Legge n. 40/2004: l'evoluzione della giurisprudenza costituzionale sulla normativa in materia di procreazione medicalmente assistita

Abstract

Law 40/2004, which sets the phenomenon of medically assisted procreation (MAP), has represented one of most controversial regulations of the last decade, igniting the long-standing debate on the complex relationship between science, law and person. The strongly repressive character of the law has determined need of an incisive work of transformation of it, carried out by the jurisprudence of the Constitutional Court, which has literally rewritten the structure of law 40. This work has analyzed the evolution of the constitutional jurisprudence on law 40, highlighting the argumentative route outlined in the various sentences pronounced by the Court, focusing on the principles of “proportionality” and “reasonabless”, throught which the Court allowed the legislation on MAP to guarantee the necessary balancing of all constitutional interests involved, sending a clear message to the Parlament, also for the future and necessary legislative works on assisted reproduction