From this morning, on the Luigi Einaudi Foundation website are published the plaintiffs’ memorandums filed with the Italian Constitutional Court for the interlocutory judgment about the issues raised by the Court of Messina and Turin concerning the new electoral law.
The plaintiffs’ document, moving from several preliminary observations on electoral laws, popular sovereignty, right to vote, its flaws and qualities (pages 4-12):
- Argues the existence of the conditions for action concerning the plaintiffs’ interest in bringing the proceeding, as well as the eligibility and relevance of the matters raised (12-28);
- Shows six potential threats to constitutional rights, assessed as legally relevant by the referring judge (38-67). Specifically: C.1. Territorial representation; C2. Democratic representation; C.3: front runners and multi-candidacies; C4: entry thresholds to the Senate; C5. Applicability of the Italicum.
- Envisages a motion of preliminary referral in relation to the first plea, concerning the non-constitutional nature of the legislative procedure laid out in law n. 52/2015;
- Lastly, it concludes with a final reflection on the ontological mutation of the form of the State through an improper use of the law.