Italian Constitutional Court, No. 48/2021, 26 March 2021
In its judgment no. 48 of 2021, the Constitutional Court ruled on electoral matters, an issue that has proved to be particularly sensitive to the growing demands for judicial protection from individuals who feel their political rights guaranteed by the Constitution have been infringed.
The Constitutional Court's ruling was prompted by the Tribunal of Rome, complaining of the prejudice to the applicants' ability to stand and take part in the election caused by the high minimum number of subscriptions to be collected in order to submit lists of candidates for the election of the Chamber of Deputies (under Article 18-bis, c. 1 of the Chamber of Deputies Consolidated Act) and by the limited number of persons exempt from the corresponding obligation (Article 18-bis, paragraph 2 of the Chamber of Deputies Consolidated Act). The judges of the Constitutional Court declared unfounded the questions of constitutional legitimacy of art. 18-bis, paragraph 1, of the Presidential Decree no. 361 of 1957, in reference to Articles 1, paragraph 2, 3, 48, paragraph 2, 51, paragraph 1, and 117, paragraph 1, of the Constitution, the latter in relation to art. 3 Additional Protocol ECHR.
(Comment by Edin Skrebo)