1. The legislature, in regulating the requirements for access to and retention of posts involving the exercise of public functions, may well seek to strike a balance between the right to stand for election, on the one hand, and the objective protection of good conduct and legality in public administration, on the other.
2. The question of constitutional legitimacy, raised by the Court of Lecce with reference to articles 1, paragraph 2, 3, 48 and 51, paragraph 1, of the Constitution, of art. 11, paragraph 1, lett. a), of the legislative decree n. 235 of 2012, which provides for the automatic suspension from office of local administrators who, regardless of the time of conviction, have been condemned in a non definitive way for certain serious crimes or in any case crimes against the public administration, is declared unfounded. The provision in question constitutes a non-unreasonable precautionary measure designed to prevent those who have been convicted, even if not definitively, of certain serious offences or offences against the public administration from holding administrative posts, thereby jeopardising the smooth running of the administration itself and its honour.
(The ordinary Court of Lecce has raised a question of constitutional legitimacy of art. 11, paragraph 1, letter a), of the legislative decree of 31 December 2012, n. 235 (Testo unico delle disposizioni in materia di incandidabilità e di divieto di ricoprire carzioni elettive e di Governo conseguenti a sentenze definitiva di convzione per del delitti non culosi, a norma dell'articolo 1, comma 63, della legge 6 novembre 2012, n. 190), in reference to art. 1, second paragraph, 2, 3, 48 and 51, first paragraph, of the Constitution).
