Constitutional Court Rejects Campania’s Attempt to Circumvent Term limits

In a significant ruling, italy’s Constitutional Court has declared unconstitutional teh recent modification to Campania’s electoral law. This alteration would have perhaps allowed the current Regional President, Vincenzo De Luca, to seek a third consecutive term in office.The court’s decision effectively blocks this possibility, reaffirming the national mandate limits established in 2004.

The Contentious Amendment: A Loophole Attempted

the Campania region, currently governed by a center-left coalition, had adjusted its electoral laws last November. The change aimed to implement the two-term limit stipulated by national legislation passed two decades ago. However, the regional law included a clause stating that the calculation of mandates would begin from the law’s enactment date. This provision was widely interpreted as a maneuver to exclude De Luca’s initial term (2014-2020) from the term limit calculation, paving the way for his potential third term bid.

It is not instantly re-elected to the office of President of the Regional Council who, at the end of the second term, has already covered this position uninterruptedly for two consecutive mandates. For the purposes of applying this provision, the calculation of the mandates starts from the one in progress on the date of entry into force of this law.

This attempt to redefine the start date for term limit calculations sparked considerable controversy, notably within the Democratic Party, where party secretary Elly Schlein had voiced opposition to circumventing the established term limits.The upcoming regional elections in Campania,though unscheduled,are now set to proceed without De Luca as a potential candidate for a third consecutive term.

Constitutional Clash: National Law Prevails

The Constitutional Court’s ruling hinged on the principle that the Campania region’s amendment violated Article 122 of the Italian Constitution. This article dictates that while regions have autonomy in setting electoral rules, they must adhere to the fundamental principles established by national law, including term limits for elected officials. The court emphasized that the amendment effectively nullified the national legislator’s intent to prevent consecutive third terms.

The modification to the electoral law… made the fundamental principle of the ban on the third consecutive mandate placed by the state legislator with the law of 2004 for the next electoral round.

This decision underscores the supremacy of national law in setting the boundaries for regional electoral regulations. The ruling is binding on all Italian regions with ordinary statutes,excluding those with special autonomous status such as Valle d’Aosta,Trentino-Alto Adige,Friuli-Venezia Giulia,Sardinia,and Sicily.

Government’s Challenge Upheld

The Constitutional Court’s verdict aligns with the Meloni government’s position, which had challenged the Campania electoral law in January. This outcome reinforces the government’s commitment to upholding national legal standards across all regions.

De Luca’s Response: Criticism and Defiance

In response to the court’s decision, President De Luca expressed strong criticism on social media, accusing the court of accepting a bizarre thesis. He further stated that the ruling would necessitate a re-evaluation of the principle that the law is the same for everyone within the country’s judicial system.