Public law 18- President of the republic Flashcards
Define who is the president of the republic
a constitutional body holding offices related to the proper functioning of the state’s fundamental powers
what are the eligibility requirements(under the Italian system) to be a president
- be at least 50 years old
-fully own all the political and civil rights
-have Italian citizenship
how is the president elected?
elected by the house’s plenary session supported by 3 delegates from each regional council
how long is the presidential office term
7 years
electing the president of the republic requires a specific majority to reduce the chance that 1 particular political majority would win
1) a qualified 2/3 in the first 3 ballots
2) a majority of voters
in case the president cannot perform his functions
the president of the senate takes over
What are presidential functions
-legislative
-executive
-judiciary
describe the president’s legislative power
1- claims the elections of the houses
2- clearance of the government bills
3-promulgate statutory laws
describe the president’s executive power
-appoints the president of the council of ministers and the ministers
-enacts decrees having the force of law and government’s regulations
-ratifies international treaties under the vote of the houses
describe the judiciary power of the president
-chairs the superior council of the judiciary
What is one of the most important prerogatives of the president’s status
the lack of responsibility in performing. the presidential office (except presidential crimes)
Requirements of presidential acts
presidential acts are signed by the prime minister because they require a double signature
presidential decrees may be differentiated into
1- formally presidential yet substantially governmental acts
2- formally and substantially presidential acts
3- formally presidential, substaintially shared
1- formally presidential yet substantially governmental acts
examples:
-acts having the force of law and executive regulations
-appointment of particular senior civil offices
2 formally and substantially presidential acts
eg -appointment of the 5 judges of the constitutional court
-appointment of life senators
3 Substantially shared acts(according to the president and the government’s will)
1- appointment of the prime minister
2- dissolving of the chambers
What are the presidential crimes that make a president unliable to rule
1- High Treason: intentional behavior that damages the interests of the republic
2- attempting to overthrow the constitution: violation of. constitutional norms.
process of impeachment
- prelimanary investigation
- either dismissing order or
2.reports to the parliament about alleged prosecution - judgement of the constitutional court
- conviction or acquittal
in the court there are 3 steps to judge
- investigation: carried out by the president of the court
- debate: evidences
- decision: acquittal or conviction