Rettificazione di sesso e scioglimento imposto dell’unione civile: il rimedio della Consulta

The ever closer dialogue between constitutional norms and civil norms is being translated into a constant work of rewriting of old and recent institutes of private law, in order to enhance their new functions as tools for training and developing the individual’s personality. Sentence no. 66 of 2024 of the Constitutional Court on the gender rectification and civil union is an emblematic example of this unstoppable process – the latest in a long series regarding family relationships – and of the role of the Consulta in the construction of civil-constitutional law: not only do justice to the violated rights, but above all guarantee the evolution of the system by adapting it to real necessities, intercepting new needs and requests for protection and giving them substance and expansion. The author analyzes the decision, with particular attention to the operational aspects of the remedy identified by the Court.