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The Figure and Role of Head of State in the Constitutional
Model
The President of the Republic represents the nation's political
unity and `guarantees' the constitutional powers. By the power of his message
the President of the Republic is able to influence political and institutional
direction, both within the institutions and the country at large.
The
President has an important role as guarantor and political mediator when a
government is being formed following a cabinet crisis. When he is convinced of
the lack of `governability' the President of the Republic is also able to
dissolve the chambers early and call an election. The Head of State therefore,
in the Italian constitutional model, is charged with ensuring that the
constitutional rules for the ordering of political and constitutional relations
between the powers of the State are observed and with intervening to resolve any
resulting institutional crises.
The Election of the President of the Republic
The President of the
Republic is chosen from those citizens who possess civil and political rights
and are at least fifty years old. The Constitution provides for this election by
a special electoral college composed of the two parliamentary chambers, sitting
in common session and joined by three representatives appointed by each regional
council, with the exception of the Valle d'Aosta which is only entitled to one.
Secret ballot is used and the successful candidate is elected by a two-thirds
majority of the assembly in the first three votes or at least an absolute
majority after the third round.
Presidential terms are for seven years and
may be renewed. Before entering office the president-elect takes the oath before
the joint-session of parliament and it is the custom on this occasion for him to
address the country. The position of President of the Republic cannot be
combined with any other high office or function. In the case of impediment the
duties of the President are temporarily assumed by the President of the Senate.
When the impediment is permanent, as well as in the case of death or departure
from office, the Presidente of the Chamber of Deputies must call new elections.
The Attributes of the President of the Republic
The Head of State
fulfills functions connected with all the constitutional powers of the Republic.
Where parliament and legislative procedures are concerned, the President
participates in the formation of laws by the `promulgation' and can send back
laws to the chambers for new consideration (suspended veto); he authorizes the
presentation of proposed government legislation; indicates political elections
and referendums; can ask for the extraordinary assembly of the chambers and, in
consultation with their presidents, can order dissolution; and, nominates up to
five life senators. In relation to the government and the executive function the
President of the Republic is responsible for nominating the presidente del
consiglio and, at his proposal, the ministers; he appoints, on the initiative of
the government and in those cases provided by the law, the state functionaries;
issues, after government deliberation, decrees having the value of law (legal
and legislative), as well as regulations; and accredits and receives diplomatic
representatives.
The Head of State command the Army forces, presides over the
Supreme Defence Council and declares the state of war resolved upon by the
chambers. The formal participation of the President of the Republic in the
exercise of several administrative functions should also be stressed: the
recognition of juridical appointments, dissolution of provincial and communal
councils, legitimization of natural children, decision on recourse to
extraordinary administrations and conferment of honours. In relation to the
powers of justice, the Head of State nominates five justices of the Corte
Costituzionale, presides over the Consiglio Superiore della Magistratura and can
grant pardons and clemency.
Political and Juridical Responsibilities of the President
All the
acts of the President of the Republic, including the exercising of his `own'
powers, must be endorsed by the relevant ministers or presidente del consiglio
so that, according to Article 89 of the Constitution, they thus assume the
political responsibility. Furthermore, the President of the Republic cannot be
removed from power on the grounds of political responsibility.
The only
political control to which he is subject is that of public opinion and not being
re-elected should he choose to stand. However, the force of political interest
and the mass media on the President of the Republic should not be undervalued.
The loss of political support, accompanied by unfavourable public opinion, can
lead to the President of the Republic leaving office. |
