The 5 Star Movement will propose theimpeachment towards the President of the Republic, Sergio Mattarella, while the League is already thinking about the future by proposing to change the current one Electoral law with the inclusion of a majority premium that guarantees governance after the next elections. Too bad that in both cases it is unfeasible proposals.
Between words and deeds the distance is once again sidereal and it will be difficult for Luigi Di Maio and Matteo Salvini to put their intentions into practice. The reason is obvious: the President of the Republic cannot be impeached because he takes a decision in the performance of his duties and in compliance with the Constitutional Charter and electoral reform cannot be carried out in a dissolved Parliament.
IMPEACHMENT IS A HOAX
“President Conte and the President of the Republic Mattarella will take care of the team of ministers”. Whose words are these? From Luigi Di Maio who, 5 days before proposing the impeachment of the President of the Republic accusing him of having prevented the formation of the new government, entrusted him with the task of choosing ministers. Not out of kindness, but because the Constitution provides for this.
In fact, article 92 of the Charter establishes that "The President of the Republic appoints the President of the Council of Ministers and, on his proposal, the Ministers".
Simply put, the Head of State is not a simple notary in charge of drafting a deed, but, as Mattarella himself underlined, "plays a guarantee role which cannot be taxed". In his role as guarantor, therefore, the President can oppose the appointment of a minister, something that has already been done in the past, on several occasions, by his predecessors.
With regard to the impeachment proposal instead, based on the provisions of the Constitution "The President of the Republic is not responsible for the acts committed in the exercise of his functions, except for high treason or an attempt on the Constitution. In such cases, he is impeached by Parliament in joint session, with an absolute majority of its members".
One may or may not agree with Mattarella's decision, but it seems rather paradoxical to claim that he acted outside the prerogatives entrusted to him by the Charter and even if some of us - like Di Maio - really wanted to believe it, it is very It is difficult, if not improbable, for the Constitutional Court (which has the last word in the event of Parliament's approval) to decide to actually endorse the impeachment of a President who said No to a minister.
ELECTORAL REFORM BEFORE THE ELECTION
“The only serious possibility of going to the vote quickly, with an electoral law that rewards those who get an extra vote, is to start from the current electoral law and enter a majority bonus to whoever takes one more vote”. In this case, it is difficult to blame Matteo Salvini given the ungovernability, widely foreseen among other things, determined by the Rosatellum Bis.
It is a pity that in order to modify an electoral law the presence of a Parliament in the fullness of its powers is necessary. Which, in all likelihood, we will not have given that Lega, M5s and Forza Italia have already anticipated that they will not vote for trust in the Cottarelli government. Without trust, the new Executive will resign, dealing only with "normal administration" until the next elections to be held "after the August recess". But, to allow for a return to the polls, the Head of State will have to dissolve Parliament.
He is a dog chasing its tail: if Cottarelli gains trust, the vote will be extended to 2019 and in the meantime, in addition to the budget law, an electoral reform could also be approved. If instead the trust is not granted, there can be no electoral law.
