Lecture 11

Question 1

Italian Parliament (composition + perfect bicameralism + senators “for life”/”by right”)

Answer 1

Italian Parliament: composed by two Houses:
- the Chamber of Deputies
- the Senate of the Republic
Perfect Bicameralism:
1. minimal differences between the two Houses with regard to their composition:
- age of Members of Parliament: over 25 years olf for the Chamber, over 40 for the Senate
- number of seats: 400 for the Chamber, 200 for the Senate
- Senate is elected on a regional basis
2. equal powers (legislative and political)

SENATE’S PECULIARITY:
some seats are reserved to senators “by right” and/or “for life”
- “by right and for life”: ex presidents of the Republic
- “for life”: five citizens who have honoured the Nation through their outstanding achievements in social, scientific, artistic and literary fields– they are appointed by the President of the Republic

Question 2

Why the perfect bicameralism + only works if… + terms + elections

Answer 2

1. perfect bicameralism: inspired by cautiousness– one House shall check on the other’s doing (historical origin)
2. only works if the electoral system is the same for both Houses (same or similar majority)
3. only works if the Houses serve the same term:
   - once 5 years for the Chamber, 6 for the Senate
   - now 5 years for both
   - “anticipated dissolution”: the two Houses are unable to express a majority voting the confidence to a Government
   - extended term only “by law”, “in case of war”
4. natural dissolution of the Houses at the end of their 5 years term
5. election:
   - must take place within seventy days from the end of the term of the previous Houses
   - the first meeting of the new Houses is convened no later than twenty days after the elections
   - until the first meeting of the new Houses, the powers of the previous Houses are extended

Question 3

Internal autonomy of the Houses

Answer 3

• each House has its internal standing orders, adopted with an absolute majority: rules that regulate all the aspects connected to its functioning that are notdirectly regulated by the Constitution
• each House independently verifies the regularity of the elections of its members and the possible causes of disqualification
• each House has (and decides on) its own budget and employment rules

Question 4

Parliamentary groups

Answer 4

• “institutional projection” of the political parties
• after every general election, at the start of each legislature, each MP must declare the Parliamentary Group that they wish to join (those MP that do not join any group end up in the “gruppo misto”)
• the Internal Standing Orders of each House set the minimum number of MPs needed to form a Parliamentary Group
• current issues: transfrmism, groops without party, etc.

Question 5

Voting system (for each House)

Answer 5

• majority of the members must be present (presumed: if the verification of this quorum is not requested, all the votes shall be valid)
• “simple” majority: majority of the members present at a given session (general rule)
• “absolute” majority: majority of total members (exceptional rule)
• “qualified” majority: more than the majority of total members
• “qualified” minority: a minority of total members (in few cases)
  VOTE CAN BE:
• “secret” vote: when required by the Constitution (for the Parliament in Join Session), or when required by the Internal Standing Orders (for each House, usually on sensitive issues, upon request)
• “open” vote: when required by the Constitution (votes of confidence/ no-confidence), or when required by the Internal Standing Orders (for each House, as a general rule through an electronic system)

Question 6

“Each House shall elect a President and an Office of presidency from among its members”

Answer 6

1. President of the Senate and President of the Chamber of Deputies= second and third offices of the Republic
   - representative power: represent the House they preside
   - organization powers: organize the House’s proceedings, interprets and enforces its Internal Standing Orders
   - elective powers: select the members of some Independent Authorities
2. the president of the Senate stands-in for the President of the Republic when they can’t exercise their powers
3. the president of the Chamber of Deputies presides the Parliament in join session
4. Office of Presidency:
   - supports the presidents of the Houses in the exercise of their functions (with particular regard to the organization of the Hosue’s proceedings)
   - all parliamentary groups are proportionally represented
5. vice-presidents: stand-in for the President of the House when they can’t exercise their powers
6. secretaries: organization powers (proceedings)
7. “questori”: enforcement of the Internal Standing Orders

Question 7

Conferences

Answer 7

1. conference of the presidents of the Parliamentary Groups:
   - chaired by the President of the House
   - with the participation of the government (usually the Minister for the Relations with Parliament)
2. the conference drafts that agenda of the proceedings of the House (“ordine del giorno”)
   - priorities declared by the Government
   - priorities declared by the Presidents of the Parliamentary Groups
   - sets time-slots guaranteed to the oppositions (minorities) to exercise their role (legislation, control)
   - the agenda of the proceedings usually must be adopted by a unanimous vote of the Conference. If the vote is not unanimous, the House will decide on possible amendments to the agenda.

