La Corte costituzionale riconosce il diritto, preannunciato, a morire rapidamente e con dignità con una tecnica decisoria dalle dirompenti implicazioni

With Judgment n. 242/2019 the Italian Constitutional Court declared constitutional illegitimacy of art. 580, criminal code, in the part where it punishes the aid to suicide lent to a patient affected by irreversible pathology, intolerable suffering and kept alive by life-support treatments, but fully capable of making free and informed decisions, as long as these requirements have been verified by a public structure of the NHS with the opinion of the Ethics Commette. The essay aims at analyzing the “Cappato saga” starting from judgment n. 207/2018 through which the Constitutional Court postponed the hearing to give the Parliament a contingent time to legislate and dictated real “governing criteria” for future legislation. Due to the inertia of the legislator with judgment n. 242/2019 the Constitutional Court decided to adopt an “additive procedure” ruling and recognized “the right to die quickly and with dignity”, setting the specific conditions for its exercise.