The Italian amnesties

In the United States a special committee of the U.S. Department of Justice released thousands of inmates who were detained for drug crimes in order to reduce the overcrowding of the federal jails. The decision was predictably criticized. In Italy, amnesties used to be routinely granted: there were 30 from 1942 to 1990. In 1992, under … Continue reading →

The power of the Italian Government to legislate by decree

When it was born, Italy inherited the Sardinian-Piedmontese Constitution, according to which any law needed to be passed by the Parliament and then sanctioned by the King, who had a power of veto. The practical application of the Constitution was partially different. The King seldom refused to sign into law a bill approved by the … Continue reading →

The legislative power of the Italian Government

The separation of powers is supposed to be something very neat and simple: the Parliament legislates, the Government enforces the laws, the Judiciary enforces the laws as well, but from an impartial position and (at least ordinarily) only after a controversy between two or more parts has begun. Of course, the reality is different, and … Continue reading →

The Italian judges’ parliament

The first Italian Constitution, the Statute of the Kingdom of Piedmont, ensured the independence of the judiciary. However, it was a weak constitution, since it could be simply ignored by the Parliament. Therefore, the fascist Government easily took control of the judiciary amending the laws in force and increasing the powers of the Minister of … Continue reading →

Renzi’s electoral law gets green light

Despite some malaise in Mr Renzi’s Democratic Party, its National Directive overwhelmingly approved the new secretary’s proposal for a reform of the electoral law and of the Constitution. Many members of the Party, including President Gianni Cuperlo who even stormed out of the meeting, were unhappy of the deal between Mr Renzi and Mr Berlusconi … Continue reading →

Could Berlusconi become executive President of Italy ?

The Italian President is currently elected by the Parliament for a seven-year term. His functions were supposed to be mainly ceremonial, but in the last years the economic crisis, coupled with the traditionally unstable Italian politics, strengthened the presidential powers. The Italian main parties are now discussing the possibility to sanction this situation by amending … Continue reading →

Berlusconi like Abe Lincoln ?

In addition to her new Government, Italy could get a Constitutional Convention tasked with amending the Italian Charter, dating back to the Forties. It is not such a long time, the Constitution of the United States was adopted in 1787, and the British unwritten Constitution comes straight from the Middle Ages. However, there is a … Continue reading →

Should the Italian Parliament work without a Government ?

  There is only one thing on which all the Italian political parties agree: the need for reforms. Reforms, of course, require new laws. And that is exactly the problem. In the Italian Parliament, Bills are debated first in the Committees and then in the plenary assembly. Until now, it was assumed that the members … Continue reading →

Italy’s provisional constitutional order

  Italy had a provisional constitutional order between 1943 (when the fascist regime fell) and 1948 (when the current Constitution entered into force). By theory, nothing like that is happening right now, but certainly President Napolitano is using some very innovative tools to keep the Italian Republic going. The incumbent Government headed by Mr Mario … Continue reading →