Verso un complessivo ripensamento dell'autodichia degli organi costituzionali

Constitutional Court judgment n. 65/2024 marks an important step in the progressive reconceptualization of self-declaration of constitutional bodies (domestic justice). The Court has definitively excluded domestic justice for public procurement disputes, recognizing the jurisdiction of the administrative judge; on the one hand clarifying Constitutional Court n. 262/2017 and on the other hand affirming the functional use of domestic justice to preserve the autonomy of constitutional bodies (the “functionalist thesis” stated by Constitutional Court n. 120/2014). After examining the judgment, the paper critically reviews the incomplete application of the functionalist thesis, to question the reasonableness of domestic justice with respect to disputes with employees. The focus is on the relationship between the autonomy of constitutional bodies and jurisdictional protection. Finally, some conclusions are drawn on the possible consequences of judgment n. 65/2024 for the sources of law system, the autonomy of constitutional bodies and access to justice.