After the 2022 elections, the former secretary of the Radicals, Mario Staderini, along with several Italian citizens, filed a lawsuit against the Italian government for the current electoral law, known as Rosatellum, which led to the formation of the current government. The electoral law was modified just before the elections to introduce a mixed voting system that assigns 36% of the seats in each chamber through a majority system and the remainder proportionally. However, the law does not allow for split voting, meaning voters cannot express their preference for a different list or coalition from the majority. Additionally, if a voter only votes for the majority candidate, their vote is automatically assigned to the corresponding list or coalition in the proportional system. The plaintiffs argue that this voting method has distorted the will of the people with regard to the choice of the legislative body.
On February 1st, the lawsuit was declared admissible, but the news has only recently come to light. In the Cedu document, excerpts of which were reported by the LaPresse agency, it states that recent laws passed shortly before the 2022 legislative elections have undermined the respect and confidence of the plaintiffs in the existence of free elections, violating a right enshrined in protocol number 1, article 3. By prohibiting voters from choosing a different list or coalition in the proportional system and automatically reallocating votes in the majority system to the corresponding list or coalition in the proportional system, the law infringes on the right of the plaintiffs to freely express their opinion on the choice of the legislative body in free elections, according to protocol number 1, article 3. The Italian government will now have to present its defense.
In the past 20 years, changes in electoral laws close to voting time have raised concerns about the manipulation of electoral systems to favor those in power and the perceived ineffectiveness of the voter’s choice. Staderini expresses disappointment with laws such as Porcellum and Rosatellum, which have been deemed unconstitutional and instated shortly before elections. He emphasizes the importance of ensuring that every vote counts and that the democratic process is upheld. Bultrini, a professor of international law at the University of Florence representing the plaintiffs, notes that the lawsuit was communicated to the government a year after its introduction, indicating a prioritized examination by the court based on its “Priority Policy.”
The lawsuit aims to hold the Italian government accountable for violations of democratic principles and the right to free and fair elections. By challenging the legality of the Rosatellum electoral law and the restrictions it places on voters, the plaintiffs seek to ensure that future elections are conducted in a transparent and equitable manner. The involvement of citizens in this campaign for democracy and justice highlights the importance of civic engagement and activism in safeguarding democratic values. The outcome of this legal battle could have significant implications for the electoral process in Italy and set a precedent for upholding the rights of voters in free and fair elections.
