Note minime sul rapporto tra ius, ethos e scientia

The writing analyzes the relationship between ethics, law and science, as resulting from the decision n. 84/2016 of Constitutional Court. The judgement refuses to declare unconstitutional art. 13, law no. 40/2004, which prohibits any use of spare embryos (created during in vitro fertilization) for scientific research purposes. The main argument put forward by the Court is the wide range of political choices available in this matter, where there are not certainty or consolidated points of views, neither in the scientific nor in the ethical field. The aim of the article is to show how, doing so, Constitutional Court leaves the Constitution “silent” in the scientifically and ethically controversial issues. Moreover, in the name of respect of parliamentary will, it entirely delivers the solution of delicate problems in the judge hands, without giving them any constitutional guide-line.