El coste de una decisión que se no quiere tomar.Observaciones acerca de la introducción del delito de torturaen el ordenamiento italiano y un esbozo de reformulación de laidea de legislador racional

After a difficult and disputed drafting, on July 5, 2017, the Italian Parliamentapproved the Act n. 110/2017, which introduced the crime of torture in Italy.The lack of will of Italian Parliament in promulgating the law, even thoughStrasbourg Court urged in several occasion to reform the law in order to avoidcases of insufficient sanctions in case of violation of art. 3 of the EuropeanConvention on Human Rights, can be explained through a redefinition of themodel of legislative rationality: legislator might be considered rational whenit enacts ambiguous legislative texts at the lowest electoral cost if it urged todo by the pressure of supranational jurisdictions. Finally, even though thisact needs continuous intervention by the judges, who could adopt the role ofsubstitute legislators (thus violating the legality principle), the norms enactedmight be considered “ethically justified” since enhance legal remedies againsttorture. For, our redefinition of rational legislator does not imply a form ofmoral scepticism in public affairs.