Constitutional scholars warn new electoral law may not survive court challenge
Italy's electoral reform returned to the Chamber of Deputies for its final parliamentary stage, facing strong criticism from constitutional experts who say the text risks being struck down by the Constitutional Court. The bill, which would replace the current Rosatellum system, arrived at Montecitorio after Senate approval for its third reading, with a final vote expected in the week of 5 October.
Three law professors testifying before the Constitutional Affairs Committee raised objections on preferences, gender balance, and signature requirements — matters that directly affect how Italians will cast their ballots in future elections.
Preferences: "A significant step backward"
Constitutional law professor Michele Ainis told lawmakers that the preference system introduced by the Senate represents a regression. Under the revised text, voters can express up to three preferences from a list of six candidates, with gender alternation required from the second name onward. However, the party leader remains locked in first place.
According to Ainis, this mechanism means preferences will determine only 5% to 10% of representation, because only larger parties will elect candidates beyond the locked-in leaders. Smaller parties will see most of their winning candidates chosen by party leadership rather than voters — undermining the democratic intent of voter choice.
Gender parity "suppressed"
Professor Gaetano Azzariti of Sapienza University of Rome added a constitutional objection on gender representation. The law, he said, suppresses gender balance in the composition of blocked list leaders, and this cannot be compensated by the preference system. Medium and small parties, he argued, will see gender parity "denied" in practice.
Azzariti called it a "high-risk unconstitutionality law", predicting that the Constitutional Court will have the final word.
Giuseppe Benedetto, president of the Luigi Einaudi Foundation, agreed that both the signature requirements and gender provisions damage the law's legitimacy.
Signature requirement called "hidden threshold"
Ainis also criticized the increase in signatures required for parties not already represented in Parliament. The bill raises the minimum from 1,500 to 6,000 signatures per constituency, which would mean collecting hundreds of thousands of signatures nationwide.
The scholar said that would be acceptable only if online signature collection were permitted. As it stands, he said, the rule introduces a hidden electoral threshold that blocks new political forces from competing — especially affecting grassroots and emerging movements.
Opposition prepares legal battle
The opposition parties signaled they will fight the law to the end. Simona Bonafè of the Democratic Party (PD) said the hearings confirmed that strong doubts of unconstitutionality remain.
Filiberto Zaratti of the Green and Left Alliance (AVS) warned that if the Constitutional Court cannot strike down the entire law, Italians might end up with a pure proportional voting system — which he called a political failure for the right.
Michele Boldrin, national secretary of the ORA! party, announced that legal challenges would be filed in courts starting next week.
Majority defends the reform
Senate President Ignazio La Russa of Brothers of Italy (FdI) rejected the criticism. He said the left wants a tie so it can govern without winning, while the new law aims to let whoever has one more vote than the other take office.
Prime Minister Giorgia Meloni has announced she will call a vote of confidence on the bill. This parliamentary maneuver limits the possible votes to a single secret ballot on final passage — a vote that, if lost, could end the legislature immediately.
What the reform does
The bill, informally called Stabilicum, introduces an entirely proportional system corrected by a majority bonus. Key provisions include:
• A 42% threshold for the majority bonus, which awards 70 additional deputies and 35 additional senators to the winning coalition, up to a maximum of 220 deputies and 113 senators.
• Same thresholds as current law for entering Parliament: 3% for single lists, 10% for coalitions.
• No runoff vote between the top two coalitions.
• New signature requirements: Parties not in Parliament must collect 6,000 signatures per constituency; those with at least two parliamentary groups formed by 31 December 2025 are exempt.
• Vote from temporary residence: Italians can vote where they have been temporarily resident for at least nine months if they register at least 45 days before the election.
The reform now proceeds through committee before reaching the floor, expected by late September, with final approval likely in early October.
