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The President of the Republic _____________________ ______

Private and Public law lesson 9 The legislative power; the President of the Republic - April 11, 2014-. The President of the Republic _____________________ ______. The President of the Republic ___________________________ ______.

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The President of the Republic _____________________ ______

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  1. Private and Public lawlesson 9The legislative power; the President of the Republic-April 11, 2014-

  2. ThePresident of the Republic • ___________________________

  3. ThePresident of the Republic • _________________________________ He/she is elected by both Chambers of the Parliament jointly <> France analogous to Switzerland, USA and Germany)

  4. ThePresident of the Republic • _________________________________ Eligibility requirements:- Italian citizen- age: 50 years at least- entitled to civil and political rights

  5. ThePresident of the Republic • _________________________________ Term: 7 years why?Independence from the majority’s political views (Parliamentary term: 5 years)The President may be re-elected

  6. ThePresident of the Republic • _________________________________ Early termination:- [elapse of the 7 year-term]- death or voluntary resignation- loss of any requirement to take office / hold the charge (e.g., loss of the Italian citizenship)- he/she is permanently unable to perform his/her duties

  7. ThePresident of the Republic • _________________________________ Is the charge held by the President compatible with any other public charge? - Mayor?- Member of the Parliament?- Member of the Government?

  8. ThePresident of the Republic • _________________________________ May/should the President be replaced? - on a temporary basis (art. 86 of the Italian Constitution)- on a permanent basis* Is the President of Senate entitled to carry out any act?

  9. ThePresident of the Republic • _________________________________ Is the President legally/politically responsible? - political liability - he/she is not politically liable. Liabilities are incurred by the competent Minister and by the Prime Minister (however, each decree must be counter-signed by the President, otherwise the decree is not legally valid)

  10. ThePresident of the Republic • _________________________________ Is the President legally/politically responsible? - legal liability: with regard to the acts done by the President while performing his/her duties, the President is not legally liable (even from a criminal law viewpoint, unless for “high treason” or “attempt to attack the Constitution”). As a private individual, the President may be held liable, but he/she may prosecuted after the elapse of his/her term only (provided that the applicable time-limits have not elapsed)

  11. ThePresident of the Republic • _________________________________ “high treason” or “attempt to attack the Constitution”: - both Chambers of the Parliament must resolve upon the accusation of the President- the Constitutional Court is entitled to make a judgment

  12. Themain powers of the President • _________________________________ - in connection with the legislative powerhedeclares political elections / referendums open; he appoints five senators in charge for an unlimited period of time; he may deliver speeches / messages to the Parliament- in connection with the administrative powerheappoints the Prime Minister and, upon suggestion of the latter, each Minister; he ratifies international treaties; he is formally head of the Army; he settles disputes arising from “extraordinary petitions”- in connection with the Courts’ functionhe appoints five members of the Constitutional Court; he is head of the High Council of Magistrates (CSM); he grants pardon

  13. ThePresident of the Republic • _________________________________ In particular: the declaration regarding the opening of political elections- uncured conflict between the Government and the Parliament (“mozione di sfiducia”)- facts or circumstances clearly highlighting that citizens no longer support the Government / majority activity

  14. ThePresident of the Republic • _________________________________ In particular: the declaration regarding the start of political elections- The President must hear the opinion of the President of each Chamber of the Parliament, even though this no binding opinion- The President may not declare elections open within the last 6 months of his/her term

  15. TheParliament • ___________________________

  16. TheParliament • _________________________________ Each member of the Parliament “represents the Nation” (art. 67 of the Constitution): does this imply any “power to represent” electors? What does “representative” mean?Something different from the figure regulated by Art. 1387 of the Italian Civil Code (“rappresentanza”):- electors are not entitled to revoke the “representative”- the relationship is only between electors and representatives, there is no “third party”- members of the Parliament are not bound by any mandate (art. 67)Members of the Parliament only represent a “theoretical” entity (the Nation), not their electors

  17. TheParliament: the electoral systems • _________________________________ “maggioritario”: the seats allocated the relevant district are “granted” to the candidate acquiring majority of votes (absolute / qualified majority)“proporzionale”: each candidate is granted with a number of seats proportionate to the number of votes cast in his/her favor

  18. TheParliament: the main differences between the two Chambers • _________________________________ - different age requirements apply to elect and to be elected- the number of members is different: 630 (House of Representatives) and 315 (Senate)- the applicable electoral systems are different- all members of the House of Representatives are elected, while some members of the Senate are appointed by the President of the Republic or are automatically declared as members of the Senate (e.g., former Presidents of the Republic)

  19. TheParliament: • the current debate on the “abolishment” of Senate • ______________________________________ Complaints about the identity of functions of the Chambers (unless merely procedural aspects are considered) Proposals regarding reduction of the number of seats / abolishment of the Senate / its transformation into a “Regional Senate” / “Senate based on territorial autonomies”But is “Regional Senate” something really new in the Constitution?

  20. TheParliament: • the current debate on the “abolishment” of Senate • ______________________________________ Article 57 of the Constitution:“The Senate is elected on a regional basis.The number of Senators to be elected is three hundred and fifteen […].No region may have fewer than seven senators; Molise shall have two, Valle d'Aosta one.The allocation of seats among the regions, in accordance with the provisions of the preceding Article, is made in proportion to the population of the regions […]”

  21. TheParliament: • the current debate on the “abolishment” of Senate • ______________________________________ What does the expression “on a regional basis” mean?There must be a close connection between the Parliament and Regions (these are not regarded as territorial entities, separate from the central State, but as local communities of people)

  22. TheParliament: • the current debate on the “abolishment” of Senate • ______________________________________ Proposals: - reduction of the number of seats - abolishment of the Senate - “transformation” of the Senate into a “Regional Senate” / “Senate based on territorial autonomies”- functions of each Chamber should be better specified and overlapping should be avoided (e.g., a Chamber may legislate, the other may have supervisory functions)- streamline Parliamentary regulations: better selection of proposals and projects of law

  23. The main proposal in discussion: the Senate should be only comprised of Mayors and members of Regional Councils; the current House of Representatives should remain the only “political” ChamberObjections: according to the same proposal, the House of Representatives should be governed by an electoral system granting an extra-quota of seats to the majority (“maggioritario”); on the other hand, members of the Senate would not be elected by citizens anymore. Therefore, minorities might not be adequately represented. Senators should be elected by citizens (the number may be reduced by a third); Presidents of Regions may participate to debate within the Senate with no voting right; the Senate should have territory-related competences and general supervisory functions (and powers regarding relationships with the EU)

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