Abstract

The children of a same-sex couple must renounce – according Act n. 40/2020 – to their fundamental right to live with those who wanted to give them a family? The Constitutional Court – invested by two raised questions on some norms of this statute – declares their inadmissibility. The Court emphasizes, on the one hand, the uncostitutionality of that norms, on the other the necessity of an intervention of the Parliament. The declaration of uncostitutionality, however, does not cancel the norms that, in spite of the ascertained uncostitutionality, will continue to be applied by ordinary judges. Hence it follows the unsatisfactory character of the decisions, which could have taken the form of “additiveµ of principle