Wikiversity Law Reports/Sentenza Corte Costituzionale n. 120/2014 (Insindacabilità Interna Corporis Acta)

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Sentenza Corte Costituzionale n. 120/2014

(Insindacabilità Interna Corporis Acta)
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Palazzo Madama, seat of the Senate of Italy.

Summary

Cases of autodichia cannot be brought before a Court by means of a judicial review.

Court

Background

An employee of the Senate appealed to the Court of Cassation, pursuant to art. 111 of the Constitution, against a regulation of Parliament, in particular of the Senate guarantee council, in the context of a judgment of compliance relating to a work case. The Court of Cassation raised a question of constitutional legitimacy of art. 12 of the Rule of the Senate, where it attributes to the Senate the power to judge exclusively and definitively appeals against the acts and measures adopted by the administration of that branch of Parliament against their employees.

Held

  • The Court reiterates, as in its previous judgment no.154/1985, that parliamentary regulations and Parliamentary acts (Interna corporis acta) cannot be reviewed, because they are not included in the acts subject to judicial review pursuant to art. 134 of the Constitution, but they are a constitutional source in itself, to implement the particular autonomy of Constitutional organs.
  • So the exercise of judicial powers by domestic authority (without using external courts), in Italian Constitutional organs, continues.

Notes