Eguaglianza «in sussidiarietà»: la Corte supplisce al legislatore. La sottoscrizione digitale delle liste elettorali e l’inclusione dell’elettore non in grado di apporre firma autografa. Commento a Corte cost., sent. 3/2025

EQUALITY IN SUBSIDIARITY: THE CONSTITUTIONAL COURT REPLACES THE PARLIAMENT. With judgement 3/2025, the Italian Constitutional Court declared illegitimate articles 9, co. 3, of law no. 108 of 17 February 1968 and 2, co. 6, of legislative decree no. 82 of 7 March 2005, insofar as they do not provide that voters who are physically unable to sign by hand may use an electronic signature to endorse the lists of candidates in regional elections. The judgement, anticipating the national legislative action, offers a valuable opportunity to reflect on the straight application of constitutional principles, on the obsolescence of the electoral legislation of our legal system and on the role of subsidiary «regulator» that the Constitutional Judge exercises, also in this case, to make up for the backwardness of the legislation.