The Formation of a Government and the Role of the President

The aim of the process is to form a Cabinet (Government) capable of receiving the vote of confidence by the Parliament (both the Houses). The role of the President of the Republic can vary according to the political system and the electoral system (a few constitutional rules with wide margin of maneuver). Where the political framework is more unclear and unstable, the powers of the President of the Republic become stronger and much more influential. Political forces and parties tend to rely on the president of the Republic.

Essential Bodies

• President of the Council: head of the Council
• Ministers: head of a branch of the public administration
• Council of Ministers: collective body comprising both the Ministers and the President

When the constitution states that the government has to perform something, it always implies the contribution of the council's ministers or the government. What these bodies have in common is the fact that they are helped by other administrative.

branches.

NON ESSENTIAL BODIES

Lots of non-essential bodies exist:

• Under Secretaries of State → It represents the Government in Parliament, acting as substitutes of Ministers. Ministers may delegate some functions concerning specific topics to these figures, but they also have a political role.
• Vice-minister(s) → substitutes of Ministers. They are merely vested with a political role. The main idea behind the appointment of these political figures is to give relevance to political parties with a relevant influence.
• Ministers (Ministri Senza portafoglio) who do not lead an entire ministerial organization, but a smaller structure (Departments of the Presidency of the Council). Even though these ministers share the same powers and functions of other ministers, they do not lead an entire ministerial organization, but they have a smaller structure. For example, they usually offer help to the departments of the vice-president of the council.
• Vice-President(s) of the Council.

are merely vested with political role

• Extraordinary Commissioners → temporary functions, coordinate different administrative bodies of the State
• Inter-ministerial Committees (by law) → collegial bodies

CONFIDENCE

Confidence is the crucial concept of a parliamentary democracy. It represents the grounds on which the relation between the Parliament and the government stand. Under Article 94 IC: The Government must have the confidence of both Houses. Each House grants or withdraws its confidence through a reasoned motion, which is voted on by roll-call. Within ten days of its formation the Government shall come before the Houses to obtain their confidence. Motion of Confidence shall be voted within 10 days from the formation of the Government. A Motion of Confidence is a motion of support proposed by a government in a parliament or other assembly of elected representatives to give members of parliament (or other such assembly) a chance to register their confidence in a

government. The motion is passed or rejected by means of a parliamentary vote (a vote of confidence).

• In public and by roll-call

At the beginning, when the relationship of confidence is established between the government and the parliament, the latter and all the representatives elected by the parliament must vote primarily in public. The vote is by roll-call: every single representative is called to declare if they support the government or not.

• Reasoned → political program of the government/majority (reasoned ob relationem)

Within these reasons, the political program of the government and the majority are included. During this process, the representatives may have an influence in the content of the program, by being against a point of that political program. The motion of confidence is usually reasoned by relationem: the motion recalls the speech that the President of the Council, appointed by the President of the Republic usually gives before one of the two houses of the government.Parliament after his election.In this case, a simple majority (highest number of the voters) is enough to establish a "Motion of Confidence". An absolute majority is not required. Absolute majority requires at least more than half of the votes of the members. (II) CONFIDENCE Motion of No Confidence Motion of No-Confidence is another kind of institution, which is regulated by the art. 94.5 of the Italian Constitution. It represents a means by which the relation between the Parliament and the government can be broken. Article 94.5 IC: A motion of no-confidence must be signed by at least one-tenth of the members of the House and cannot be debated earlier than three days from its presentation. The approval coming from at least one-tenth of the members of the House is a requirement to abolish unfounded votation on the decision to deliver a Motion of No Confidence. A motion of No Confidence has never occurred in Italian history (extra-parliamentary crisis- Prodi Cabinet in 1998 and 2008) Many

Motion of No Confidence have been proposed, but never approved. Indeed most of the crises concerning the government have always taken place outside the Parliament. Due to the diversity between political parties belonging to a specific coalition, it has always been impossible to reach a stable and coherent majority. Therefore in case of contrasts between political parties, the crisis occurred outside the Parliament and the situation was handled by the President of the Council. Just a couple of times, in 1998 and 2008, both during Prodi's mandate, the extra parliamentary crisis was somehow officialized within the Parliament with a vote on the confidence. However, this was not a Motion of No Confidence. A motion of No Confidence forces the government to resign. In other countries there is a specific rule of Constructive Vote of No Confidence (Germany). The main idea is that: if someone wants to advance a Motion of No Confidence, he has to propose another president of the Council. In Italy, this

Rule is not in force. It is a specific procedure.

