Nuovi modelli familiari, matrimonio e unione civile: fine della partita?

Di Giovanni De Cristofaro -
The entry in force of Law May 20th, 2016, No. 76 has brought radical innovations to the Italian family law, finally introducing a legislative regulation of civil partnerships between same sex couples. Between the legal regime of the marriage and the legal regime of the civil partnership there are however several and relevant differences. These differences, according to the Author, were wittingly wanted by the Italian Legislator with the aim to prevent the new law from being declared unconstitutional, in the light of the interpretation of the artt. 2, 3 and 29 of the Constitution given by the Italian Constitutional Court in the judgments relating to the private-law regulation od same-sex couples. However, the mentioned differences between the two regimes appear to the Author to be incompatible with the ECHR and with the EU Charter of Fundamental Rights, as respectively interpreted by the European Court of Human Rights and by the EU Court of Justice. Therefore, within a few years, these differences are inevitably going to be gradually eliminated, especially with regard to the access of same-sex couples to filiation, and even the choice of denying the access to marriage to same-sex couples appears to be destined to be overcome.