Lectue 12

Question 1

Legislative power: phases of production

Answer 1

Parliament historically holds the legislative power to make laws– the production process for making a new primary source of law goes through the 4 phases:
- initiative phase
- deliberation phase
- promulgation phase
- publication phase

Question 2

Legislative power: initiative phase

Answer 2

1. the bill (proposta di legge) is presented (tabled) in one of the two Houses (interchangeably)
2. a bill can be tabled by:
   - the Government: Government’s bills are called “disegni di legge”, aimed at bringing forward Government’s political agenda; the bill must be firstly approved by the PR in order to be tabled in one of the Houses; here they benefit a “fast line” according to House’s Internal Standing Orders
   - each MP: so they cover their natural role as the legislative power; elected representatives contribute to determine national policies
   - each Regional Council
   - the CNEL
   - the electorate (bill must be signed at least by 50.000 voters) (71 Cost.): not frequently used, no time table for such bills to be approved; often let expired at the end of the legislature (each bill if not yet approved expires by the end of the legislature; Houses can choose to save bills)

Question 3

Legislative power: deliberation phase

Answer 3

1. Bill is examined, discussed and voted by the House
   Ordinary legislative process:
   - President of the House assigns the bill to the relevant Parliamentary Commission (“reporting Commission”)
   - the Commission appoints a rapporteur, that briefs the other members on the bill
   - the bill is discussed by the Commission and voted article by article (including amendment proposals)
   - the bill (as amended by the Commission) is sent to the plenum of the House, with a report explaining the Commission’s views
2. full-run in the House: “three readings” of the bill:
   - general discussion: after the Commission’s report has been read
   - article-by-article vote: the House votes the bill’s articles and amendment proposals
   - final vote: lastly, amended text of the bill
3. special legislative procedures: larger role for the Parliamentary Commission
   - commission only (“deliberative Commission”): the whole deliberation phase, including the final vote on the bill, is assigned to the Commission (no need ofr a vote of the House’s plenum)
   - mixed process (“drafting Commission”): the bill is firstly discussed and examined by the Parliament and then goes to the Commission to write down the articles (“redigente”), then the final vote (third reading) by the Houses’s plenum takes place

Special legislative procedure is more efficient; though the ordinary legislative procedure is mandatory for bills on some specific matters (e.g. constitutional, budget, legislative delegation, international treaties)
Possibility to go back to the ordinary process under request of the Government, 1/10 of the House and 1/5 of the Commission

4. after approval by one House:
   - bill is sent to the other House that goes through the same “deliberation” phase= perfect bicamerialism (both hold equal power)– each can ammend the other’s bills.
   A bill is sent back and forth until both approve the bill in the same identical text

Question 4

Legislative process: “promulgation phase”

Answer 4

1. the bill that successfully goes through the “deliberation” phase is approved, but it is not yet perfect/effective
2. the PR promulgates the law witin 30 days of its approval
   - control powers of PR (formal and substantial, in case of manifest constitutional violations)
   - the PR can send the bill back to the Houses with a message explaining their reasons for doing so
   - the Houses can renounce, modify or confirm the bill

Question 5

Legislative power: the commissions of the Houses

Answer 5

• each House of the Parliament has its own commitees or commissions
• the commissions are specialized in different policy areas (when a bill is proposed it is analysed by the competent commission-area) (e.g. if the bill pertains to economic matters it will be presented to the Economic Affairs Committee)
• commissions are composed by MPs who have expertise or interest in the respective subjects
• commissions’ composition reflects the proportion of the parties’ representation in the Parliament

Question 6

Legislative power : “publication” phase

Answer 6

1. law is published in the Republic’s Official Bulletin by the Minister of Justice
2. everyone in the land must be put into condition to know the new law’s entry into force and its contents
3. for the same reasons, the new law usually enters into force after 15 days have passed since its publication on the Official Bulletin

Question 7

Constitutional reform (amendment power)

Answer 7

1. Parliament holds the power to amend the Constitution
2. the italian Constitution is a rigid one: the process of amending (outlined by art. 138 Cost.) is reinforced if compared to the ordinary legislative process.
   The phases are the same for the primary sources of law

Question 8

Constitutional reform: “initiative” phase

Answer 8

1. the constitutional bill is presented in one of the two Houses
2. a constitutional bill can be tabled by:
   - the Government
   - each MP
   - each Regional Council
   - the electorate (50.000 at least)

Question 9

Constitutional reform: “deliberation” phase (+ “promulgation” and “publication”)

Answer 9

1. bill is examined, discussed and voted by the Houses
2. 2 separate deliberations by each House are required
3. First Deliberation: ordinary legislative process: the constitutional bill goes through the competent Commission and a full-run in the House
4. after the bill is approved by both Houses by a “simple majority” there’s pause of at least 3 months
5. after 3 months there’s a the Second Deliberation: second run in both Houses for the final vote (no amendments allowed):
   - less than absolute majority: the bill is rejected
   - between absolute majority (50% +1) and 2/3 qualified majority: 3 moths delay of promulgation, during which 1/5 of one House’s MPs, 5 regions, 500.000 voters may ask for referendum; the referendum has no minimum quorum of voters (only the yes>no count for approval); if the referendum is successful (or nobody calls for it), the bill is approved
   - 2/3 qualified majority of higher: the bill is approved (without the possibility to call for a referendum)

“Promulgation” and “publication” have no differences from the ordinary legislative process.

Question 10

Limits to Parliament’s constitutional reform power

Answer 10

• explicitely expressed: republican form of state (art. 139 Cost.), historical context
  1. implicetely expressed:
• inviolable rights and fundamental constitutional principles
• constitutional rigidity (constitutional amendment process, art. 138 Cost.)