La Corte e la tecnica legislativa

The judgment n. 110/2013 represents a fundamental step in the jurisprudence on legal drafting, as for the first time the Court affirms that the unclearness of the law determines its unreasonableness (and, consequently, its illegitimacy). The paper identifies further parameters that lead to the same conclusion reached by the Court and emphasises the need, from now on, to define the cases in which the obscurity of the law is so severe as to determine its unconstitutionality. This activity is to be performed by the Court with extensive use of its self-restraint.