Adnkronos Rome, May 15 (Adnkronos) – "Article 122 of the Constitution establishes that the regional electoral law must respect the fundamental principles of state law, which in turn indicates among these the limit of two mandates for the presidents of regions with ordinary statutes. It is the so-called interposed norm, which if violated triggers constitutional illegitimacy". This is how the president emeritus of the Constitutional Court Cesare Mirabelli comments to Adnkronos on the reasons filed today by the Court on the third mandate.
Does the ruling therefore open the door to the possibility of challenging any statutory laws (of the special statute regions) that might want to introduce the third mandate? "Certainly they can be challenged, but I cannot predict the outcome of the judgment - he replies - From my point of view, the limit on mandates should be generalized, not tied to territories, by virtue of a need for homogeneity of provisions in electoral laws, therefore it should also be extended to the special statute regions". So much so that "even if it could have avoided it, the Court has even extended the principle of the limit to other public offices".
But could the state law be changed by introducing the possibility of a third term? "Yes, because the third term is tied to political discretion, which however can be reviewed by the Court if unreasonable. Because reasonableness - he underlines - is the point of balance of the limit to the terms identified by the Court, considered by the constitutional judges to be a relevant and necessary element for democracy itself". The president emeritus concludes: "I say: be careful with presidentialisms. Let's not make a democratic president for life, there is already more than one around... The law requires turnover in the institutions, essential to not alter political representation and equal conditions in the electoral competition. Where to place the bar, if reasonably set, is up to the legislator to decide". (by Roberta Lanzara)