The appeal of the principle of reasonableness in the constitutional review of irremediably obscure provisions: applicability and limits

Abstract

The topic of the quality of regulation, which has been extensively dealt with by legal-administrative doctrine, finds a new reason for scholarly interest following the Constitutional Court's ruling No. 110/2023. The main element of interest is the constitutional parameterization of unintelligible regulatory provisions, with particular reference to the principle of reasonableness enshrined in Article 3 of the Constitution. A radically obscure norm does not guarantee equal application in the hands of the recipients and may affect the guarantees protecting rights and legitimate interests, as well as the principle of legality and the division of powers. Conversely, reference to the criterion of the unintelligibility of terms and linguistic formulations may result in the unintended effect of further extending the attempt to appeal to the Constitutional Court. For this reason, it is necessary to dwell on the minimum standards for delimiting the boundaries of recourse to the court of laws