The Court of Cassation has overturned the decision of 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, but after reviewing the case, it decided that AP 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.
Alternativa Popolare, an Italian political party, has been affiliated with the EPP since its founding and has included ‘EPP’ in its symbol. The National Electoral Office at ‘Palazzaccio’ justified its decision by stating that there are two plausible hermeneutic options regarding the exemption requirements. It chose to prioritize the second hermeneutic option, which is more consistent with constitutional principles and previous interpretations. This decision was made to ensure stability in electoral law and maintain the integrity and credibility of electoral processes.
The Court of Cassation also emphasized that it was unlikely that the legislator intended to change rules regarding exemption from subscriptions while collecting signatures was still pending. The affiliation requirement was introduced only during Legislative Decree no. 7 of 2024, and it was considered an additional requirement only for political parties or groups already represented in both Chambers of Italian Parliament. This decision did not take into account political parties or groups already represented in one Chamber only.
In conclusion, Alternativa Popolare has been granted permission to participate in European elections after meeting all necessary requirements for being affiliated with a European political party. This decision reaffirms the importance of maintaining stability in electoral laws and ensuring their integrity for trustworthy democratic processes.
