ABUSO D’UFFICIO: ULTIMO ATTO? RIFLESSIONI A MARGINE DELLA SENTENZA 95 DEL 2025

The article analyzes Constitutional Court judgment no. 95/2025, which rejected the numerous challenges to the constitutionality of the “Nordio Law” (Law No. 114/2024) abolishing the crime of abuse of office. The Court ruled out the existence of any international obligation to criminalize abuse of office and reaffirmed the legislature’s broad discretion in deciding not to punish certain conduct. While rejecting the claims, the Court nonetheless opened the door to possible in malam partem constitutional review where genuine international obligations exist. The author also stresses the inadequacy of criminal law as a tool to oversee administrative action, now marked by discretion and interest balancing. He concludes that the outright repeal, though legitimate, calls for complementary reforms-particularly on administrative transparency and lobbying regulation.