La prohibición de la reconstitución del partido fascista en el ordenamiento jurídico italiano: análisis y propuestas

The Italian Constitution provides for an explicit prohibition of the reconstitution of the dissolved fascist party in its XII final disposition. The essay investigates first of all the historical, legal and political motivations that led the Constituents to write this provision, also in the light of art. 49 regulating political parties. The XII provision has been implemented by the Scelba Law, which provides for a mechanism for the dissolution of parties and which has sometimes been invoked also to exclude some lists of candidates from local elections. In the conclusions, the author proposes a modification of the existing model, in order to strengthen the properly constitutional dimension of the problem.