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Italian Constitutional Court (Corte costituzionale italiana), No. 134/2018, 26 June 2018

Type Judgment
Case number 134/2018


Incompatibility with the office of regional deputy.

Normative references

Art. 3, Constitution
Art. 51, Constitution
Art. 122, Constitution
Art. 10 ter, Act of the Region of Sicily n. 29/1951
Art. 10 quater, Act of the Region of Sicily No. 29/1951


1. The question with reference to Article 5 of the Statute of the Region of Sicily is inadmissible for absolute failure to state reasons as to whether it is manifestly unfounded, while Article 122 of the Constitution is invoked without giving reasons as to why it would be applicable in a matter assigned to the competence of the Region of Sicily on the basis of its special statute. The question raised with reference to Articles 3 and 51 of the Constitution is also inadmissible because the legislative framework, taken as a tertium comparationis, on the basis of which the referring court alleges the unreasonableness of the alleged legislative lacuna, is reconstructed in a largely incomplete and erroneous manner, on the premise that the system of incompatibility of regional councillors is still characterised by strict uniform State rules. The referring court does not take into account the evolution of the rules on grounds of incompatibility of regional councillors that originated, for ordinary Regions, from the revision of Article 122 of the Constitution, nor does it adequately take into account the legislative production on the subject of Regions with a special statute. The comparison with the legislative provisions of the other special autonomies is also incomplete, because there is no reference to the legislation dictated by those with primary legislative power.
(The questions of constitutional legitimacy, raised by the Court of Palermo with reference to Articles 3, 51 and 122 of the Italian Constitution and Article 5 of the regional statute, of Articles 10 ter and 10 quater of Sicilian Regional Law no. 29 of 1951, in the part in which they are not included in the constitution, are declared inadmissible on the grounds of inadequate reconstruction of the legislative framework 29 of 1951, in so far as they do not provide for incompatibility with the office of regional deputy for a person who has been declared definitively liable for acts committed in his capacity as director or employee of the regional administration or of bodies dependent on or supervised by it and has not yet discharged the relevant debt).