Politics · Italy · 1 day ago
Court rules Sgarbi cannot claim immunity over insult to former councillor
Italy’s Constitutional Court has ruled that former MP Vittorio Sgarbi cannot use parliamentary immunity to avoid liability for insulting Alex Marini, a former councillor in Trentino.
The dispute began in 2019, after Marini criticised Sgarbi’s appointment as head of the Mart museum in Trento and Rovereto.
Sgarbi responded in a Facebook post, calling Marini and another councillor insulting names.
The court said the post was a personal response, not part of political debate on a matter of public interest, so it was not protected by parliamentary immunity.
A lower court had rejected Sgarbi’s claim for more than €25,000 and instead awarded damages to Marini.
Sgarbi later received parliamentary immunity in 2025, but the Constitutional Court has now ruled that the Chamber of Deputies could not grant it for these remarks.
Sgarbi is in hospital in Rome with severe respiratory failure caused by pneumonia, and Marini said he hopes he recovers.
Italy’s Constitutional Court ruled that Vittorio Sgarbi cannot claim parliamentary immunity for a Facebook post insulting former Trentino provincial councillor Alex Marini.
The court said the post did not contribute to public debate on a matter of general interest and was not part of Sgarbi’s parliamentary duties.
The dispute began in 2019 after Marini criticised Sgarbi’s appointment as president of the Mart museum.
The Chamber of Deputies had granted Sgarbi immunity in 2025, but the court ruled that it was not entitled to do so in this case.
Marini welcomed the ruling while expressing concern for Sgarbi, who was reported to be in hospital in Rome.
- Who
- Vittorio Sgarbi and Alex Marini, a former Trentino provincial councillor.
- What
- The Constitutional Court denied Sgarbi parliamentary immunity in a defamation case over a Facebook post about Marini.
- When
- The court’s ruling was reported on 9 October 2026; the dispute began in 2019.
- Where
- Italy. The case concerned a post on Facebook and Sgarbi’s appointment to the Mart museum in Trento and Rovereto.
- Why
- The court said the post was a personal defence, not a contribution to public debate or an exercise of parliamentary functions.
The Constitutional Court
The Chamber of Deputies
Immunity
The Constitutional Court
The court said the post did not qualify for parliamentary immunity because it lacked a connection to Sgarbi’s parliamentary duties.
The Chamber of Deputies
The Chamber had declared Sgarbi’s words unassailable in the proceedings and granted him immunity in 2025.
Nature of the post
The Constitutional Court
The court said the post did not contribute to public debate on an issue of general interest.
The Chamber of Deputies
The Chamber treated the statements as opinions expressed by a member of parliament in the exercise of his functions.
extra-parliamentary statements by a member of parliament are covered by immunity only if they contribute to public debate on matters of general interest and use forms of expression appropriate to political criticism and denunciation
The prerogatives granted to elected representatives serve to guarantee the freedom of institutions and the exercise of democratic functions, not to protect personal interests or justify denigrating those who legitimately exercise their mandate
Political criticism, even when harsh, must always be accompanied by respect for people’s dignity
After Sgarbi was appointed president of the Mart museum, Marini criticised the appointment and Sgarbi posted comments about him on Facebook.
The Chamber of Deputies granted Sgarbi parliamentary immunity in the case.
The Constitutional Court ruled that the Chamber was not entitled to declare Sgarbi’s statements protected by parliamentary immunity.
Corriere della Sera reported Marini’s response and said Sgarbi was hospitalised in Rome.
- People
- Vittorio Sgarbi; Alex Marini
- Museum
- Mart, the museum of modern and contemporary art in Trento and Rovereto
- Post
- Facebook post from 2019
- Immunity decision
- The Chamber of Deputies granted immunity in 2025
- Court ruling
- Constitutional Court ruling reported on 9 October 2026
Sources
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