Question 8

Commissions + Giunte

Answer 8

1. Parliamentary Commissions:
   - internal articulations of the Houses: the plenum cannot analyse all of the matters in an efficient way, therefore there are specialized Commissions (budget, foreign affairs, constitutional, legislative, …)
   - composed by a fixed number of the MPs, that reflect the proportions of the Parliamentary Groups
2. Permanent Commissions: specialized on a specific matter (e.g.: budget, constitutional affairs, european affairs, justice, defence, labour)
   - legislative powers
   - control powers
3. Temporary Commissions: craeted ad hoc (and temporarily) to assess a specific issue (inquiry)
4. Parliamentary Committees (giunte)
   higly specialized internal bodies that guarantee the internal autonomy of the Houses, by deciding on sensitive matters concerning their composition, functioning or the status of their members:
   - internal standing orders committee
   - elections committee
   - immunities committee
   Composed by a fixed number of MPs, that reflects the proportions of the Parliamentary Groups

Question 9

“Each member of the Parliament represents the Nation and carries out their duties without a binding mandate” (art. 67) (relation with political parties)

Answer 9

• each MP represents the entire Nation
• prohibition of “binding mandates”: prevents the MPs from having too close “legal” ties with the electorate and/or the party-parliamentary group
• MPs cannot receive money or any other utility by third parties as a reward or retribution
• the MP may be expelled from the party and the parliamentary group (according to its internal rules= but still maintain their seat in Parliament
• any resignation signed “en blanc” by the MP is void
• the party cannot legally (contractually) “force” its elected MPs to vote in a certain way: MPs are “shielded” from their own parties and hence can “rebel” in one or more votes or even leave their party’s Parliamentary Group
• representatives answer “only” to the represented

Question 10

“Members of Parliament cannot be held accountable for the opinions expressed or votes cast in the performance of their function” (art. 68)

Answer 10

1. immunity: shields the votes and opinions expressed by MPs during the mandate even when the mandate is over (perpetually)
   - intra moenia= activity inside the Parliament
   - extra moenia= activity outside the Parliament, but only if they are connected to the MP’s functions
2. allows MPs to fulfill their constitutional role and exercise their powers without fear of repercussions
3. MPs can invoke art. 68 before any Court
   - if the Court accepts the immunity defense, the MP does not have to answer for the opinion expressed
   - if the Court rejects the immunity defense, the MP must answer for the opinion expressed. The Court transmits the dossier to the MP’s House (the dossier is evaluated first by the Immunities Committee and then by the House). The House can give or deny its authorization and the Judiciary must comply (possible conflict between constitutional powers)

Question 11

Authorization “leave” art. 68

Answer 11

1. MPs cannot be submitted to personal or home search, nor may be arrested or otherwise deprived of their personal freedom, nor held in detention without a proper leave approved by their House (unless there is final criminal judgement or in case of flagrante delicto)
2. leave necessary also to monitor an MP’s communications, or to seize their mail
3. it applies for any crime committed by the MP before and during the mandate, but it is limited to the time of the mandate
4. until the Constitutional reform of 1993, leave covered the existence of a criminal trial
5. during the preliminary investigations or the trial, the judiciary submits a request for authorization to the MP’s House:
   - the request (and the dossier) are evaluated by the Immunities Committee and then by the House, that may deny or give the leave by an open vote
   - (in theory) the Committee and the House must only rule out the “fumus persecutionis”
   - the Judiciary must comply with the decision of the House (possible conflict between powers)

Question 12

Allowance “indemnity” (art. 69)

Answer 12

• MPs are entitled to an allowance established by law
• compulsory (it must be established)
• connected to the MP’s free mandate (protection from external undue influences), the decency of the parliamentary position, and to the need to give everyone a chance to be elected (notwithstanding their economic situation)
• gradually reduced over the years