Electoral law, appeals start: first hearing on 16 December

Twenty-five appeals against the electoral law, desired by the center-right and which has just come into force, were presented yesterday in as many sections of the Court of Appeal of various Italian courts. No sooner said than done: the "Network for a free and equal vote" which brings together constitutionalists, lawyers and various associations made the announcement in a press conference in the Senate with Roberto Zaccaria, Enrico Grosso and the lawyer Pietro Adami.

But the news is that a first hearing has already been scheduled for December 16th, at the Court of Trento. And this means that the ruling from the Constitutional Court could arrive shortly, by January 2027.

As is known, the cornerstones of the Melonellum are in the sights of the appellants, i.e. the majority bonus over 42% of the votes and the indication of the name of the candidate for prime minister at the time of filing the lists and marks, under penalty of inadmissibility. A combined provision that would constitute a de facto premiership, and therefore a change in the form of government without going through an amendment to the Constitution. But above all the question of obligatory nature is in the spotlight: «A political formation can legitimately participate in elections to represent certain interests, support specific legislative proposals or perform an opposition function, without necessarily aspiring to represent the Prime Minister», is the thesis.

And it is precisely on this aspect, rather than on the majority prize itself which many opposition representatives believe to be legitimate, that the residual hopes of those in the Democratic Party who would like to avoid the coalition primaries to choose the prime minister are concentrated. «If the obligation falls - is the reasoning - we can present ourselves as a coalition but without indicating the "boss", with the motivation that we are against the introduction of the premiership surreptitiously".

As for who to send on TV to compete with Giorgia Meloni is a different matter. For the rest, there are eight points in total disputed: from the blocked list leaders to multiple candidatures, from the pre-compiled "lists" of 70 deputies and 35 senators who go with the prize to the national prize also for the Senate, from the lack of gender quotas for the list leaders to the increase in signatures to present a new party. At least on these last two points, gender quotas and increase in signatures, an intervention by the Court is taken for granted by the most accredited constitutionalists.