Diritti politici fondamentali: la Corte spinge per ampliare ulteriormente la tutela (a margine della sent. n. 48 del 2021)

The essay examines the decision of the Constitutional Court no. 48/2021 in which no violation of the right to passive electorate was found, while the lack of a judge in disputes arising in the preparatory phase of the elections was blamed. It is highlighted the restrictive approach of the Court to the institution of "verification of powers", aimed to limiting its effects to disputes relating to the validation of the admission titles of the elected, with a correlative expansion of the protection of political rights by the ordinary judges in the pre-election disputes (in particular, with regard the issues concerning the admission of lists or candidates). Hence the need for specific procedural rules, capable of ensuring an effective and timely electoral justice.