constitutional Court any decisions in this sense. Persisting difficulties to believe that such a transition can take place through an exclusive choice of constitutional judges, it is stressed the unacceptability of approaches intended to present the possible intervention of the legislator as a compelled one, and it is claimed the achievement of an equal relationship between the Parliament and the Constitutional Court (opened to a well-balanced analysis of the order, on the basis of what the legislator thoughtfully established by the lawn. 219/2017). © 2019 Rivista Italiana di Medicina Legale e del Diritto in Campo Sanitario. All rights reserved.


Language: it

Keywords

End-of-life decisions; Abetment to suicide; Relations between the Constitutional Court and the Parliament

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