Vitalizi, regolamenti parlamentari minori, autodichia (a margine della decisione n. 272/2023 del Consiglio di garanzia del Senato)

The Guarantee Council – the “domestic judge” of the Senate – with decision n. 272/2023 has lastly cancelled rule n. 6/2018 of the Presidential Council of the Senate about the recalculation of former senators’ annuities. The paper analyses this decision, reflecting on two main themes: the judicial review of internal regulation of each House of Parliament; the reasonableness of recalculation of annuities and the opportunity of a legislative regulation on this topic. The essay first criticises the domestic review of constitutionality on annuities rules, which have the rank of “minor” regulations and can be judged only by internal judges of Parliament. The specific provisions of decision n. 272/2023 are then examined, together with the related critical issues. Finally, some conclusions are drawn on the need to question the idea of “domestic justice”, since decision n. 272/ 2023 has sharpened the debate about political interference on domestic bodies of justice.