Italian Republic: Judgment of the Constitutional Court of the Italian Republic of 25 January 2017 on the Italicum, ref. no. 48b/2015 Cover Image

Republika Włoska: wyrok Sądu Konstytucyjnego Republiki Włoskiej z 25 stycznia 2017 r. w sprawie italicum, sygn. 48b/2015
Italian Republic: Judgment of the Constitutional Court of the Italian Republic of 25 January 2017 on the Italicum, ref. no. 48b/2015

Author(s): Marcin Rulka
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: election; electoral system; majority bonus

Summary/Abstract: On 6 May 2015, the Act No. 52 was passed. It introduced important changes in the method of electingthe composition of the Italian Chamber of Deputies. The most important of them consisted ina change in the construction of the majority bonus, as it was not enough to obtain the largest numberof votes to receive extra seats. An additional requirement was imposed according to which bonusseats will be granted only to a grouping which reaches at least 40% of valid votes. In the judgmentof 25 January 2017 (Ref. No. 48b/2015) the Constitutional Court of the Italian Republic found the unconstitutionality of the majority bonus. One of the main objections of the Court was to seek theauthors of the challenged legal regulation to create each time a parliamentary majority capable offorming a stable government, at the expense of a high imbalance in the final allocation of seats in theChamber of Deputies, which violates Article 48 para. 2 of the Constitution of the Italian Republic.

  • Issue Year: 2018
  • Issue No: 144
  • Page Range: 239-250
  • Page Count: 12
  • Language: Polish
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