Green light for the election day of 20 and 21 September . The green light comes from the Constitutional Court which declared inadmissible the 4 conflicts of attribution that had been raised on the cut of the parliamentarians and on the related referendum and on the combination of the consultation with the elections for the renewal of seven regional councils. The conflicts were proposed by the Promoting Committee for the no, the Basilicata Region, Senator Gregorio De Falco (Mixed Group) and + Europe
The order of the Council will be filed on Thursday, declaring the 4 conflicts inadmissible. Meanwhile, in a long note, the press office anticipates the reasons for the decision. The Court has declared inadmissible (rapporteur Giuliano Amato) the conflict raised by the committee promoting the referendum on the "cut of parliamentarians" on the combination of the two votes, because the Committee does not it has subjective legitimacy to raise this conflict given that the Constitution does not assign it a general function of protecting the best exercise of the right to vote by the entire electoral body. As regards the appeal of the Basilicata Region (rapporteur Giovanni Amoroso), the Court declared inadmissibility, because in line with its own jurisprudence, it has in fact excluded the subjective legitimacy of local authorities, in general, and of the Region, in particular, because they are not the power of the State pursuant to Article 134 of the Constitution.
As for the appeal presented by Senator De Falco against the Senate, the Government and the President of the Republic , the Constitutional Court (rapporteur Nicolò Zanon) held that it exposed, in a confused and incoherent way, criticisms of the electoral law, constitutional reform, '' unification of the consultations, the use of the law decrees and, finally, the procedure for converting them into law, superimposing distinct juridical-constitutional arguments. Furthermore, while supporting the violation of multiple constitutional principles inherent in both the legislative procedure and that of constitutional revision, the appeal did not clarify which constitutional powers of the individual parliamentarian were actually harmed during these proceedings.
Therefore it was found inadmissible. With the conflict promoted by the + Europe Association, in its capacity as a political party, the provision (contained in Legislative Decree No. 26 of 2020) was contested in particular, which reduces the minimum number of subscriptions required to present lists and candidacies in the regional elections. According to + Europa, by failing to provide for an exception to the obligation to collect subscriptions in favor of parties already present in Parliament, the legislator would have infringed its constitutional powers as a political party. The inadmissibility of the conflict (rapporteur Daria De Pretis) derives from the applicant's lack of legitimacy on the basis of constant constitutional jurisprudence which denies political parties the nature of state power.