Lecture 14

Question 1

Government: composition

Answer 1

1. the govenrment is mainly vested with the executive power, but it also holds relevant legislative and political powers
2. not directly elected by the people (parliamentary form of government): the government is appointed by the President of the Republic (art. 92 Cost.)
3. indirect legitimization: the governmnet must always have the confidence of the Parliament (of eahc of the two Houses of Parliament)
4. the government is a “complex” constitutional body, composed by three separate constitutional bodies (art. 95 Cost.)
   - President of the Council of Ministers (monocratic)
   - Ministers (monocratic)
   - Council of Ministers (collegial: composed by the President of the Council and by the Ministers)
5. in the proceedings of the Constitutional Assembly: debate on the government’s configuration (historical context). Different schools of thought
   - monocratic principle
   - collegial principle
   - intermediate solution

Question 2

Government’s composition: President of the Council of Ministers

Answer 2

1. “directs and holds responsability for the general policy of the government” (art. 95 Cost.)
2. the President of the Council “nesures the coherence of political and administrative policies, by promoting and coordinating the activity of the Ministers” (art. 95 Cost.)
3. ambiguous constitutional language: can be read to justify both the monocratic and collegial theories
4. in practice “swing model”: the PotCM holds a position of constitutional “primacy” (but not of constitutional supremacy) within the government. Sometimes with a stronger “political leadership” (e.g.: “seconda repubblica”), sometimes as a mere “primus inter pares” (e.g.: “prima repubblica”)
5. the PotCM is supported by the presidency of the Council of Ministers: a national public administration organized (personnel, buildings, budget) in General Secretariat, Departments, Offices
6. represents the government in (political) relations with foreign institutions, with other constitutional bodies, with the regions and with the public opinion
7. summons and chairs the Council of Ministers
8. can temporarily (ad interim) claim the functions of a vacant Ministry
9. can suspend the acts of Single Ministers, sending them back to the Council of Ministers

Question 3

Government’s composition: Council of Ministers

Answer 3

1. defines the general policy of the Government
2. exercises the main constitutional powers of the Government:
   - legislative: proposes and brings to the Parliament bills (“disegni di legge”) to bring forward its political agenda– they are to be voted
   - direct constitutional review of regional Acts
   - agreements with the Regions and religious confessions
   - political agenda– generally established by the President of the Council of Ministers as “political leadership”
   - question of confidence
   - appointments of some- higher- State’s officials
   - substitutive powers towards the Regions in the cases envisioned by the Constitution
3. the Ministers are collectively responsible for the acts of the Council of Ministers (art. 95 Cost.)
4. can be trialed by ordinary courts, given necessary authorisation provided by one of the two Houses

Question 4

Government’s composition: Ministers

Answer 4

1. Ministers with portfolio: responsible for the Affairs of their specific Ministries (e.g.: Justice, Agriculture, Univeristy, Foreign Affairs, Interior, etc.)
2. Ministries: national public administrations organized (peronnel, buildings, budget, etc.) in Departments/ Directions and Offices
3. Ministers without portfolio: responsible for the affairs delegated to them by the President of the Council for Ministers (Ministers without Ministry)
4. Ministers promote, coordinate and supervise the bureaucratic activity (personnel, buildings, budget, etc.) of their Ministries (Ministers with portfolio) or of the Presidency of the Council of Ministers with regard to their delegated functions (Ministers without portfolio)
5. link between political powre and public administration (executive power, implementation of the government’s policies and political agenda)

Question 5

Government’s composition: other governmental bodies

Answer 5

1. vice-president of the Council of Ministers: steps-in (only temporarily) for the PotCM in case of absence of impossibility to exercise their functions. A mainly symbolic (political) role. Typically the election of vice-president(s) happens for political reasons, for giving more prominent titles to minor parties of the political coalition,
2. under-secretaries of state or vice-ministers: support “their” Minister, by supervising specific sectors and activities of the Ministry. They can represent the governmnet in Parliament, in official meetings and before the public opinion, under the directives of “their” Minister. They are appointed by the president of the Republic upon request of the PofCM and the Minister he will assist. Two pivotal vice-ministers:
   - Under-Secretary of the PofCM
   - Secretariat General of the Presidency of Ministers
   They are both the closest collaborators to the PofCM and provide political and legal advice
3. inter-ministerial committees: created to coordinate some specific cross-ministerial activities, for which two or more ministries are competent, needed to implement specific public policies (e.g.: economic development/ environment).
   - They are institued by Decree of the President of the Council of Ministers.
   - They examine questions on directives and adopt definitive decisions that shall have effect in the legal system
4. cabinet council: supports the PotCM in its activities of political coordination of the government; typically filters and examines the decisions tabled in the Council of Ministers. Participation restricted to some (“important”) Ministers. Implemented in the 80s, now discontinued
5. government’s high commissioner (“extraordinary Government Commissioners): appointed for specific affairs (e.g.: pandemic emergency)– administrative national bodies normally of temporary existance. They are usefull in those subject matters where the bureaucracy’s organization is not suitable and there’s need for higher autonomy.
6. ministers without portfolio: ministers elected at the moment of the government’s insediation or after. They are ministers without ministries that are appointed mostly for the same political reasons as for the vice-presidents, but it happened that they became or crucial importance, so to create a new Ministry. Ministers without portfolio possess powers only through delegation of them by the President of the Council of Ministers

