Parliament The Organization of the Chambers The Double-chamber System The Italian parliament is divided in two assemblies: the Senato della Repubblica (the Senate of Republic) and the Camera dei Deputati (Chamber of Deputies). The Assemblea Costituente was influenced by at least two factors when it decided for an assembly with two chambers. On the one hand it was considered opportune to establish political representation on a balance of power guaranteed by discussion between two assemblies, both of which derived their democratic legitimacy from direct election. On the other hand a procedural consideration was paramount as two chambers allowed for a major `reflection' in the execution of their functions and imposed a need for co-ordination that ought to secure at least two successive phases of debate. Constitutionally the powers of the two chambers are equal and do not represent distinct social interests. The difference between them is so slight that it is possible to speak of an almost `perfect' double-chamber system. The major difference between them is the functional co-ordination of the two assemblies. Various institutional parliamentary reforms have been proposed to speed up their flow of work, which is often subject to procedural obstacles. Proposals have been made to introduce a single-chamber system, to drastically reduce the components of each assembly, or to introduce a form of specialization in the work with a more efficient co-ordination between the two chambers and their internal divisions. The Parliament in Common Session Where the structure of parliament is concerned a general observation can be made that the chambers usually follow their own distinct functions. Only in particular cases, specified by the Constitution, do the two chambers unite in common session. The latter occurs for the election and swearing in of the President of the Republic, for the election of the constitutional justices (5 of which are nominated by parliament), for the election of a third of the members of the Consiglio superiore della magistratura and for the indictment of the head of State, the president of the council and the ministers. When it is necessary for the two parliamentary chambers to unite they sit together in the Camera dei deputati at Montecitorio. The Double-chamber Commissions The two assemblies also utilize a system of interchange and co-ordination through double-chamber commissions. These are composed of deputies and senators in equal numbers and correspond proportionately to the size of the different parliamentary groups. Double-chamber commissions are used for enquiring into cases of accusation, for directing and controlling the radio and television services and for intervening in the Mezzogiorno (Southern Italy), as well as for other controls and enquiries specifically set up by parliament. The Senate of the Republic Under the Republican Constitution the Senate is an elected body, unlike when under the monarchy it was appointed by the king according to the the provisions of the Statuto albertino. It is elected, every five years, on a `regional basis' by uninominal colleges or electoral bodies, with the use of regional proportional representation if no candidate succeeds in receiving the necessary 65% of valid votes. The Constitution has fixed the number of senators at 315. To this number are to be added former presidents of the republic and senators, up to five, nominated by the presidents in office. These last are chosen among those citizens who have made an outstanding social, scientific, artistic or literary contribution to the country. The Chamber of Deputies Like the Senate, the chamber is elected every five years. It is chosen by universal, direct, secret vote according to a proportional system of plurinominal colleges. The number of deputies is fixed at 630. For the election of deputies, Italy is divided in 32 electoral constituencies, each one having a number of deputies equal to the division of the entire population (based on the latest general census figures) by 630, the seats being assigned in accordance with the population of each constituency based on whole electoral quotients and the highest remainders. Parliamentary Regulation The work of the parliamentary assemblies and the internal organization of the chambers are regulated by approval expressed through absolute majority votes made independently in each chamber. Parliamentary regulations for both the Chamber of Deputies and the Senate were established at their first election, largely reflecting those foreseen by the pre-Fascist parliament, and underwent a widespread institutional and procedural reform in 1971. The Officials Each chamber elects from its members the president of the assembly and his office officials, consisting of vice-presidents, quaestors and secretaries. The presidential office contains representatives from the different parliamentary political groups. The president carries out important representational duties, as well as organizing and di recting the work. He has a duty to ensure that the chamber over which he presides functions efficiently and that parliamentary regulations are respected. In the accomplishment of these tasks the president is assisted by the other members of his office and parliamentary functionaries. The Parliamentary Groups The senators and deputies must declare to which parliamentary group they intend to belong. Any political group consisting of at least ten senators and twenty deputies has the right to be represented in parliament. The president of either chamber may also authorize the constitution of parliamentary groups composed of a smaller number. If there are not sufficient numbers to form an independent group, individual senators and deputies not adhering to any established group, are entered in a mixed group. These groups then feature as representatives of political factions within the sphere of parliamentary institutions. They form important elements in both organizing the work of the assembly and that of its commissions. Furthermore, it is consultation among the leaders of these groups that selects the programme of work and its calendar. In fact, the required unanimous agreement between groups is seldom reached and the agenda frequently has to be fixed by the presidency. The Permanent Commissions Much parliamentary work is carried out by commissions that are internal organs of both assemblies. The composition of these parliamentary commissions reflect the proportions of the political groups represented in the assembly. These permanent commissions are formed at the beginning of the legislature and can make laws and exercise control over policy andi nformation in their respective fields. Session of the Chambers The parliamentary chambers hold ordinary and extraordinary sessions on the summons of the president. By law the sessions of the plenum are held in public. The public, guests and representatives of the press may watch from thea ppropriate reserved areas. For a session to be valid the necessary legal number must be present, normally this is presumed to be the case except where a request is made for verification or when voting is involved. The work of parliament and its commissions is subject to ample scrutiny, not only through sessional reports supplied by parliamentary functionaries and the public right to attend the assembly but also through the use of closed-circuit video for commission proceedings. In addition, numerous journalists