Partiti politici e giustiziabilità. Dall’immunità ai recenti casi del partito “Movimento 5 Stelle”

[Autom. eng. transl.] The essay analyses the evolution of the legal regime of Italian political parties, focusing in particular on the transition from traditional immunity from judicial control to an increasing justiciability of their internal acts. Starting from the theoretical framework of legal pluralism, it traces the construction of parties as autonomous systems with statutory and disciplinary autonomy, and then delves into the tensions that emerged with the constitutional recognition of their public function pursuant to art. 49 of the Constitution. Through an analysis of recent case law – in particular that arising from the internal events of the 5 Star Movement – it is highlighted how civil law has become the main instrument for ensuring respect for the rights of members, signalling a progressive erosion of the absolute autonomy of parties. The work concludes with a reflection on the necessary balance between freedom of association and internal democracy, in the search for a point of equilibrium between collective needs and individual protection.