The delay by the Italian Parliament in joint session in the election of a new constitutional judge, in place of a judge whose mandate ended on November 12, 2023, violates the constitutional obligation of replacement within a month. If this delay were to extend until December 2024, it would cause severe consequences for the functioning of the Constitutional Court; indeed, there could be the risk of institutional deadlock if the problem is not resolved promptly. The importance of avoiding partisan drifts in the election of judges is emphasized in the work, in line with the principle of constitutional democracy. Among the solutions de iure condito, in order to expedite the election, the all-out convocation of the Parliament in joint session with mandatory continuous voting is suggested
Una questione (anche) di tempi: la Corte costituzionale italiana e i suoi organi eligenti (fine 2023 - inizio 2024)
Ugo Adamo
2024-01-01
Abstract
The delay by the Italian Parliament in joint session in the election of a new constitutional judge, in place of a judge whose mandate ended on November 12, 2023, violates the constitutional obligation of replacement within a month. If this delay were to extend until December 2024, it would cause severe consequences for the functioning of the Constitutional Court; indeed, there could be the risk of institutional deadlock if the problem is not resolved promptly. The importance of avoiding partisan drifts in the election of judges is emphasized in the work, in line with the principle of constitutional democracy. Among the solutions de iure condito, in order to expedite the election, the all-out convocation of the Parliament in joint session with mandatory continuous voting is suggestedI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
