The Court of Cassation has ruled in favor of Alternativa Popolare, allowing the party to participate in the European elections. The decision came after an appeal by Stefano Bandecchi, who argued that his party had been unfairly excluded from the central constituency by the Court of Appeal of Rome. However, a different outcome was reached by the Court of Appeal of Naples, which admitted AP’s list.
The court explained that Alternativa Popolare met the requirement for being affiliated with a European political party that is constituted as a parliamentary group in the European Parliament in the current legislature at the time of convening the electoral rallies. As such, it must be allowed to participate in the election of members of the European Parliament representing Italy.
The court also noted that there are two plausible hermeneutic options regarding exemption requirements and that it chose to prioritize the second option, which is more consistent with constitutional principles and previous interpretations. This decision was made based on the need for stability in electoral law to ensure the integrity and credibility of electoral processes.
Overall, this ruling marks a victory for Alternativa Popolare and its supporters, who have long fought for their right to participate in Italian politics. It also highlights the importance of upholding constitutional principles and maintaining stability in electoral law to ensure fair and democratic elections.
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