Question 6

Government’s formation and crisis

Answer 6

1. the formation of the govenrment is composed of 4 phases (2 expressly regulated by the Constitutino, 2 deriving from constitutional conventions/ praxes)
   - consultations
   - pre-appointment/mandate (“incarico”)
   - appointment
   - oath of office
2. the formation of the government must comply with 2 fundamental principles
   - the government must have the confidence of the Houses
   - the government is a necessary, non-intermittent constitutional body

Question 7

Government’s formation and crisis: consultations

Answer 7

1. the formation of the government starts in the aftermath of a government crisis
2. the president of the republic holds formal hearings in which they consult with those entities/ bodies that could contribute to the solution of the crisis
   - presidents of the Houses
   - former presidents of the republic
   - parliamentary groups’ representatives (and political leaders)
3. the president verifies the willingness of the political forces represented in Parliament to find a solution to the crisis (to support a new government)
4. after the hearings (which can be repeated more than once) the President of the Republic can:
   - dissolve the Parliament (anticipated dissolution): no possibly political majority, new elections are needed
   - explorative mandate (“mandato esplorativo”): unclear political situation, the PotR entrusts an institutional figure (usually the President of one of the Houses) with the task of continuing the hearings and then report back to them
   - pre-appointment/ mandate (“incarico”): probable political agreements supported by a majority in Parliament
   - pre-pre appointament/ pre-mandate (“pre-incarico”): a “precarious” mandate (possible, but not probable, political agreement supported by a majority in Parliament)

Question 8

Government’s formation and crisis: pre-appointment/mandate (“incarico”)

Answer 8

1. the President of the Republic gives a mandate (the task) to form a Government o a person that they believe will be able to catalyse the political parties willingness to form a parliamentary majority
2. the pre-appointed (“incaricato”) usually accepts “with reserve”
3. the pre-appointed directs and coordinates the negotiations between the political parties, aimed at finalizing a coalition agreement (composition of the political majority; political agenda; list of Ministers)
4. at the end of the negotiations, the pre-appointed reports back to the President of the Republic
5. if the negotiations were successful, the pre-appointed lifts the “reserve”: they will be appointed as President of the Council of Ministers in the next phase (appointment)– “with reserve” typically refers to the conditions of uncertainty and dependence of the mandate; i.e. whether the majority is possibly formed and with which list of Ministers
6. if the negotiations are unsuccessful the “reserve” is not lifted: back to the Consultations phase

Question 9

Government’s formation and crisis: appointment

Answer 9

1. proposal of the list of Ministers by the pre-appointed (“incaricato”) to the President of the Republic
2. the President of the Republic appoints the President of the Council of Minister (the pre-appointed) and the Ministers (counter-signature of the presidential acts of appointment by the new President of the Council)
3. powers of the President of the Republic: moral suasion or veto?

Question 10

Government’s formation and crisis: oath of office and confidence

Answer 10

1. the President of the Council of Ministers and the Ministers take the oath of office before the President of the Republic
2. the government’s formation is now completed: the new government’s formation ends, and the outgoing (previous) Government ceases its functions
3. the new government takes office with limited powers (current affairs and emergency situations; drafting of the government’s political agenda)
4. first meeting of the new Council of Members
5. appointment of the Undersecreataries of State by the President of the Republic, on the proposal of the President of the Council of Ministers and the approval of the Council of Ministers (they take the oath of office before the Presdent of the Council)
6. drafting of the political program (agenda)
7. presentation of the new government before the Houses for the vote of confidence (within 10 days): motion of confidence
8. if confidence vote is successful in both Houses: the new government receives “full political powers”

Question 11

Government’s crisis

Answer 11

= when a government resigns
1. the resignation of the President of the Council of Ministers equals to the resignation of the whole government
2. if a Minister resigns: they can be replaces
3. after resignation: the formation of the new government starts (crisis brings to consultations then to mandate, to appointment, oath, initial confidence and lastly crisis)
4. the outgoing government remains in charge with limited powers (emergencies; current affairs)

Question 12

Parliamentary crisis

Answer 12

= when a government loses the confidence of the Houses
1. unsuccessful vote on the (initial) motion of confidence
2. successful vote on a motion of no-confidence
3. unsuccessful vote on a question of confidence

Question 13

Non-parliamentary crisis

Answer 13

= when a government “spontaneously” resigns (while still having the confidence of the Houses)
- resignation of the President of the Council of Ministers for “political reasons” (“consensus” parliamentarism)
- “courtesy” resgination: after a general election following the “natural dissolution” of the Houses or after the election of a new President of the Republic
- death/ permanent illness/ etc.