Il Governo "riscrive" la legge elettorale della Regione Puglia con la doppia preferenza di genere: profili problematici dell'esercizio del potere sostitutivo sulla potestà legislativa regionale

This paper examines the recent event that led the government to exercise its substitute power pursuant to art. 120, paragraph 2, of the Constitution against the electoral law of the Puglia Region, for not having complied with the provision of double gender preference, as required by the national framework law. First of all, it is necessary to ask whether the national legislator can impose this electoral mechanism on the Regions in the name of its competence to provide the fundamental principles of electoral legislation pursuant to art. 122, paragraph 1, of the Constitution and, in any case, if and how it can impose itself on the Regions that have not provided for it and, therefore: iure proprio - by "repealing" the conflicting regional legislation - or by means of the instrument of substitutive power pursuant to art. 120, paragraph 2, of the Constitution, assuming that it is applicable not only to the regional administrative function, but also to the regional legislative function, also in consideration of the high rate of "political nature" connected to the specific regional law that is highlighted, which outlines its electoral system.