Monday, July 22, 2024

No to the Mayor of Italy because he presents extreme toughness and insults Parliament

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In the “yes and no” of reformist space for Proposal by Italia Viva for the Mayor of Italy. suitable Marlisa D’AmicoProfessor of Constitutional Law, who is of the opinion that “in this way the full dignity of the vote expressed by the citizens is recognized.” On the contrary instead Dario BariniDeputy Chair of the Committee on Constitutional Affairs, who stresses how direct election of the Prime Minister “shows extreme inertia and humiliates Parliament”.

This is Dario Barini’s comment:

Italy is, and must remain, a parliamentary republic. It is inappropriate to become either presidential (American model), semi-presidential (French model), or crypto-presidential (model Mayor of Italy or direct election of the Prime Minister). The desired goal is to improve the parliamentary form of government, not to exclude it.
In Italy the existence of more stable governments, endowed with a strong popular legitimacy, and which can last for an entire legislature, is a real need, as is the need to restore the dignity and strength of the Parliament, which is today crushed by the concrete methods of legislature. activity. But the correct answer to this need is not the popular election of the Prime Minister with an attached clause Rhythm stab simulation (Automatic snap elections if the prime minister resigns or is suspended).

This selection presents extreme and indecent arrogancewhich does not exist in any Western democracy and brings with it at least three major problems: that it involves unfair revision of the constitution; insulting Parliament, deprived of the power to trust and replace governments; It undermines the constitutional balance between the head of government and the head of state, and reduces the role of the president of the republic, whose main powers are emptied de facto.
To achieve greater stability and stronger popular legitimacy for CEOs in a sustainable way – without jeopardizing our Constitution and without affecting the Quirinale’s guarantee function and institutional reserve engine – There are two wayswhich has been extensively tested and of a new parliamentary nature, and can be adopted both individually and in combination.
One way is the one that goes through the decisive majority electoral law, on the basis of which the popular legitimacy of the government stems from the fact that the head of the list or coalition to whom the vote of the voters granted an absolute majority of seats becomes prime minister. Formally, in this case, the people elect a parliamentary majority, not a leader.

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Another way is the German model (Valid with some differences also in Spain and Sweden). That is, a rational parliamentary system in which a valid proportional electoral law is strongly linked to constructive mistrust and the parliamentary election of the prime minister, who, therefore, is given the power to propose both the appointment and dismissal of the head of state. Ministers, as well as the dissolution of both chambers in the event of defeat based on a vote of confidence.

Dario Barini (Vice Chair, Committee on Constitutional Affairs)

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