Order read at the hearing of 24 January 2024 (Judgment No. 39 of 2024)

ORDER

Having ascertained that, in the proceedings initiated by the Regional Audit Court for Molise, registered at No. 52 of the 2023 Register of Orders, the Prosecutor General of the Court of Audit, in his purported capacity as holder of a qualified interest directly related to the substantive matter of the proceedings, requested to intervene by means of a document filed on 19 May 2023;

Considering that, according to the consistent jurisprudence of this Court, only the parties to the a quo proceedings are permitted to intervene in incidental proceedings concerning constitutional legitimacy (Article 3 of the Supplementary Rules for Proceedings before the Constitutional Court), in addition to the Prime Minister and, in the case of regional law, the President of the Regional Government (ex plurimis, Judgments No. 206 of 2019, with attached Order read at the hearing of 4 June 2019 and No. 173 of 2019, with attached Order read at the hearing of 18 June 2019; Order No. 204 of 2019);

that, in incidental proceedings concerning constitutional legitimacy, the intervention of parties external to the main proceedings (Article 4 of the Supplementary Rules) is admissible only for third parties holding a qualified interest, directly and immediately related to the substantive matter of the proceedings and not merely regulated, like any other, by the provision under challenge (ex plurimis, the aforementioned Judgments No. 206 of 2019, with attached Order read at the hearing of 4 June 2019 and No. 173 of 2019, with attached Order read at the hearing of 18 June 2019; Order No. 204 of 2019).

Having found that the principles invoked in support of the admissibility of the intervention of the Prosecutor General of the Court of Audit, as affirmed in the jurisprudence of this Court in proceedings concerning conflicts of attribution between entities, reveal their extraneous nature and consequent irrelevance in the present case;

that the Prosecutor General of the Court of Audit, in this specific case, cannot be considered to hold a qualified interest sufficient to legitimize his intervention in the incidental proceedings concerning constitutional legitimacy, as established by Article 4, paragraph 3, of the Supplementary Rules for Proceedings before the Constitutional Court.

For these Reasons

THE CONSTITUTIONAL COURT

declares inadmissible the intervention of the Prosecutor General at the Court of Audit, explained in these proceedings concerning constitutional legitimacy initiated by the Regional Audit Court for Molise.

Signed: Augusto Antonio Barbera, President