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Italian Constitutional Court (Corte costituzionale italiana), No. 110/2015, 15 June 2015

Type Judgment
Case number 110/2015


Election of the Members of the European Parliament due to Italy.

Normative references

Art. 1, par. 2 Constitution 
Art. 3, Constitution
Art. 48, Constitution
Art. 21, par. 1, Act No. 18, 24/01/1979


1. The mere reference to the interest in ascertaining the fullness of the right to vote in respect of future elections to the European Parliament, without any other indication, cannot be regarded as sufficient or plausible grounds for the existence of an interest in bringing proceedings, suitable for the purposes of the admissibility of an action for constitutional legitimacy. The contested provision, unlike the hypothesis of elections to the national parliament, does not create any free zone exempt from constitutional review. It follows that electoral events relating to the election of Italian members of the European Parliament may be subject to ordinary judicial remedies, in the context of which any assessment relating to the protection of the right to vote may be carried out, as well as an incidental question of the constitutionality of the rules governing it.
(The question of the constitutionality of Article 21, first paragraph, numbers 1-bis) and 2) of Law no. 18 of 24 January 1979, challenged with reference to Articles 1, second paragraph, 3 and 48 of the Constitution, is inadmissible for lack of motivation as to its relevance, in the part in which it provides, for the election of the members of the European Parliament pertaining to Italy, a barrier for lists that have not obtained at least four per cent of the valid votes cast nationwide).