La circolare del Ministero dell’Interno n. 63/2022 tra (in)certezza anagrafica e tendenze ordinamentali

Cecchini, Stefania

2023-01-01

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Abstract

Starting from the Ministry of the Interior’s Circular No. 63/2022, implementing the Consti- tutional Court’s ruling No. 131/2022 in which it declared illegitimate the automatic trans- mission of only the paternal surname to children, the paper investigates the phenomenon, of more qualitative than quantitative importance, of “circulars implementing constitutional decisions” adopted in the absence of legislative intermediation. The essay intends to empha- size the repercussions that the use of such circulars can determine both on the certainty of relationships in registry matters and on the system of rights protection. From a constitution- al perspective, the implementation of constitutional judgments through ministerial circu- lars, in the absence of legislative intervention, constitutes a privileged point of observation on some recent trends that now seem to characterize the evolution of the system of sources, on the one hand, and the structure of powers, on the other.