Francesco Saverio Marini: “Premiership model close to the British, but with direct election”
The majority amendments to the bill on the premiership, signed by the government to underline its unitary nature, after numerous refinements, “seem to me to be an excellent result”. “We arrive at a mechanism similar in substance to the British premiershipin which the Prime Minister has the power of dissolution”. He talks about it with Adnkronos legal advisor to Giorgia Meloni, Francesco Saverio Mariniwho looking at the amendments focuses on the government one atarticle 4 of the billalso known as the second prime minister, and states: “The rule is much more coherent than the provision of direct elections and also more linear. It will guarantee against reversalsbecause it will be the elected Prime Minister, in the event of resignation, who will choose whether to obtain the dissolution or allow the continuation of the legislature”.
In Article 4, “are expected now three eventualities. The first concerns the possibility of a motion of no confidence by Parliament, with respect to which
the rule applies simul-sima clause on the basis of which a no-confidence vote leads to dissolution”; “the second occurs instead in the event of resignation of the Prime Minister, where the law provides that the Prime Minister, after dutifully informing Parliament of his intentions, can obtain from the President of the Republic dissolution of the Chambers“. Finally the third eventuality: “the one in which the premier due to death, impediment or forfeiture cannot take any decisions and it will therefore be the President of the Republic, like what would happen under the current Constitution, who will establish whether the legislature can continue.” How? “If so – replies the constitutionalist – appointing a new Prime Minister always chosen from among the parliamentarians of the majority. However, if the majority does not identify an alternative Prime Minister, the Head of State will have no choice but to dissolve the Chambers and a vote will take place. Obviously the latter will be an evaluation exclusively of the President of the Republic”.
According to Giorgia Meloni’s legal advisor, “thanks to this new formulation we also manage to overcome the objection that the second prime minister would have had more powers than the first. In fact, with this amendment the directly elected President will still have more powers than the possible second President, being able to decide in the event of resignation whether to request dissolution or continue the legislature”.
In addition to the changes to article 4 of the premiership bill, the proposed amendments to article 3, on the limit on mandates, which will be two with the provision of a third if in the two previous legislatures the Prime Minister has not governed for at least seven and a half years. “The limit on the mandates of the Prime Minister is a choice consistent with the changes to article 4 and with the strengthening of the powers of the Prime Minister elected in crisis situations”.
Another amendment of the majority to article 3 of the constitutional bill is “the formal attribution to the President of the Republic, upon proposal of the President of the Council, of the power of revocation of individual ministers in addition to that of appointment (already provided for in the current Constitution – ed.). In this way, the powers of the Prime Minister and also of the President of the Republic are strengthened through an express attribution of the power to dismiss Ministers. An innovation that deserves sharing – comments the constitutionalist – also because this aspect has been the subject of extensive debate in doctrine for decades now”.
And the powers of the Head of State?: “It is obvious that compared to his previous power to appoint the President of the Council of Ministers and to dissolve him, direct election involves some form of reduction of his powers. However, his role and powers of guarantee remain unchanged. rest, by strengthening the prime minister and making the system more stable it is physiological that crisis situations will decrease with consequent less need for intervention by the President of the Republic”, he assures. Unchanged compared to the basic text of the reform i d
eu untouchable points: the direct election of the prime minister, provided for in the premiership bill and the constitutionalization of the majority bonus: on this point “a single change was made: the elimination of the 55% threshold in the Constitution, in order to leave greater discretion to the electoral law” in defining the quantum. For the rest, the amendments are “purely technical or coordination” measures. (by Roberta Lanzara)