Italy / Regional Administrative Tribunal, Rome, Second section / 633 A.N.D.E. v Comune di Civitavecchia

Key facts of the case:

The case originated from the elections in the Municipality of Civitavecchia. The executive body of the Municipality which was appointed after the elections was made up of six persons – five men and a woman. The National Association of Women Voters (Associazione Nazionale Donne Elettrici) denounced the violation of the principle of equality between sexes. - Elections - According to the Tribunal, in recent years, Italy has witnessed a strengthening of measures aimed at translating into practice the principle of equal opportunity between women and men. This principle should guide the action of public authorities when the situation offers a margin of discretion. Domestic legislation provides enough protection of equal opportunities between men and women while international and national legislations only reinforce this wider framework. Therefore, the decision regarding the appointment of the executive body of the Municipality may be evaluated also by the administrative judge on request of an ordinary voter and/or an association defending the principle of equality between men and women.

Paragraphs referring to EU Charter: 


3. In light of the preceding analysis of domestic legislation that imposes clear obligations, it may be unnecessary to underline the value of international and EU provisions, referred to by the applicants. However, it is worth recalling the specific relevance of international treaties (with special reference to the ECHR) [...]. In addition, the EU Charter of Fundamental Rights obliges to recognise to everyone all the rights set forth in the European Convention on Human Rights, which coincide with the rights protected by the Charter of Nice, with the same meaning and scope as the latter. (cfr. in terminis, T.A.R. Lazio, I section, no. 8746/2012). [...] Positive actions are deemed admissible also by the EU Charter of Fundamental Rights which has broadened their scope to all fields and not only to the professional one. Moreover, the Charter has reaffirmed the prohibition of discrimination on the ground of sex (Art. 21) and the equality between women and men (Article 23) as a fundamental right of all human beings. [...] From the above, it is clear that a normative corpus exists and it should become the tool for interpreting the domestic legal order.

Deciding body (original language): 
Tribunale Amministrativo Regionale (T.A.R.) – Roma (II sezione)