The general clause of “ordine pubblico”. Operational dimension, evanescence and ideological esposure

Abstract

The protection of the national legal order is no longer the sole function of the general clause of “ordine pubblico”. Over time this clause has also acquired a promotional function for supranational principles and values. This role undoubtedly facilitates the coordination between domestic legal systems as well as and between national legal orders and the supranational legal system. Now as then, however, “ordine pubblico” remain a principle susceptible to ideological drifts that can significantly influence the interaction between State legal orders and religious legal systems.