Motion of No confidence in a Single Minister

This institution has been recognized, notwithstanding its controversial nature.

It has been applied just one time in all Italian history.

CONFIDENCE

Question of Confidence:

The question of confidence does not represent a motion made by the Parliament.

It constitutes a Procedural mechanism→ sort of blackmail of the Government to the Parliament on specific acts or votes.

This kind of mechanism is a source to compact all the courses and the representatives who formally support the government.

Same rules of the vote of no confidence:

• Roll-call

There are also some procedural defects, which are considered very important:

• Priority to the object
• Amendability and indivisibility of the text (2nd reading):

With amendability, the process of amendment of a law is stopped. Representatives are called to vote on the texts as it was previously proposed by the government.→ Maxi-amendments (e.g.

1. For budget law): We have a draft of law or another act. The government proposes a maxi-amendment on the old text. It usually makes a selection of the amendment proposed. Even if the maxi-amendment is discussed in front of both the Parliament and the government, at the very end it's written by the government.
2. A maxi-amendment to the Budget has been presented in the last few years.

NORMATIVE POWERS OF THE GOVERNMENT

There are two main acts that can be adopted by the Government. They belong to the same level of ordinary legislation that can be approved by the Parliament.

These constitute derogation to general rule according to which the legislative power is entrusted to the Parliament.

Since they are derogation, there are some conditions:

The relevant provisions in the Italian Constitution dealing with this topic are art. 76 and art. 77.

The art. 77 paragraph 1 and 3 disciplines Decrees Law, where as art. 76 is devoted to Legislative Decrees.

Decree-laws:(...)

Article 77 IC

When in extraordinary

cases of necessity and urgency, the Government adopts provisional measures having the force of law (ordinary law). It must, on the same day, present said measures for confirmation to the Houses, which should confirm or reject this provisional measure within 60 days. Even if dissolved, the Houses shall be summoned especially for this purpose and shall convene within five days. The decrees lose effect from their inception if they are not confirmed within sixty days from their publication. The Houses may, however, regulate by law legal relationships arising out of not confirmed decrees. In extraordinary cases of necessity and urgency, the Government is capable of exercising a certain degree of legislative power. However, the constitution establishes some limits. According to the general rule, the legislative power is entrusted to the Parliament. This power is recognized only in extraordinary and necessary cases, which require a solution as soon as possible. In these cases, the Government can issue decree-laws immediately.

force for 60 days

COUNCIL OF MINISTERS:

Enacted by the PRESIDENT OF THE REPUBLIC

Conversion into law→ Within 60 days (amendments)

PARLIAMENT:

Within this procedure of conversion, there is the possibility for amendment by the representatives of both the Chamber. This is due to the legislative nature of this procedure.

Conversion law: Promulgated by the PRESIDENT OF THE REPUBLIC + published on the OFFICIAL GAZETTE

Legislative Decrees:

Article 76 IC

The exercise of the legislative function may not be delegated to the Government unless principles and criteria have been established and then only for a limited time and for specified purposes.

Parliament has the power to delegate the exercise of the legislative function to the government for a limited period. Subject to strict compliance with the principles and guidance that Parliament outlines, the government can issue decrees that have the force of ordinary laws (legislative decrees).

If not converted within 60 days: lapse and retrospectively lose

its effect-Intense use in practice-'Reiteration': unconstitutional according to Constitutional case law-Abuse of decree-laws persistent over the years (see last reasoned message by PoR)

Procedure: Delegation law (Parliaments establishes principles and criteria, according to which the PARLIAMENT Government will adopt a legislative decree + object + limited time): The Government approves Legislative decree, which has the same force of COUNCIL OF MINISTERS ordinary law. Enacted by the PRESIDENT OF THE REPUBLIC + published on the OFFICIAL GAZETTE

Possibly Corrective Decrees

Since the delegation law is called to establish principles and criteria, besides the time for exercising the legislative power, the legislative decree must be coherent to the delegation law.

The difference between the two governm