The ban on a third consecutive term: a question of constitutional principle

The principle of the prohibition of third mandates

The ban on a third consecutive term for the presidents of the Regional Councils was recently reaffirmed by the Constitutional Court, which defined this rule as a “fundamental principle of electoral matters”. This principle, enshrined in Article 122 of the Constitution, represents a crucial element to guarantee stability and rotation in public offices.

The ruling issued on April 9 declared unconstitutional the Campania Region law that allowed President Vincenzo De Luca to run for re-election, highlighting how the ban is not just a matter of political opportunity, but a legal necessity.

The reasons of the Constitutional Court

The Court emphasized that the ban on re-candidacy is an expression of the legislator's discretion, aimed at balancing conflicting principles and acting as a "systemic temper" with respect to the direct election of the president. This means that the state legislator has the power to establish clear and binding rules for passive electorate, without individual regions being able to derogate from these rules. The Constitutional Court clarified that the ban is immediately effective for ordinary statute regions and does not require further regional legislation to be applied.

Implications for ordinary regions

The Court also stated that the notion of form of government does not include electoral matters in a broad sense, which implies that limitations on the right to stand for election must be respected. This fundamental principle cannot be conditioned by its reception in regional laws, but must be applied directly. Regions that have modified their electoral laws after the entry into force of Law No. 1 must abide by this prohibition, under penalty of their provisions being unconstitutional.

The Campania case and its consequences

In the specific case of Campania, the third-term ban became operational with the entry into force of the regional electoral law. This law not only does not provide for exceptions to the ban, but explicitly refers to other state or regional provisions that are compatible. The Court therefore highlighted the importance of respecting the principle of the ban, which is now an integral part of the legal system of ordinary regions. The ruling represents an important step towards the protection of democracy and transparency in regional elections, ensuring that citizens can benefit from a change in political leadership.