Judgment No. 33 of 2025
Giovanni AMOROSO, President Emanuela NAVARRETTA, Judge Rapporteur
By a referral order registered as No 139 of the 2024 Register of Referral Orders,
the Family Court of Florence (Tribunale per i minorenni di Firenze) raised questions as
to the constitutionality of Articles 29-bis(1) and 30(1) of Law No 184/1983, insofar as,
respectively, they fail to allow single persons residing in Italy to apply for a decree of
suitability for intercountry adoption (dichiarazione di idoneità all’adozione
internazionale) and do not allow courts to issue a decree of suitability for intercountry
adoption with respect to single persons found to be fit to parent by a preliminary
assessment, with reference to Articles 2 and 117(1) of the Constitution, the latter in
relation to Article 8 ECHR.
The referring court reports that the main proceedings arise from the resumption of
a previous case, in the course of which a question had been raised concerning the
constitutionality of Article 29-bis(1) of Law No 184/1983, for violation of Article 117(1)
of the Constitution, in relation to Article 8 ECHR. The question was declared inadmissible
by this Court in Judgment No 252/2021.
Judgment No. 21 of 2025
Giovanni AMOROSO, President Luca ANTONINI and Giovanni PITRUZZELLA, Judge Rapporteurs
in proceedings concerning the constitutionality of Article 1(115) to (119) of Law
No 197 of 29 December 2022 (State budget for financial year 2023 and multi-year budget
for the 2023-2025 period), initiated by Section II-ter of the Regional Administrative Court
(Tribunale amministrativo regionale) of Lazio with seven referral orders of 16 January
2024, by Section 14 of the First Instance Tax Court (Corte di giustizia tributaria di primo
grado) of Messina with referral order of 9 October 2024 and by Section 1 of the First
Instance Tax Court (Corte di giustizia tributaria di primo grado) of Trieste with referral
order of 13 November 2024, registered respectively as Nos 65 to 71, 208 and 239 in the
2024 Register of Referral Orders and published in Official Journal of the Italian Republic
Nos 18, 19, 46 and 50, first special series 2024.
Having regard to the entries of appearance filed by Acea Produzione spa,
Andromeda Pv srl and others, Esso Italiana srl, Engie Italia spa and others, Tamoil Italia
spa, Engycalor Energia Calore srl, Energie spa, B&G Servizi Rete ed Extrarete srl and
Som spa;
having regard to the statements in intervention filed by Olimpia srl a socio unico
and Verona Service srl, and by the President of the Council of Ministers;
after hearing Judge Rapporteurs Luca Antonini and Giovanni Pitruzzella at the
public hearing of 10 April 2024;
after hearing Counsel Nico Moravia for Engycalor Energia Calore srl, Counsel
Fabio Cintioli for Acea Produzione spa, Counsel Aristide Police for Engie Italia spa and
others, Counsel Giulio Enea Vigevani for Tamoil Italia spa, Counsel Giorgio Fraccastoro
for Andromeda Pv srl and others, Counsel Germana Cassar for Energie spa, Counsel
Antonio Lirosi for Esso Italiana srl, Counsel Giuseppe Pizzonia for Acea Produzione spa,
Counsel Marco Miccinesi for Tamoil Italia spa, Counsels Livia Salvini and Davide De
Girolamo for Esso Italiana srl and others, and State Counsels Salvatore Faraci, Roberta
Guizzi and Mattia Cherubini for the President of the Council of Ministers;
after deliberation in chambers on 10 February 2025.
Judgment No. 7 of 2025
Giovanni Amoroso, President - Francesco Viganò, Judge Rapporteur
in proceedings concerning the constitutionality of Article 2641, first and second paragraph of the Civil Code, initiated by the Fifth Criminal Division of the Court of Cassation (Corte di cassazione, sezione quinta penale), with referral order of 27 February 2024, registered as No 127 in the 2024 Register of Referral Orders and published in Official Journal of the Italian Republic No 27, first special series of 2024. Having regard to the entry of appearance filed by G.Z.; after hearing Judge Rapporteur Francesco Viganò at the public hearing of 10 December 2024; after hearing Counsels Enrico Mario Ambrosetti and Tullio Padovani for G.Z.; after deliberation in chambers on 14 January 2025.