Italian Political System: President and Government
The Italian Referendum
For the Constitution, two conditions were approved:
- A quorum: the participation of the majority (50% + 1) of the voters (not required for other types of referenda).
- ULA approval by a majority of voters.
Being seen as a coercive instrument of parliamentary action, the law increases the difficulties. If the *abrogativo* referendum succeeds, the legal consequence is that the Legislature must adopt a law that takes into account the outcome of the consultation. However, because it responds to a simple question (yes or no), it allows the legislature ample opportunity for solutions friendly to the outcome of the referendum law.
The President of the Republic
The President, who must be over 50 years of age and enjoy their civil and political rights, is elected for a term of 7 years by secret ballot of an electoral body composed of:
- The two Houses assembled in joint session.
- Three delegates per region elected by regional councils, with representation of minorities.
The candidate must obtain 2/3 (66%) of the votes in the first ballot, but from the third, just an absolute majority. This makes the copper-secret ballot an important role in possible alliances. Sometimes the government majority only gets to choose their candidate by the votes of other currents of opposition parties.
Regarding the president’s powers, it should be stressed that all acts require the endorsement of a minister or the President of the Council of Ministers, who are responsible for them. Therefore, [the President] is irresponsible except for high treason or assault on the Constitution. His powers are the classics of a head of state in a parliamentary system:
- Represents national unity, announces the election of the new houses and their first meeting, and announces a referendum as provided in the Constitution.
- Authorizes the presentation to the houses of government bills.
- Promulgates laws, decree-laws, and regulations.
- Appoints officials, accredits and receives diplomatic representatives, and ratifies international treaties, subject to authorization by the Chambers.
- Holds the supreme command of the armed forces and declares a state of war decided by the Chambers.
- Presides over the Supreme Defense Council and the Superior Council of Magistracy.
- Has the right to pardon and commute sentences and gives the honors of the Republic.
It also has other presidential functions:
- The Extraordinary Chambers, the early dissolution of the same, after hearing their presidents, the dissolution of the Regional Councils, on request.
- Forwarding legislation to the Chambers for a second reading.
- The appointment of the Chief Council of Ministers and, on the latter, that of the Ministers. Appoints five life senators and five judges of the Constitutional Court.
Not wanting to strengthen the presidency, which could smother the Parliament, is one reason that has prevented the re-election to that sought.
In case of disability, illness, resignation, or travel abroad, the President’s duties are exercised by the President of the Senate. If the disability is permanent, or [the President] dies, the Speaker of the House calls for presidential electors to elect the replacement. When they cease to hold office, they become senators for life.
As for the styles of the exercise of the Head of State, the qualified experts are in:
- Notary: They just have reports of decisions of the government majority.
- Committed: The President, without going beyond constitutional limits, takes away from the Parliament and government.
The Government
The Government of the Republic consists of the Prime Minister (or the Council of Ministers) and Ministers. The Head of State appoints the President of the Council of Ministers and, on his proposal, appoints and dismisses ministers.
As in any parliamentary system, the Government must have the confidence of Parliament, and in this case of the two Houses. For this, what is presented within 10 days of training to get them to vote or not, which forces parliamentarians to exercise the vote called *palese* (public show) and to do so in the sense determined by their parties in the consultations leading to the formation of the government, thus avoiding the presence of snipers. The confidence of the chambers is obtained by a simple majority of each of them, which allows for government supported thanks to the abstention or absence from groups not included in the executive.