Italian Constitutional Court (Corte costituzionale italiana), No. 62/2022, 10 March 2022

Municipal elections and gender equality.

Art. 3, par. 2, Constitution 
Art. 51, par. 1, Constitution
Art. 71, paragraph 3, Legislative Decree No. 267/2000
Art. 30, lett. d) bis, d. P. R. n. 570/1960
Art. 30, lett.e), d. P. R. No 570/1960

1. In this case, the combined provisions of Article 71, paragraph 3 bis, of the Consolidated Law on Local Authorities and Article 30, paragraph 1, letter d) bis and e) of the Consolidated Law on the Composition and Election of the Bodies of Municipal Administrations were declared unconstitutionally illegitimate, for violation of Article 3, paragraph 2, and Article 51, paragraph 1, of the Constitution, insofar as they do not provide for the exclusion of lists that do not ensure the representation of both sexes in municipalities with a population of less than five thousand inhabitants.

2. The remedy of exclusion from the electoral competition of the list is necessary to ensure the constitutional precept of promoting equal opportunities between women and men in access to elected office, as well as to protect the principle of substantive equality and a correct balancing of the interest in rebalancing representation with that of representativeness.
(The Constitutional Court, following an order of referral by the Council of State, Third Section, declared unconstitutional the failure to provide, for municipalities with less than five thousand inhabitants, for the exclusion of the electoral list that does not present candidates of both sexes).