Thirty students from the Department of Law took part in the Constitutional Trial Simulation, organised as part of the Constitutional Law course held by Prof. Antonio Saitta, with the collaboration of Dr. Antonino Amato. In the simulation, the students, in the role of lawyers and constitutional judges, examine an issue actually pending before the Constitutional Court.
This year thee question of constitutional legitimacy examined in the trial simulation concerns the complex issue of gender dysphoria. At issue is, in fact, the recognition of a 'non-binary' gender, which is currently not provided for by law. The 'real' constitutional case was brought by the Court of Bolzano, before which a person who does recognise himself neither in the female gender nor in the male gender, but in a non-binary gender, appeared.
Choices on the recognition of the so-called 'third gender' involve a delicate balancing of constitutional values, including the person's right to self-determination, the right to one's gender identity, the principle of equality and the principle of legal certainty.
The participants were divided into three working groups ('Constitutional Court', 'Avvocatura dello Stato' and 'Avvocatura del libero foro') to analyse the question of constitutional legitimacy from different points of view: that of the private parties to the case, that of the Avvocatura dello Stato (which 'defends' the law) and that of the constitutional judges.
After a preliminary phase of studying the issue, the students gathered on Tuesday, 26 April 2024 in the courtroom of the Appelate Court of Messina, where the first public hearing of the simulation was held. The participants were welcomed by the warm greetings of H.E. the President of the Court of Appeal, Cons. Luigi Lombardo, and by the President of the Appelate Court of, Dr. Massimiliano Micali. After an introduction by Prof. Antonio Saitta, the students representing the lawyers passionately presented their arguments and refuted the content of the opposing defences.
At the conclusion of the simulation, on Friday, 12 April 2024, at 3 p.m., in the Appelate Court Hall, the 'Court' made its decision and read out the motivation.
A plenary debate followed.
As part of the initiative, a visit to the Chamber of Deputies in Rome took place on 15 and 16 April, to watch the parliamentary work in progress, and to the Constitutional Court, to attend a hearing in which various questions of constitutional legitimacy will be discussed.
