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Italian Constitutional Court (Corte costituzionale italiana), No. 10/2020, 31 January 2020

Type Judgment
Case number 10/2020


Unconstitutionality of the rule that does not provide for the de jure suspension of the effects of the approved referendum.

Normative references

Art. 3, Prot. 1, ECHR
Art. 37, par. 3, Act No. 352/1970


1. In the judgment of admissibility of the referendum abrogative of certain provisions of the laws for the election of the Chamber of Deputies and the Senate of the Republic (respectively, Presidential Decree No. 361 of 30 March 1957 and Legislative Decree No. 533 of 1993, No. 533), Law No. 51 of 2019, and Law No. 165 of 2017, the objection of constitutional unlawfulness, for lack of relevance, raised by the five promoting Regional Councils with reference to Article 37, third paragraph, second sentence, of Law No. 352 of 1970 (in so far as it does not provide for the de jure suspension of the effects of the approved referendum, conditional on the adoption of the measures implementing the resulting legislation) is declared manifestly inadmissible. (By order of 20 November 2019, the Central Referendum Office, constituted at the Court of Cassation, declared the request for a popular abrogative referendum, promoted by the Regional Councils of the Regions of Abruzzo, Basilicata, Friuli-Venezia Giulia, Liguria, Lombardy, Piedmont, Sardinia and Veneto, to be in conformity with the provisions of the law).