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Italian Constitutional Court (Corte costituzionale italiana), No. 1/2014, 13 January 2014

Abstract

Electoral act and majority prize.

Normative references

Art. 1, paragraph 2, Constitution
Art. 3, Constitution 
Art. 67, Constitution 
Act No. 270/2014

Ruling

1. The Constitution does not impose a particular electoral system, therefore not even a proportional system, but it does impose that there be a balancing of constitutionally protected interests for the purposes of the formation of the parliamentary body and above all that there be a proportion between the means chosen and the objectives pursued.

2. The purpose of facilitating the formation of a parliamentary majority is a constitutionally legitimate objective. The defect found lies, however, in the disproportion between the choice of adopting a proportional-based system and the extent of the distortion achieved by the majority twist determined by the prize. A prize awarded without a minimum threshold, in short, overturns the ratio of the electoral formula based on proportionality chosen by the legislator of 2005.
(In December 2013, the I civil section of the Court of Cassation, with the remittance order 12060/2013, raised the question of constitutionality of Law No. 270/2005).