Sull’irresponsabilità dei consiglieri regionali a margine della sentenza n. 165 del 2020 della Corte dei Conti sezione giurisdizionale per la Regione Sicilia

Abstract

Recently the Court of Auditors, jurisdictional section for the Sicily Region was called upon to rule, on the sidelines, on the delicate issue of the unquestionability of the regional councilors, pursuant to art. 122, paragraph IV, of the Constitution; a rule which, as is well known, concerns the functions attributed to the regional councilors which constitute an expression of constitutionally guaranteed autonomy. Judgment no. 165 of 17 April 2020 of the Accounting Judge takes on particular importance, above all in the light of sentence no. 43 of 2019 of the Constitutional Court, with which we tried to make "greater clarity" regarding the extension of the guarantee of the unquestionability of administrative acts in relation to the self-organization powers of the Regional Council. In other words, to establish whether and to what extent the prerogative of irresponsibility could correctly be extended to cover the performance of administrative activities