are accredited to parliament. The Guarantees Underlying and Ensuring Parliamentary Liberty and Independence The Prohibition of the Imperative Mandate The relationship between the parliamentary member and the political part from whose electoral lists he has been elected is complex and attempts at simplification can be misleading. The Constitution confirms the classical parliamentary principle that members of the chambers represent the nation and exercise their functions without mandatory restrictions. Parliamentary members are therefore neither the representatives of their electoral colleges nor the mandatories of the political party to which they adhere. The Party Restrictions Nevertheless, modern political representation is characterized by the interchange between the parliamentarian and his particular party in the context of the influence exercised by political forces in the democratic state. So it is that the constitutional principle mentioned above has only resulted in a judgement of inadmissibility where cases of individual parliamentarians coming into disagreement with their own political parties have been concerned, even in the event of such a drastic political fracture as the splintering of a group. The structural weakness of the electoral-party-parliamentary group system and the uncertain boundaries of the political responsibility involved suggest the need for further reflection on this type of political representation and on the constitutional dynamics involved in the actual relationships between public institutions. Ineligibility and Incompatibility The law establishes the cause for parliamentary ineligibility and the election of any such candidate is invalid. Causes of ineligibility are: the holding of certain offices (eg. regional councillor, president of a provincial administration, mayor of a commune with more than twenty thousand inhabitants, chief of police, prefect etc.); and being a member of the legal profession who acts for a foreign state or a private firm that has business dealings with the state. Parliamentary Immunity Members of the chambers cannot be prosecuted for the opinions expressed and the votes given in complying with their mandate, nor can they be subjected to restrictions on their personal liberty other than in the case that a parliamentarian is caught in the very act of committing a crime. In order to make an arrest, carry out a search or any other penal procedure whatsoever involving a member of parliament, the investigating authority must first request the authorization of the chamber to which the parliamentarian belongs. Every request for permission to proceed against one of its own members is examined by the relevant chamber, assisted by a `junta' drawn proportionately from all the political groups. This junta can also decide to shelve the case without reaching a vote of the plenum. Formation of Laws, Political Control and other Functions of the Chambers The Legislative Function Since the institution's earliest origins a typical function of parliament has been that of legislating. So it is in today's constitutional State that the legislative function prevails over the other parliamentary attributes. As set down by the Constitution, the legislative function in Italy is exercised by both chambers. Proposed laws must in fact be approved in the same form by both chambers independently. Any modifications proposed by one assembly must be discussed and voted on by the other. This `shuttle' continues until a single text emerges. The Constitution lays down two procedures: an ordinary legislative, one for the approval of formal laws and one supplemented by constitutional revision for the approval of laws modifying the Constitution. The latter case involves a more complex procedure and can also include a direct appeal to the electorate by way of referendum. Procedure for the Passing of Ordinary Laws The right to propose laws is enjoyed by different categories: the government, who must debate the form of the law in the Consiglio dei ministri and obtain the authorization of the President of the Republic, through presidential decree, to present it in parliament; members of parliament, each one of whom can promote a legislative proposal; regional councils; the Consiglio nazionale dell'economia e del lavoro for matters involving the economy and employment; and, finally, a group of 50,000 electors. All of these complying with the specified form. The president of the assembly assigns the proposed law to the relevant parliamentary commission. It can be approved by ordinary procedure or by a decentralized procedure in commission. In the former case the commission examines the text during `a referral sitting' and forwards it to the chamber for approval; in the latter case the same commission considers the proposal's merits, without a vote being taken in the chamber. When this procedure is used the approval given is known as `in legislative or deliberative sitting'. After the law has been approved by the two chambers it is promulgated by the President of the Republic, whereby he makes manifest parliament's passing of the law, orders its publication and demands its observation. The law is then inserted in the `official collection of the laws and decrees of the Republic' and published in the Gazzetta Ufficiale. Usually the law enters into force on the fifteenth day after its publication, unless specified otherwise in the text itself. From that moment the law must be obeyed and ignorance of it cannot be used as a defence, according to a principle of criminal law that is also applicable to all juridical norms. Political Control and the Chambers' Functions Parliament exercises important functions of political and financial control over the government and public administration. The executive's activities, through the use of the parliamentary vote of no confidence, are subject to a careful political check. The Constitution specifies that if a `motion of no confidence' in the government is carried then the executive must resign, in this way parliament can revoke the confidence accorded to the government in the act of its investiture. However, in the actual functioning of the constitutional model, parliament does not make use of this formal instrument to force a confrontation between majority, opposition and government. This is because `crises' are almost always provoked by political relations within the majority coalition. The phases that precede the resignation of governments and the motions that determine them must be seen within the context of the role played by the political forces of the majority and their leaderships, rather than in the institutional relationships between the majority and the opposition in parliament. The chambers' function of political control is further reinforced by powers to enquire and obtain explicit information both through the appointment of public functionaries and experts and through fact gathering hearings undertaken by commissions. A particularly important element of financial control is exercised by parliament having to give some acts formal approval. Among these is the state balance, consisting of the estimated budget, the final balance for the previous year and the finance laws. In addition, it debates numerous economic and financial reports and declarations presented to parliament by the presidente del consiglio and the leading economic ministers: ministro del bilancio, ministro del tesoro and ministro delle finanze.