Italian Constitutional Court, No. 150/2026, 10 June 2026

The Allocation of Administrative Jurisdiction and the Specific Nature of the Exclusion of Extraordinary Appeals to the President of the Republic in the Autonomous Province of Bolzano (Article 7(3) of Presidential Decree No. 426/1984): the Protection of Linguistic Minorities under Article 6 of the Constitution and the Guarantee of the Parity-Based Composition of the Local Administrative Court

Article 7, third paragrafh, of Presidential Decree No. 426 of 6 April 1984

Articles 3, 5, 6, 24 and 87 of the Italian Constitution

 

1. The exclusion of extraordinary appeals to the President of the Republic, provided for by Article 7(3) of Presidential Decree No. 426/1984 in matters falling within the jurisdiction of the Autonomous Section of Bolzano of the Autonomous Province of Bolzano, serves to protect linguistic minorities under Article 6 of the Constitution and the guarantees afforded by the special autonomy.

2. The protection of linguistic minorities, as an expression of the pluralism enshrined in Article 6 of the Constitution, requires disputes to be adjudicated by the local court in the special parity-based composition provided for by the Special Statute.

3. The guarantee of parity-based composition provided for by Articles 90, 91 and 93 of the Special Statute cannot be left to the procedural choices of the parties, since the protection of linguistic minorities must be ensured on a general basis.