di Emanuele Rossi
The work analyzes the current electoral system, following sent. no. 35/2017 of the Constitutional Court, with specific reference to the criteria in place for the election of the candidates within the lists: it is considered in particular, on this aspect, the precedent established by sent. no. 1/2014, noting the substantial continuity with it. It is also analyzed the impact of the decision of the Court (with specific regard to the elimination of the runoff) on the balance between candidates elected in a closed list (through the mechanism of “list-headers”) and candidates elected in open lists with preference vote, assessing the extent to which the maintenance of the possibility of being candidate in more than one constituency affects this balance. In this framework, some critical remarks on the current system are made from the point of view of parliamentary representation and – more generally – on the political legitimacy of MPs.