Mistrust and cut of parliamentarians, but is it possible?

Salvini "now he is sorry, but now the omelette is done. Everyone is the creator of their own destiny. Good luck!". Deputy Prime Minister Luigi Di Maio writes it on Fb. “On August 20, we Ministers of the 5 Star Movement will be alongside Giuseppe Conte in the classroom to support him against the distrust of the league. We are waiting for them at the gate! " adds Di Maio. Salvini “has now also asked to discourage the government of which he still belongs, given that he has not resigned. On this too, days ago he thundered 'we are ready to resign all, you will see…'. Five days have passed but they are still all there attached to their seats ... It must be convenient, obviously, to have the blue car and state flights while campaigning on the beaches! " always writes the head of the pentastellati.

Salvini yesterday interviewed by SkyTg24 spoke of "friends" grillini and just wanting "yes". Probably with an important reshuffle, the distrust of Giuseppe Conte could also be withdrawn and then voted on the 22nd on the legislative measure for the cut of parliamentarians. It 's just a guess, considering the tones of the leader of the Northern League. The fear of seeing Renzi, Boschi and Lotti in the saddle is making Salvini sleepless nights also because just the day before yesterday a new Piepoli survey sees the league even between 37 and 40 percent, with the 5 Stars still attached to the pole by 16-17 percent.

But while wanting to go ahead with the motion, is it possible to vote for the cut of the parliamentarians?

Here the clash between jurists and constitutionalists. Many are interpreting article n. 4 of the bill and argue that you can vote the "no confidence", you can vote on the law and then you can also go to the vote. The effects of the Law (parliamentary 345 cut), however, would come with the legislature subsequent to that which would be formed after the elections.

Very interesting, in this regard, is the interview that the Agi did to professor Alfonso Celotto Professor of Constitutional Law e Right public compared to the Roma Tre University.

"It seems to me that it is not possible to mix the cut of parliamentarians with the government crisis and the vote, because they are autonomous and parallel paths ”. The time frame for the constitutional reform is long: "It takes at least three months to wait for the referendum request and at that point if it is requested serve almeno another six to eight to be voted. Then è it is absolutely irreconcilable to think of staying on a constitutional reform for a year and meanwhile freezing the crisis. They are absolutely parallel and autonomous paths".

The other question è that the 20 August Conte will go to the Senate, while for the 22 the vote on the constitutional reform is scheduled in the Chamber. È a technically possible thing to vote for a reform after the formal start of the crisis? "The interference between the two procedures can be maintained up to a certain point"Observes Celotto.

"Once the Chambers are dissolved all the unapproved bills are lost, so if the constitutional reform non è definitively approved by both branches of parliament lapses. Therefore è rather absurd to vote for the approval of the constitutional reform if there isè distrust. However - notes the teacher - there isè to take into account that even the approval of a possible motion of no confidence in the Conte government does not directly involve the vote, but the formation of a new government. Italy è a parliamentary republic and therefore discouraging a government does not in any way automatically entail going in elections".

"The people elect the chambers and in the popular vote there is noè no indication of what the government should be. It is the presidential republics that choose to vote who will be the president of the government, an example for all the United States of America. So if a parliamentary government like the Italian one falls you can always find a government different and then the elections are the last instance. Do you remember what happened in the 1994, when the first Berlusconi government fell, the one with the League, and President Berlusconi asked for a vote? President Scalfaro instead found another majority in parliament and the Dini government was born. This è typical of the parliamentary republics, in which è always a legitimate government voted by parliament because the popular vote è only indirect with respect to the formation of government".

Cutting of Parliamentarians, useless and demagogic

Entering into the merits of the reform on the cutting of parliamentarians, what can be said? È a predominantly demagogic law, as reported by the Pd, or a necessary thinning of privileges, as claimed by the M5s that è the author? "The cut of parliamentarians è a fairly incomplete reform ”stresses Celotto. “The constituent assembly chose a high number of parliamentarians in order to provide a broad representation in the parliament of Italian pluralism. Surely over the years this number is è revealed to be excessively high, perhaps a thousand parliamentarians are not needed and half are enough, but at this point we must really ask ourselves about the form of government, and therefore understand whether è still the time of a perfect bicameralism or even if going to a presidential republic. All this - the expert points out - must be done with a more organic reform ".

"Moreover, the more organic reforms of the second part of the Constitution are a topic of discussion since the 1982-85, so from almost 40 years. At this point, cutting only the parliamentarians seems to me a rather useless and demagogic reform. It should also be considered that the number of parliamentarians has important interrelations with other points of the Constitution, for example the election of the President of the Republic, where there are regional delegates. Decrease the number of parliamentarians - concludes Celotto - without assessing the incidence of the  regional delegates in the election of the Head of State increases the importance of the  delegates regional without a coherent picture. In my opinion, not è a correct reform but è a reform just to show that yes è did something ".

The opinion of the lawyer Giuseppe Palma


Mistrust and cut of parliamentarians, but is it possible?