Reforms, Guzzetta: “Tangled draft? No, complex procedure regulation”

“The political choice is to exclude regional model rigidity”


bill for constitutional reform For L

to ‘Introduction of the direct popular election of the President of the Council of Ministers and rationalization of the relationship of trust
‘ is also criticized by the opposition for being tangled up in too many hypothetical scenarios in the formulation rather than general principles as a constitutional charter should be. “In reality, when it comes to regulating forms of government, it often happens that complex procedures are regulated. Especially when it comes to the parliamentary form of government, for which there is a need for rationalization when we want to avoid, to quote the famous order of the day Perassi in the Constituent Assembly,

the degenerations of parliamentarism
“, replies to Adnkronos on constitutionalist Giovanni Guzzettafull professor of public law at the University of Rome, Tor Vergata.

“Just think of the German Constitution, the Spanish one, the Greek one and so on – he continues – So abstractly, the criticism does not seem well founded to me. This does not mean, obviously, that, in concrete terms, the regulatory solutions cannot be improved or simplified. But it is a question, then, of entering into the merits of the text, which however is not yet fully known. Furthermore, in our case there is a further difficulty – the constitutionalist points out – because once the so-called Premiership has been chosen, we do not have a specific model to refer to, as it has no examples in comparative law. AND the Premiership is based on the idea of ​​formalizing procedures which elsewhere (I am thinking of the United Kingdom) are the subject of consolidated customs and historically adapted to the evolution of the system. Which is not a simple operation.”

Would it simplify the “simul stabunt simul cadent” applied to the regions, according to which the President of the Region “by universal and direct suffrage” when he falls, brings with him the fall of the Regional Council, which is also directly elected? “Abstractly, anything can be done. However, it seems to me that the political choice, and I underline political, that emerges from the project, which I repeat is not yet known in all its details, is that of exclude the “rigidity” of the regional model – replies Guzzetta – and that is to provide that in any case in which the elected Prime Minister ceases to hold office, the Chamber of Deputies will be automatically dissolved. Once that solution is excluded due to a political choice, which is therefore not my place to comment on here, the way obviously opens up to the need to regulate cases of replacement of the Premier, preserving the need for greater stability that we want to pursue. A complex operation which inevitably produces a complex regulation”. (Roberta Lanzara)