La Corte giudica se stessa. Note a margine della sentenza n. 161 del 2023 sull'irrevocabilità del consenso maschile alla PMA

In its Judgement No. 161 of 2023, the Italian Constitutional Court refused to declare the illegitimacy of Article 6, paragraph 3, of Law No. 40 of 2004, providing for the irrevocability of men’s consent to medically assisted reproduction after an embryo formation. The paper critically analyses the arguments used by the Court and points out a potential new inconsistency in the relationship between the Court and the legislator. During the years, the Constitutional Court has modified various aspects of the law concerning medically assisted reproduction, ultimately altering the meaning of the provision in question. Starting from this point, the author focuses her attention on the problem of a Court having to judge a rule shaped by its own jurisprudence, effectively placing the Constitutional Court in a position of “judging itself.”