2 THE ITALIAN LAW JOURNAL NO. 1 (2016) The Prohibition of Gametes’ Donation: When the Constitutional Court ‘Decides to Decide’ by Emanuella Prascina The paper addresses the prohibition on gamete donation, which was recently revoked by a landmark judgment of the Italian Constitutional Court. In the first part, it explores the social and cultural context to and political debate regarding the Italian law on medically assisted reproduction. It then sets out a framework for analysing the progressive erosion of the ban. It presents the Court’s clear intention finally to adopt a position, setting aside the reluctant stance of the past and the much-criticised tendency to ‘decide not to decide’. The paper then concludes with a discussion of the scenarios to which the revocation of the ban has given rise.
