Italian Constitutional Court (Corte costituzionale italiana), No. 243/2016, 22 November 2016

Regional elective offices.

Art. 117, par. 1, Constitution
Art. 3, Prot. 1, ECHR
Art. 1, par. 1, Law of the Region of Calabria n. 19/2014
Art. 1, par. 2, Regional Law of Calabria n. 1/2005

1. The question of constitutional legitimacy - for violation of Article 123 of the Constitution, in relation to Article 18 of the Regional Statute - of Article 1, paragraph 1(a), of Calabria Regional Law No. 19 of 2014, for the part in which it removes the reference to the whole of Article 5, paragraph 1, of Constitutional Law No. 1 of 1999, instead of only to the last sentence of paragraph 1 of that article, is upheld, the further complaint referring to Article 117, first paragraph, of the Constitution, in relation to Article 3 of the First Additional Protocol to the ECHR, remains absorbed, in relation to Article 3 of the First Additional Protocol to the ECHR.
(The Constitutional Court declares the constitutional unlawfulness of Article 1 of the law of the Region of Calabria of 12 September 2014, No. 19, Rules for the election of the President of the Regional Council and of the Regional Council, in so far as it eliminates the reference to the entire Article. 5, paragraph 1, of Constitutional Law No 1 of 22 November 1999 (Provisions concerning the direct election of the President of the Regional Council and the statutory autonomy of the Regions), instead of only to the last sentence of paragraph 1 of that article).