Profili internazionali della recente giurisprudenza italiana sulla "preferenza di genere"

Abstract

[International profiles of the recent Italian case law concerning the "gender-based electoral preference"] Many recent decisions of  Italian Courts dealt with the legality of  the "gender-based electoral preferences". In particular, the Italian Consiglio di Stato has lately contradicted the T.A.R. Lazio (regional administrative tribunal of first instance), which had excessively emphasized the role of gender-based electoral preference in the context of the elections of the Bar Associations Councils members. Actually this issue raises critical aspects in relation to the compatibility with the international documents that protect the right to free elections too. In this connection, this article attempts to analyze the existence of any conflicts with the international rules on right to free elections.