L’opinione Extra Moenia del Parlamentare tra Nuovi Spazi Comunicativi e Necessari Correttivi Interpretativi

ABSTRACT The contribution critically reconstructs the current interpretative orientations of the Constitutional Court about the non-sanctionability of parliamentarian’s extra-moenia statements. The analysis, which develops from Sentence No. 104/2024 of the Constitutional Court, aims at highlighting some of the main problematic issues related to the application of Article 68, co. 1, of the Cost., which has long been the subject of a heated doctrinal debate, progressively intensified by the growing digitalisation of political communication. The pronouncement, although it consolidates a jurisprudential evolution that was already underway, nevertheless appears to be of interest for the legal framework it gives to the political statement conveyed through a social network, as well as for the ways in which it resolves the issue of the ‘subsequent parliamentarisation’ of cybernetically mediated opinions. This paper, therefore, will attempt to focus on the interpretative coordinates functional to defining in what way (and within what limits) the subsequent anchoring can make statements extra moenia exercise parliamentary prerogatives.

KEYWORDS Art. 68 Cost. – Parliamentary extra moenia activity – Political communication – Social network

TABLE OF CONTENTS 1. Alcuni profili introduttivi tra critica politica e attività extra moenia. – 2. L’insindacabilità alla prova dei tempi e dei mezzi della comunicazione politica. – 3. Brevi note conclusive