The Court of Cassation has reversed a decision by the Court of Appeal of Rome and allowed Alternativa Popolare to participate in the European elections. The National Electoral Office at the Court of Cassation had initially rejected AP’s appeal, stating that they did not meet the requirement of being affiliated with a European political party constituted as a parliamentary group in the European Parliament during the time of the electoral rallies. However, following an appeal from Naples, AP was admitted to the election.
The Court of Cassation clarified that AP is affiliated with the EPP and has ‘EPP’ in their symbol, making them eligible to participate in the election. The National Electoral Office at ‘Palazzaccio’ explained that there are two possible interpretations regarding exemption requirements, but they prioritized the second option that aligns with constitutional principles and previous interpretations. This decision ensures stability in electoral law and preserves the integrity and credibility of electoral processes.
The Court also highlighted that it is unlikely that the legislator intended to change rules regarding exemption from subscriptions during the signature collection period. The affiliation requirement was only introduced during Legislative Decree no. 7 of 2024, and it was considered an additional requirement only for political parties or groups already represented in the European Parliament. This decision ignores political parties or groups already represented in one of the two Chambers of the Italian Parliament.
