On Tuesday 13 October, the Chamber of Palazzo Madama approved the Boschi bill in third reading, which provides for the reform of the Constitution in relation to the Senate and Title V on local authorities. There were 179 votes in favour, 16 against and seven abstentions. Forza Italia did not participate in the vote (despite having approved the text in the first reading). They chose the Aventino Sel, Lega and Movimento 5 Stelle.
This closes another round, but the match is still long. The Boschi bill will have to be approved again by both chambers, then it will be examined by the popular referendum and finally by the Consulta. The definitive conversion into law, consequently, cannot arrive before 2017.
1) WHAT WILL BE THE FUNCTIONS OF THE NEW SENATE?
The new article 55 of the Constitution sanctions the end of the perfect bicameral system that has accompanied Italy since the birth of the Republic. The news is different. In particular, the new Senate
– will not vote for confidence in the Government;
– will not approve ordinary laws: if requested, 1/3 of the members will be able to examine and propose changes to the texts approved by the Chamber, which will be free to accept or ignore the indications of Palazzo Madama (only in terms of legislative competences of the Regions and laws of Montecitorio budget will have to express itself with an absolute majority in order not to take into account the changes desired by the Senate);
– it will not express itself on the state of war (which will have to be deliberated only by the Chamber, even if with an absolute majority), nor on the laws of amnesty and pardon or on those which transpose international treaties (unless membership is at stake of Italy to the European Union);
– approve constitutional revision laws, popular referendums, texts on the organization of Municipalities, laws for the implementation of EU regulations and cases of incompatibility or ineligibility of senators;
– he will have to vote only on the laws concerning regional competences: in the other cases, if he does not express his opinion within 10 or 15 days (the term varies according to the subjects), the provisions will enter into force;
– will express opinions on the appointments within the government's competence and will maintain the function of link between the State, local authorities and the European Union.
2) WHAT WILL THE NEW SENATE BE MADE UP OF?
The reform provides that the new Senate will be made up of 100 members (compared to the current 321), of which 95 chosen by the Regions (21 will be mayors) and 5 by the President of the Republic.
3) HOW WILL THE SENATORS BE ELECTED?
The text only specifies that the regional councils elect the councilors "in accordance with the choices expressed by the voters". The laboriously achieved political compromise provides that the voters, in voting for the regional elections, also express a preference on the councilors to be sent to the Senate, even if the Council will then formally entrust the task. However, the legislation that precisely regulates the election of new senators is deferred to an electoral law that the House and Senate will have to approve at a later time.
4) OTHER NEWS ON THE SENATE
– The President of the Republic will no longer be able to dissolve the Senate, but only the Chamber;
– the Speaker of the Chamber will replace the Speaker of the Senate in the role of second state office;
– there will be no age limit to become senators (today you must be at least 40 years old);
– the senators elected in the foreign constituency will disappear;
– the new members of Palazzo Madama will not receive any compensation for the role of senator (but the text does not mention reimbursements of expenses);
– only former Heads of State will be senators for life (but obviously the rule is not retroactive: the senators for life currently in office will keep their seats);
– Senators appointed by the President of the Republic will remain in office for 7 years and cannot be reappointed.
5) HOW WILL THE PRESIDENT OF THE REPUBLIC BE ELECTED?
Enough with the 59 regional delegates: only deputies and senators will participate in the vote. For the first three votes, the quorum will remain unchanged (qualified majority of two-thirds, 66%), while from the fourth to sixth ballots the bar will rise to 60% (three-fifths), against the absolute majority required today. Also from the sixth ballot onwards, a quorum of three fifths will be needed, while currently the majority of those entitled is sufficient.
6) HOW WILL THE MEMBERS OF THE CONSTITUTIONAL COURT BE ELECTED?
Of the 5 judges of the Consulta, 3 will be elected by the Chamber and 2 by the Senate (today, however, they are all elected in joint session).
7) WHAT WILL BECOME THE PROVINCES AND THE CNEL?
The Boschi reform definitively cancels the provinces and the National Council for the Economy and Labor (an organ of constitutional importance which today has the right to initiate legislation).
8) WHAT WILL CHANGE FOR PEOPLE'S INITIATIVE LAWS AND REFERENDUMS?
The number of signatures needed to present a popular initiative law rises from 50 to 150, but for the first time it is guaranteed that these proposals will be discussed and voted on. As regards the quorum of abrogative referendums, it normally remains at 50% of those entitled, but drops to 50% of voters in the last elections if the consultation has been requested by at least 800 voters. Propositional and addressing referendums then arise, which will have to be regulated by a constitutional law and an ordinary one.
