La Corte alla ricerca di nuove strade per garantire la massima effettività dei diritti fondamentali. Note a margine della sentenza n. 22 del 2022 della Corte costituzionale

This article analyses the Constitutional Court's judgement no. 22/2022 in which the Court, following an articulated preliminary enquiry to the various public bodies having competence in the REMS system, concludes its intervention with a decision of “inadmissibility”, accompanied by an ultimate and reinforced warning to the Legislator. The complaints raised by the referring body and shared by the Constitutional Judges and the inefficiencies of the entire system would not be overcome by a ruling of the Court. It’s necessary for a legislative reform to reorganize the discipline of the security measure in such a way as to guarantee the effectiveness of the fundamental rights. The paper highlights, on the one hand, the complex and innovative procedural tool used by the Court, which has become a promoter of loyal cooperation between the different institutions, and on the other hand, the use of the concept of vulnerability, a constant reference for any Court to ensure the universalism of the protection of fundamental rights.