62008CO0535_EN
Subject of the case
Operative part
Subject of the case
Re:
Reference for a preliminary ruling – Tribunale Amministrativo Regionale per la Sicilia – Interpretation of Article 6 EU, Article 3 of the First Additional Protocol and Article 2 of the Fourth Additional Protocol to the European Convention on Human Rights and Article 25 of the International Covenant on Civil and Political Rights – Interpretation of Articles 17 EC and 18 EC – Compatibility of regional legislation restricting the right of an Italian national to be nominated for election on the basis of a requirement of residence in the region.
Operative part
Operative part:
1. Articles 17 EC and 18 EC do not preclude national legislation which, in a situation such as that at issue in the main proceedings, includes among the requirements for eligibility for election to a regional assembly, the obligation to reside in the region concerned at the time when nominations are put forward.
2. The Court of Justice of the European Communities clearly does not have jurisdiction to reply to the first question referred by the Tribunale amministrativo regionale per la Sicilia.