Acceso usuarios
Starting from the Ministry of the Interior’s Circular No. 63/2022, implementing the Constitutional Court’s ruling No. 131/2022 in which it declared illegitimate the automatic transmission of only the paternal surname to children, the paper investigates the phenomenon, of more qualitative than quantitative importance, of “circulars implementing constitutional decisionsµ adopted in the absence of legislative intermediation. The essay intends to emphasize the repercussions that the use of such circulars can determine both on the certainty of relationships in registry matters and on the system of rights protection. From a constitutional perspective, the implementation of constitutional judgments through ministerial circulars, in the absence of legislative intervention, constitutes a privileged point of observation on some recent trends that now seem to characterize the evolution of the system of sources, on the one hand, and the structure of powers, on the other.
