Constitutional Court Upholds Repeal of Abuse of Office Crime
The Italian Constitutional Court has affirmed the legality of repealing the crime of abuse of office, clarifying that this decision falls within the purview of legislative discretion and does not violate constitutional principles or international agreements. This ruling, initially delivered on May 8th and further detailed in a recent statement, addresses concerns regarding potential gaps in criminal protection against misconduct by public officials.
Legislative prerogative and Judicial Review
The core of the Court’s decision rests on the principle that the existence – or absence – of specific criminal offenses is fundamentally a matter of political choice for the legislature. The Court explicitly stated that evaluating the “desirability” of maintaining a criminal penalty for abuse of office is beyond the scope of judicial review, provided it aligns with broader constitutional and international legal frameworks. This signifies a clear demarcation between