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Italian Constitutional Court (Corte costituzionale italiana), No. 61/2022, 10 March 2022

Date
10/03/2022
Type Judgment
Case number 61/2022

Abstract

Certainty and stability of legal relations in electoral matters.

Normative references

Art. 3, Costitution
Art. 3, par. 1, Law of the Region of Sicily No. 6, 03/03/2020 

Ruling

1. The need to safeguard the legitimate expectations of the addressees of the original regulation and the principle of certainty and stability of legal relationships arises, with particular clarity, in relation to retroactive interventions in electoral matters, in which trust and stability of legal relationships are placed to protect rights and assets of particular constitutional importance, such as the inviolable right to vote under Article 51 of the Constitution, an essential aspect of citizens' participation in democratic life, and the same right to vote exercised pursuant to Article 48 of the Constitution, a right that plays a decisive function in the constitutional order, inasmuch as its essential feature is its connection to an interest of the social body as a whole.
(It is declared constitutionally illegitimate, for violation of Article 3 of the Constitution Article 3 of Sicilian Regional Law no. 6 of 2020, which, qualifying as a rule of authentic interpretation of Article 4, paragraph 6, of Sicilian Regional Law no. 35 of 1997, provides that in order to award the majority prize to the list or group of lists linked to the mayor elected in municipalities with a population of more than 15. 000 inhabitants, in cases where the percentage of 60% of seats does not correspond to a whole number but to a decimal quotient, rounding is rounded upwards in the case of a decimal equal to or greater than 50 hundredths and downwards in the case of a decimal of less than 50 hundredths).