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Italian Constitutional Court (Corte costituzionale italiana), No. 41/2014, 10 March 2014

Date
10/03/2014
Type Judgment
Case number 41/2014

Abstract

Allocation of seats among the constituencies.

Normative references

Art. 1, Constitution
Art. 3, par. 1 Constitution
Art. 5, Constitution
Art. 56, par. 4, Constitution

Ruling

1. To have a conflict of attribution between the Region and the State, the former must complain not of any injury, but of the infringement of its own constitutional competence. Secondly, then, about the relationship between the challenged (administrative) act and the law (or an act having the force of law) of which it is the implementation, in a conflict of attribution it is not possible to challenge administrative acts for the sole purpose of asserting alleged violations of the Constitution by the law underlying the powers exercised by the challenged acts. 
(The conflict of attributions, brought by the Autonomous Region of Friuli-Venezia Giulia against the President of the Council of Ministers, against the minutes of the National Central Electoral Office at the Court of Cassation by which a certain (and disputed) number of electoral seats were assigned to a regional constituency, was declared inadmissible).