La Corte costituzionale e il rito sommario: ars interpretandi?

[Machine translation] The comment examines the decision by which the Constitutional Court declared the partial unconstitutionality of art. 702-ter, 2nd paragraph, of the Italian Civil Code in the part where it provides that the counterclaim attributed to the collegial court must be declared inadmissible even if it is preliminary to the decision of the main application referred to the monocratic court. The A. focuses attention on some issues originating from the Court's decision, criticizing the attribution to the individual judge, in the present case, of the discretionary power to order the change of the rite into the ordinary.