A clever and dangerous move – or: a Roman Court goes Lutheran
2 ½ years after it was rendered, Sentenza 238/14 of the Italian Constitutional Court remains an intriguing decision and continues to divide opinion. Was this a heroic act in defence of fundamental values, or a foolish, pointless exercise in ‚token resistance‘? While the language is more guarded, many of the papers presented at a German-Italian Workshop at the Villa Vigoni are inspired by one or the other assessment. The following short comment recognises the controversies prompted by the Judgment. My focus is not on the outcome, though, but on the Constitutional Court’s reasoning – and on two features of that ... continue reading
