The Constitutional Court recently ruled on municipal elections, declaring the constitutional illegitimacy of Article 1 of Sardinian Regional Law No. 9 of 11 April 2022. The provision in question, which amended the previous Regional Law No. 4 of 2012, established the possibility for mayors of municipalities with a population of up to three thousand inhabitants to assume a maximum number of four consecutive mandates and for mayors of municipalities with a population of up to five thousand inhabitants a maximum number of three consecutive mandates.

 

In the present case, the judges upheld the appeal, finding that the question of constitutionality raised by the President of the Council of Ministers was well-founded. First, the Court confirmed its previous case law, recalling that the rules governing local authority elections and the associated ineligibility and incompatibility fall within the statutory competence of regions with special autonomy. However, the judges also recalled that this competence must be exercised in harmony with the Constitution, with the principle laid down in Article 51, as well as with the principles of the Italian legal system. First, the Court confirmed its previous case law, recalling that the rules governing local authority elections, and the connected ineligibility and incompatibility, fall within the statutory competence of regions with special autonomy. However, the judges also stated that this competence must be exercised in harmony with the Constitution, particularly with the principle laid down in Article 51 thereof, and with the principles of the Italian legal system. Secondly, the Court stated that the protection of the fundamental right to stand for election(s) requires that all citizens have equal access to elected office, regardless of their gender. Therefore, it must be the State legislature to establish the maximum number of consecutive elective mandates for mayors, by adopting uniform rules for the entire national territory (and therefore also for municipalities). Third, the Court recalled that the provision of a maximum number of consecutive elective terms of office for mayors had been introduced as a weighted counterbalance to their direct election. As such, it serves to guarantee various rights and principles of constitutional rank, such as the effective par condicio between candidates, the freedom of individual voters to vote and the overall genuineness of the electoral competition, the physiological turnover of the political class and, ultimately, the very democratic nature of local authorities.

In the light of the above considerations, the Court concluded by affirming the constitutional illegitimacy of Article 1 of Sardinian Regional Law No. 9 of 2022 for breach of Article 3(b) of the Region's special Statute and of Articles 3 and 51 of the Constitution, and for the contrast with the regulation at the State level, ex Article 51, paragraph 2 of the ‘Testo unico degli enti locali’ (TUEL), by virtue of which mayors of municipalities with a population of less than five thousand inhabitants may serve three consecutive terms and mayors of other municipalities two consecutive ones.

 

(Comment by Edin Skrebo)