ORDER NO.
YEAR 2026
ITALIAN REPUBLIC
IN THE NAME OF THE ITALIAN PEOPLE
THE CONSTITUTIONAL COURT
composed of:
President: Giovanni AMOROSO;
Judges: Francesco VIGANÒ, Luca ANTONINI, Stefano PETITTI, Angelo BUSCEMA, Emanuela NAVARRETTA, Maria Rosaria SAN GIORGIO, Filippo PATRONI GRIFFI, Marco D’ALBERTI, Giovanni PITRUZZELLA, Antonella SCIARRONE ALIBRANDI, Massimo LUCIANI, Maria Alessandra SANDULLI, Roberto Nicola CASSINELLI, Francesco Saverio MARINI,
has pronounced the following
ORDER
in the proceedings on the conflict of attribution between powers of the State arising from the resolution of the Senate of the Republic of July 30, 2025, approving the proposal of the Giunta delle elezioni e delle immunità parlamentari (Junta for Elections and Parliamentary Immunities) (Doc. IV-ter, No. 12-A), brought by the Ordinary Court of Milan, First Civil Section, sitting in a single-judge composition, by application filed with the registry on April 9, 2026, and registered under No. 2 of the register of conflicts of attribution between powers of the State for 2026, admissibility phase.
Having heard in chambers on October 5, 2026, the Judge Rapporteur Filippo Patroni Griffi;
Deliberated in chambers on October 5, 2026.
Having regard to the fact that, by application filed on April 9, 2026, registered under No. 2 of the register of conflicts of attribution between powers of the State for 2026, the Ordinary Court of Milan, First Civil Section, sitting in a single-judge composition, brought a conflict of attribution between powers of the State with reference to the resolution of July 30, 2025, of the Senate of the Republic, whereby—in approving the proposal of the Junta for Elections and Parliamentary Immunities (Doc. IV-ter, No. 12-A)—it was affirmed that the statements made by Senator Matteo Renzi in the updated edition of the book entitled "Il Mostro" constituted opinions expressed in the exercise of parliamentary functions, pursuant to Article 68, first paragraph, of the Constitution, and as such were non-actionable (insindacabili);
Whereas the applicant states that it is seized of the claim for damages brought by Dr. C. F.V.B., a magistrate serving at the Public Prosecutor's Office at the Ordinary Court of Florence, against Senator Matteo Renzi and Mondadori S.p.A. in respect of the statements made by the Senator which are the subject of the resolution of the Senate of the Republic;
Whereas the application sets out in full the statements made by Senator Matteo Renzi, which the plaintiff deems defamatory, and reports that the Senate of the Republic, by means of the resolution of July 30, 2025, which is the subject of the present conflict, held that they constituted opinions expressed in the exercise of parliamentary functions;
Whereas the Court of Milan states that this resolution prevents it "from exercising its judicial function with outcomes other than the declaration of exemption from liability due to the non-actionability of the statements made by Senator Matteo Renzi or the raising of a conflict of attribution";
Whereas, however, according to the applicant, there is no functional nexus between the statements made *extra moenia* and the exercise of parliamentary functions;
Whereas, in fact, the statements made by Senator Matteo Renzi do not correspond to any of the various opinions expressed by him *intra moenia* and referred to in the proposal of the Junta approved by the contested resolution;
Whereas the absence of a functional nexus would constitute "that disproportion between the guarantee of a parliamentarian's freedom of expression in protection of his functions and the right of third parties to bring proceedings before the judiciary which has been placed at the foundation of several judgments of the E.C.H.R." (citing the judgments of February 24, 2009, CGIL and Cofferati v. Italy; April 20, 2006, Patrono, Cascini and Stefanelli v. Italy; June 3, 2004, De Jorio v. Italy);
Whereas, therefore, the resolution of the Senate of the Republic adopted at the sitting of July 30, 2025, caused "an unlawful interference by Parliament with the attributions of the judicial authority," with the consequent necessity of bringing a conflict of attribution between powers of the State.
