Requisiti di onorabilità per l'accesso a bandi pubblici e altri meri effetti della condanna penale, anche non definitiva : la Consulta fa chiarezza

The article focuses on a recent judgement handed down by the Italian Constitutional Court concerning the possibility for a Region to ban a citizen from a public tender because of its previous conviction for a criminal offense, even if the conviction is not a final one. We will analyse the criteria adopted by the Court to decide what is the real nature of this kind of additional measure (e.g. criminal, administrative, civil) and whether those measures are legitimate according to the Italian Constitution. We will also focus on the case-law of the Constitutional Court on the so called «effetti penali della condanna»: additional penalties or further administrative or civil actions triggered as a consequence of the conviction (e.g. loss of privilege, disenfranchisement). On those respect we will try to underline what are the main features of a real collateral penalty and to establish if a penalty of this kind can be consequence of a conviction which is not final yet.