La sentenza n. 240 del 2021 della Corte costituzionale: riflessioni su un overruling in attesa di un necessario (e delicato) intervento del legislatore

With judgment no. 240/2021 the Constitutional Court returns to the controversial issue of the appointment of the Metropolitan Mayor and, more broadly, of the electivity of Metropolitan Cities and Provinces. After giving an overview of the reform carried out by Law no. 56/2014, this essay aims at focusing on the consequences of the overruling established by the Constitutional Court. Despite the decision of inadmissibility, the constitutional judges issue a strong warning to the Chambers, which requires to reflect on the most suitable electoral system for Metropolitan Cities in order to remedy the illegitimacy highlighted and on the possibility for the Constitutional Court to intervene in case of persistent inactivity of the Parliament.