Augusto Barbera, president of the Constitutional Court, delivered his annual report to the President of Italy, Sergio Mattarella, the College and other authorities. He emphasized the importance of protecting and developing the Italian Constitution as a unifying document that governs the Republic. Barbera stressed the need for respect for the decisions of both the judiciary and the parliament in a constitutional system based on the separation of powers.
Barbera discussed significant events in recent years, both in Italy and internationally. He highlighted the transition from the pandemic to military conflicts, such as the Russian aggression in Ukraine and terrorist attacks in the Middle East. The year 2023 was also marked by heinous cases of femicide and violence against women in Italy. The President of the Court also addressed pressing issues related to civil and social rights, expressing disappointment in the lack of legislative action on important matters, leading the Court to make autonomous decisions to uphold the Constitution.
Barbera called for legislative intervention to address issues such as end-of-life care and the rights of children of same-sex couples, where the absence of parliamentary measures has forced the Court to step in with autonomous rulings. He highlighted the significant number of workplace deaths in 2023, expressing concern for the role of the judiciary in addressing these tragedies. Barbera emphasized the need for legislative action to prevent the need for regional assemblies to step in and for mayors to intervene in matters concerning same-sex couples and their children.
The President urged the Chambers to swiftly elect the missing judge to ensure the full composition of the Court, stressing the essential contribution of each judge to the collegial decision-making process. He noted a decrease in the number of cases brought before the Court in 2023, attributed to improved political coordination between the government and regions. While the Court does not intervene in these discussions, it may review the constitutionality of legislation if necessary, maintaining its role as a check on the balance of power between the State and the Regions.
The report highlighted the Court’s commitment to upholding the Constitution and ensuring the independence and collegiality of its decisions. Barbera’s address called for a balance between respecting the principles of the Constitution and responding to the evolving challenges facing Italian society. The Court’s role in addressing complex legal issues, protecting fundamental rights, and promoting social justice remains essential in navigating the changing landscape of Italy’s legal and political systems.
