Riassunto esame Fundamental rights, Prof. Cossiri Angela Giuseppina, libro consigliato The Constitution of Italy. A Contextual Analysis, Lupo Cartabia

Fundamental rights: lesson IV

The president of the republic

Heads of state in the EU:

• 6 Monarchies in the EU Member States (Belgium, Denmark, Luxembourg, Sweden, the Netherlands, Spain). Monarchs do not exercise absolute power.
• Marginal role because democracies (even though the Head of State is not elected)
• 21 Republics

Distinction between formal government and formal state

• 1 fully Presidential form of Government: Cyprus (Head of State and Government)
• 20 Member States: parliamentary or popular election

Where Heads of States are directly involved in the government activities, there is a specific situation in which the form of government is regarded as:

Semi-presidential (France)

Presidential FoG

• President = Head of State directly elected by the people (universal suffrage)
• No vote of no confidence by the Parliament
• Chair and lead their own Government (all members are appointed by them)

A typical example of Presidential Government is offered by the U. S.:

• Congress (Senate + House of Representatives) → legislative power (+impeachment)
• PoUS: exercises executive power → veto power (qualified majority to overcome)

There are two instruments by which the President and the Congress can influence each other:

• The Congress can impeach the President, and he can express a veto, that can be overcome by a qualified majority

Semi-presidential FoG

• President = Head of State directly elected by the people (universal suffrage)
• No vote of no confidence, but they rule through the Government (appointed by them)
• The Government shall have the confidence of the Parliament

The relation of confidence is established between the Government, appointed by the President, who is elected by the government, and the Parliament elected by the people. An example is offered by France.

Head of the state in parliamentary FoG

Elected by the Parliament (indirect election). In Parliamentary Form of Government, the President of the Republic may play different roles:

• Merely symbolic and ceremonial role
• Leading figure – influential and powerful

Over time, Italian Presidents have vested both roles. The powers of the Republic President are strongly influenced also by the political situation. For example, when political parties are unable to reach an agreement, a simple majority, the President can assume a leading role in forming the Government by appointing a technocratic government. This eventually happened in 2021, when Mario Draghi, president of the ECB, was appointed by the President of the Republic since political parties were unable to form a government.

Italy - Election