Campania Region’s Third Mandate Law Faces Constitutional Scrutiny
Naples, Italy – April 9, 2025
The Campania Region’s controversial “Third Mandate Law,” officially approved by the Regional Council in November 2024, is under intense legal and political scrutiny as it heads toward a potential showdown with Italy’s Constitutional Court, known as the Consulta. The legislation, which allows incumbent Governor Vincenzo De Luca to run for a third consecutive term in the upcoming 2025 regional elections, has sparked a heated debate over its legality and implications for democratic governance in Italy.
The law, spearheaded by Giuseppe Sommese of the Action party and passed with a 33-vote majority, modifies regional election rules to permit a third term for sitting presidents. It stipulates that the counting of mandates begins with the term in progress at the time of the law’s enactment, effectively resetting De Luca’s tenure clock. Supporters argue it aligns Campania’s regulations with national law and ensures continuity for ongoing regional projects. “This is about completing the work we’ve started for Campania,” De Luca said in a recent statement, emphasizing his administration’s achievements in reducing regional debt and stabilizing healthcare budgets.
However, the center-right opposition and some independent councilors have fiercely contested the measure, labeling it a power grab. On January 4, 2025, a coalition of regional councilors, led by the League’s Severino Nappi, filed an appeal with the Administrative Regional Tribunal (TAR) to annul the council session that approved the law. They argue it violates national statutes limiting regional governors to two consecutive terms, accusing the majority of “a clear violation and false application of the law.” The TAR’s decision remains pending, but speculation is rife that the case could escalate to the Consulta for a definitive ruling.
The Italian government, under Prime Minister Giorgia Meloni, has signaled its intent to challenge the law, with Deputy Foreign Minister Edmondo Cirielli stating in November 2024, “I think it has no legal basis, and the government will contest it.” This sets the stage for a potential clash between regional autonomy and national oversight, a recurring tension in Italy’s decentralized political system.
Within De Luca’s own Democratic Party (PD), the law has exposed deep divisions. Party leader Elly Schlein has publicly opposed third mandates, declaring on national television, “The Democratic Party will not support outgoing presidents for a third term.” Her stance has placed her at odds with De Luca, a political heavyweight whose regional influence has long shaped Campania’s PD faction. Schlein’s veto has fueled internal strife, with some party members accusing her of undermining a popular leader, while others see her position as a necessary stand for renewal.
Legal experts remain divided on the law’s fate. The Campania Region has precedent on its side—other regions, like Tuscany, have adjusted term limits without national intervention—but critics argue that the Consulta’s recent rulings, such as its November 2024 decision to overhaul the Calderoli Law on regional autonomy, suggest a willingness to curb regional overreach. “The Consulta could strike this down if it finds it contradicts the constitutional principle of equal electoral rules,” noted Professor Luca Verzichelli, a constitutional law scholar at the University of Siena.
As the legal battle looms, De Luca remains defiant, framing the third mandate as a mandate from the people. “I must finish what I started,” he reiterated last week, pointing to infrastructure projects and economic reforms. Yet, with the government poised to appeal and the Consulta’s ruling potentially months away, the law’s survival—and De Luca’s political future—hang in the balance.
For now, Campania’s political landscape is a tinderbox, with the Third Mandate Law igniting debates over power, precedent, and the boundaries of regional authority in Italy’s complex federation. The coming months will determine whether De Luca’s bid for a third term becomes a historic victory or a cautionary tale.