Suggested citation: U. Adamo, Una questione (anche) di tempi: la Corte costituzionale italiana e i suoi organi eligenti (fine 2023 – inizio 2024), lceonline (www.lceonline.eu), 1/2024, II/Rubriche (segnalazioni e commenti), p. 11 ss.
key words: composition of the Italian Constitutional Court, delay in the election, constitutional sanctions
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, it is suggested the convocation of the Parliament in joint session with mandatory continuous voting.
