Incandidabilità

Incandidabilità is a legal concept found in some legal systems, particularly in Italy, that refers to the ineligibility of a person to hold certain public offices or to be elected to them. This condition arises from specific legal provisions that prohibit individuals who have committed certain offenses or are in particular situations from assuming public roles.

The reasons for incandidabilità can vary widely. They often include convictions for serious crimes, especially those that undermine public trust or morality, such as corruption, fraud, abuse of office, or even certain political offenses. The underlying principle is to ensure the integrity and proper functioning of public administration by excluding those deemed unsuitable to hold positions of responsibility.

Beyond criminal convictions, incandidabilità can also be triggered by administrative sanctions or by holding certain positions that might create a conflict of interest. For instance, individuals who have been disqualified from public service due to disciplinary measures may also be subject to incandidabilità.

The duration and scope of incandidabilità are typically defined by law. In some cases, it may be a temporary measure, while in others, it can be permanent. The specific offices to which the ineligibility applies can also differ, ranging from local government positions to national parliamentary seats. Legal frameworks usually provide procedures for determining and enforcing incandidabilità, and individuals affected may have recourse to legal challenges.