Considering that, by the application indicated in the heading, the Court of Milan, First Civil Section, sitting in a single-judge composition, brought a conflict of attribution between powers of the State with reference to the resolution of July 30, 2025, of the Senate of the Republic, whereby—in approving the proposal of the Junta for Elections and Parliamentary Immunities (Doc. IV-ter, No. 12-A)—it was affirmed that the statements made by Senator Matteo Renzi in the updated edition of the book entitled "Il Mostro" constituted opinions expressed in the exercise of parliamentary functions, pursuant to Article 68, first paragraph, of the Constitution, and as such were non-actionable;
Whereas, at this stage of the proceedings, this Court is called upon to deliberate, in chambers and without adversarial argument, regarding the existence of the subjective and objective requirements prescribed by Article 37, first paragraph, of Law No. 87 of March 11, 1953 (Norms on the constitution and functioning of the Constitutional Court), namely to decide whether the conflict has arisen between bodies competent to declare definitively the will of the power to which they belong and for the delimitation of the sphere of attributions determined for the aforementioned powers by constitutional rules, leaving all further questions unprejudiced, including as to admissibility;
Whereas, from the perspective of the subjective requirement, the standing of the applicant Court of Milan to bring a conflict of attribution between powers of the State must be recognized, inasmuch as it is a judicial body, in a position of constitutionally guaranteed independence, competent to declare definitively, in the exercise of the functions attributed to it, the will of the power to which it belongs (most recently, Order No. 176 of 2025);
Whereas, likewise, the passive standing of the Senate of the Republic to be a party to the present conflict must be recognized, as the body competent to declare definitively its own will regarding the application of Article 68, first paragraph, of the Constitution (most recently, again Order No. 176 of 2025);
Whereas, as regards the objective profile, the applicant complains of the infringement of its constitutionally guaranteed sphere of attributions as a consequence of an unlawful exercise—due to the absence of the relevant prerequisites—of the power vested in the Senate of the Republic to declare the non-actionability of opinions expressed by a member of that branch of Parliament, pursuant to Article 68, first paragraph, of the Constitution (most recently, again Order No. 176 of 2025);
Whereas, therefore, the subject matter of a conflict exists, the resolution of which falls within the competence of this Court;
Whereas, pursuant to Article 37, fourth paragraph, of Law No. 87 of 1953, notification of the application and of this order must also be ordered to the Chamber of Deputies, given the identity of the constitutional position of the two branches of Parliament in relation to the questions of principle to be addressed (ex plurimis, Orders No. 94 of 2026, No. 168 and No. 133 of 2025, No. 179 of 2023).
on these grounds
THE CONSTITUTIONAL COURT
1) Declares admissible, pursuant to Article 37 of Law No. 87 of March 11, 1953 (Norms on the constitution and functioning of the Constitutional Court), the application for a conflict of attribution between powers of the State indicated in the heading, brought by the Ordinary Court of Milan, First Civil Section, sitting in a single-judge composition, against the Senate of the Republic;
2) Orders:
a) that the registry of this Court shall promptly communicate this order to the Ordinary Court of Milan, First Civil Section, sitting in a single-judge composition;
b) that the application and this order shall be notified, through the care of the applicant, to the Senate of the Republic, in the person of its President, and to the Chamber of Deputies, within the term of sixty days from the communication referred to in point a), to be subsequently filed, with proof of notification having taken place, in the registry of this Court within the term of thirty days provided for by Article 26, paragraph 3, of the Supplementary Norms for Proceedings Before the Constitutional Court.
Thus decided in Rome, at the seat of the Constitutional Court, Palazzo della Consulta, on October 5, 2026.
Signed:
Giovanni AMOROSO, President
Filippo PATRONI GRIFFI, Rapporteur
Roberto MILANA, Director of the Registry
Filed in the Registry on October 29, 2026
The anonymized version conforms in text to the original