La tutela del parlamentare espulso dal gruppo di appartenenza e la “suggestione” dell’autodichia

The author thinks about the problem of the protection of the dissenting member of parliament expelled from his group, starting with the examination of the recent ruling of the Court of Cassation 6 March 2020 no. 6458 which excluded the jurisdiction of the ordinary judge for such disputes as they pertain to the internal organization of the Chambers. At the same time, the Court stated that the Senate is free to decide how to attribute these disputes to the jurisdiction of the “autodichia” bodies. The essay critically reflects on the orientation inaugurated by the Supreme Court and its possible future implications. To this end, it first focuses on the legal nature of parliamentary groups. Indeed, the author highlights how the reforms of the Parliamentary Rules of Procedure of 2012 and, lastly, the reform of the Senate Parliamentary Rules of Procedure in 2017, have accentuated the publicity of the groups to be counted among the internal bodies of the Chambers. Secondly, it highlights the reasons that should exclude the extension of the “autodichia” bodies to cases of expulsion of the MP from the group. Lastly, the essay focuses on the possibility that the expelled parliamentarian to protect himself may resort to the conflict between the powers in based of the orientation inaugurated by order no. 17 of 2019 of the Constitutional Court.