Cagliari, 15 October (LaPresse) – The Constitutional Court, with ruling number 148 published today, has ruled on the appeal for conflict of jurisdiction brought by the Region of Sardinia against the State, in relation to the injunction issued on 20 December 2024 by the Regional Electoral Guarantee Board at the Court of Appeal of Cagliari. The Court ruled that it was not for the State, and therefore the board, to declare in the grounds for the order that “the elected candidate must be removed from office” or to order the transmission of the order to the president of the Regional Council for the adoption of the measure to remove Alessandra Todde from office as president of the Region of Sardinia. The judges of the Council observed that the regional electoral guarantee boards, established by Law No. 515 of 1993 to control electoral expenses in national political elections, and subsequently extended by Law No. 43 of 1995 to the elections of regional councils in ordinary statute regions, are independent state bodies that ensure the transparency and authenticity of the electoral process. This control system is also applied in Sardinia, by virtue of a decision by the regional legislature, which, in Article 22 of Law No. 1 of 2013, decided to refer to state laws with regard to the causes of ineligibility for regional office. The Court therefore emphasised that, while considering the allegations made against President Todde to be serious, including the failure to appoint an election agent responsible for collecting campaign funds, these do not fall within the grounds for ineligibility and forfeiture explicitly provided for by Law No. 515 of 1993. Consequently, the Electoral Guarantee Board, in ordering the forfeiture to the Regional Council on the basis of the established facts, exceeded its powers and infringed the constitutionally guaranteed prerogatives of the Region of Sardinia. Finally, the Court specified that the decision on the merits of the injunction order rests with the civil court, which has jurisdiction to rule on the opposition to that measure. In summary, the regional council could not decree the removal of President Todde, which remains a matter to be decided in civil court.