Abstract (in inglese)
The paper focuses on legal conflicts (i.e. conflicts that may be subject of judicial proceedings) within political parties, with reference to conflicts between individual members (or minorities) and the political party.
The study is based on the idea which defines political parties as private subjects holding private functions with constitutional relevance. According to this thesis, political parties have legal powers which might influence, in an authoritative way, the position of members who hold mainly legitimate private interests.
Firstly, the author analyses the jurisdiction of conflicts (mainly civil jurisdiction), the object of conflicts (i.e., the type of acts expressing the powers of the party) and constitutional parameters of legitimacy that could be used in the conflict.
Secondly, the author outlines the procedural model and the legal framework of political parties’ justiciability: on the one hand the “internal” justiciability (which concerns parties’ guarantee bodies) and, on the other, the “public” justiciability (which concerns proceedings before State jurisdiction).
The last part of the paper is dedicated to the analysis of national case law on different types of conflicts.