Il bene della riservatezza nelle procedure di interpello

Abstract

[The good of privacy in the Interpel procedures] With the ruling n.1946 of 25 January 20173, the United Sections of the Court of Cassation resolve the jurisprudential conflict that arose following the declaration of illegitimacy of the art. 28, paragraph 7, of Law n. 184/1983 - pronounced by the Constitutional Court with sentence n. 278/2013 - stating that it is up to the judge, in the absence of legislative discipline, to derive from the system the rules that allow the child to exercise the right to call the mother in absolute respect of her privacy. The protection of the latter, in fact, according to the Constitutional Court itself, should represent the primary purpose of the requested legislative intervention.  Indeed, it is precisely the ratio of the right of anonymity that should represent the starting point to verify the consistency of the readings offered by the jurisprudence regarding anonymous birth and to consider, in a de iure condendo perspective, the forecast of the new ruling institute.