The right to freedom guaranteed

The Constitutional Court once again guarantees the right to freedom, declaring the constitutional illegitimacy, due to excessive legislative delegation, of Legislative Decree 4 March 2010 n. 28 in the part in which it establishes the mandatory nature of mediation.

Mediation, therefore, is recognized in our judicial system, however, the citizen is free to choose whether or not to avail himself of mediation.

The Constitutional Court declares “mandatory civil mediation” unconstitutional.

Article 136 of the Constitution establishes that " when the Court declares the unconstitutionality of a law or act having the force of law, the law ceases to have effect from the day following the publication of the decision ". Therefore, Legislative Decree 4 March 2010, n. 28, in the part in which it provides for the mandatory nature of mediation, ceased to have effect from the publication of the ruling of the Constitutional Court.

Palermo, October 30th 2012.

Attorney Giovanni Babino