On February 13, 2024, after extensive negotiations and 14 voting rounds, the Italian Parliament successfully appointed four new judges to the Constitutional Court, restoring its full complement of justices for the first time since November 2023. The newly elected judges, Francesco Saverio Marini, Massimo Luciani, Maria Alessandra Sandulli, and Roberto Cassinelli, were chosen through a complicated agreement among major political parties, reflecting the importance of bipartisan cooperation in Italy's complex judicial selection process.
The elections, held during a joint session of Parliament, proved to be both challenging and pivotal for the function of Italy's highest court. Marini received 500 votes, Luciani garnered 505, Sandulli received 502 votes, and Cassinelli closely followed with 503 votes, all surpassing the three-fifths majority threshold of 363 votes needed for election. This high-stakes decision concluded nearly 18 months of vacancies and political stalemates within the court following the expiration of the term of Judge Silvana Sciarra.
Among the new appointees, Francesco Saverio Marini emerges as a notable figure due to his prior role as legal advisor to Prime Minister Giorgia Meloni. A key architect of the proposed amendments for direct presidential elections, Marini is closely associated with the ruling Fratelli d’Italia party. His expertise and political background align with the government's vision, making him a strategic choice.
Massimo Luciani, affiliated with the Democratic Party, is another significant appointee. An esteemed legal scholar and former president of the Italian Constitutionalists Association, his election signifies trust from the opposition. His longstanding career includes notable contributions to public law and constitutional reforms, reinforcing the independence of judicial power.
Maria Alessandra Sandulli stands out as the only female appointee among the quartet. Hailing from Naples, she is recognized for her extensive academic work and legal practice specializing in administrative law. Sandulli was perceived as the 'technical' choice and received bipartisan support, overcoming previous political resistance due to her earlier candidacy for the Court. Her election signifies progressive strides toward gender representation within Italy's judicial appointments.
Representing Forza Italia, Roberto Cassinelli’s candidacy was marked by intra-party negotiations. A former parliamentarian and seasoned lawyer, Cassinelli's election reflects the party's commitment to putting forward experienced professionals capable of contributing effectively to constitutional jurisprudence. His political experience, combined with his legal acumen, complements the diverse expertise of the newly formed court.
The voting process, which lasted from 9:30 AM to around 10:00 AM, marked the culmination of efforts to restore the court's full composition after significant delays. The successful election was heralded as an achievement by various political leaders, including Giuseppe Conte, head of the Movimento 5 Stelle, who emphasized the clarity of their proposals compared to other factions.
Despite the smooth passage, the process took much longer than expected, with leaders negotiating terms and reconciling differing interests among parties to finalize their selections. Previously, the selection of judges had stalled due to disagreements over candidates, illustrating the intricacies and challenges inherent in Italy's political dynamics.
The appointment of the new judges addresses the pressing need for judicial stability, following the lengthy period without full representation on the Constitutional Court. Having seen numerous delays over 460 days, this significant transition not only fills the vacancies but also re-establishes the court's operational capacity.
Political commentators regard this outcome as not merely procedural but also significant for the balance of power within Italy's political and judicial arenas. The compromises and agreements reached demonstrate how diverse party perspectives can coalesce to achieve national governance goals.
Now, the new judges are expected to officially take office following their swearing-in ceremony at the Quirinale, led by President Sergio Mattarella. This event will formally solidify their roles within the Constitutional Court, which is tasked with upholding the constitutionality of laws and resolving conflicts between the state and regional governments.
Despite the complexity involved, the appointment of these judges may pave the way for more substantial legislative progress as Italy faces pressing reforms. Observers are hopeful this cooperative spirit might endure, influencing future political dialogues and judicial decisions.
Through the careful balancing of interests and the establishment of widely recognized professionals, the Italian Parliament has taken important steps toward enhancing the functionality of its Constitutional Court. The coming months will be telling as these justices begin to navigate the courtroom and tackle the pressing legislative challenges facing Italy today.