Giuseppe Mobilio

Where is the line between light and shade? The Constitutional Court and the review of «irreparably obscure» laws

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In Judgment No. 110/2023, the Court declares for the first time that a legislative provision is unconstitutional because it suffers from «radical obscurity». Moving from this decision, the paper reconstructs the relevant constitutional jurisprudence on the issue of the quality of regulation and legislative techniques in order to highlight novelties and shortcomings of Judgment No. 110/2023. In particular, the paper dwells on the choice of Article 3 Constitution and the principle of reasonableness, in order to highlight the risks in using this review and exposing the Constitutional Court to political assessments


  • obscure law
  • Constitutional Court
  • law interpretation
  • reasonableness assessment
  • legal certainty


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