9) HOW WILL THE LEGISLATIVE COMPETENCES OF THE STATE BE DIVIDED FROM THOSE OF THE REGIONS?
The new article 117 transfers to the State alone some legislative competences hitherto shared with the Regions (for example in terms of cultural heritage, tourism, large infrastructures of national interest, occupational safety, complementary and supplementary social security, competition and insurance markets). On some subjects, on the other hand, the State will continue to deal with the legislation of principle, leaving the specific ones to the Regions (for example in terms of safety, education, social policies and health protection).
10) WHAT IS "VOTE ON A CERTAIN DATE"?
In the event that a bill is considered "essential for the implementation of the government programme", the Executive may request its "vote on a certain date". The Chamber must express itself on the request within 5 days. If he accepts it, he will have another 70 days to conclude the discussion and vote (deadline that can be postponed by a maximum of 15 days). This procedure does not apply to the laws falling within the jurisdiction of the Senate, budget laws, electoral laws, laws ratifying international treaties and those concerning amnesty and pardons.
On Tuesday 13 October, the Chamber of Palazzo Madama approved the Boschi bill in third reading, which provides for the reform of the Constitution in relation to the Senate and Title V on local authorities. There were 179 votes in favour, 16 against and seven abstentions. Forza Italia did not participate in the vote (despite having approved the text in the first reading). They chose the Aventino Sel, Lega and Movimento 5 Stelle.
This closes another round, but the match is still long. The Boschi bill will have to be approved again by both chambers, then it will be examined by the popular referendum and finally by the Consulta. The definitive conversion into law, consequently, cannot arrive before 2017.
1) WHAT WILL BE THE FUNCTIONS OF THE NEW SENATE?
The new article 55 of the Constitution sanctions the end of the perfect bicameral system that has accompanied Italy since the birth of the Republic. The news is different. In particular, the new Senate
– will not vote for confidence in the Government;
– will not approve ordinary laws: if requested, 1/3 of the members will be able to examine and propose changes to the texts approved by the Chamber, which will be free to accept or ignore the indications of Palazzo Madama (only in terms of legislative competences of the Regions and laws of Montecitorio budget will have to express itself with an absolute majority in order not to take into account the changes desired by the Senate);
– it will not express itself on the state of war (which will have to be deliberated only by the Chamber, even if with an absolute majority), nor on the laws of amnesty and pardon or on those which transpose international treaties (unless membership is at stake of Italy to the European Union);
– approve constitutional revision laws, popular referendums, texts on the organization of Municipalities, laws for the implementation of EU regulations and cases of incompatibility or ineligibility of senators;
– he will have to vote only on the laws concerning regional competences: in the other cases, if he does not express his opinion within 10 or 15 days (the term varies according to the subjects), the provisions will enter into force;
– will express opinions on the appointments within the government's competence and will maintain the function of link between the State, local authorities and the European Union.
2) WHAT WILL THE NEW SENATE BE MADE UP OF?
The reform provides that the new Senate will be made up of 100 members (compared to the current 321), of which 95 chosen by the Regions (21 will be mayors) and 5 by the President of the Republic.
3) HOW WILL THE SENATORS BE ELECTED?
The text only specifies that the regional councils elect the councilors "in accordance with the choices expressed by the voters". The legislation that precisely regulates the election of new senators is therefore deferred to an electoral law that the House and Senate will have to approve at a later time.
4) OTHER NEWS ON THE SENATE
– The President of the Republic will no longer be able to dissolve the Senate, but only the Chamber;
– the Speaker of the Chamber will replace the Speaker of the Senate in the role of second state office;
– there will be no age limit to become senators (today you must be at least 40 years old);
– the senators elected in the foreign constituency will disappear;
– the new members of Palazzo Madama will not receive any compensation for the role of senator (but the text does not mention reimbursements of expenses);
– only former Heads of State will be senators for life (but obviously the rule is not retroactive: the senators for life currently in office will keep their seats);
– Senators appointed by the President of the Republic will remain in office for 7 years and cannot be reappointed.
5) HOW WILL THE PRESIDENT OF THE REPUBLIC BE ELECTED?
Enough with the 59 regional delegates: only deputies and senators will participate in the vote. For the first three votes, the quorum will remain unchanged (qualified majority of two-thirds, 66%), while from the fourth to sixth ballots the bar will rise to 60% (three-fifths), against the absolute majority required today. Also from the sixth ballot onwards, a quorum of three fifths will be needed, while currently the majority of those entitled is sufficient.
6) HOW WILL THE MEMBERS OF THE CONSTITUTIONAL COURT BE ELECTED?
Of the 5 judges of the Consulta, 3 will be elected by the Chamber and 2 by the Senate (today, however, they are all elected in joint session).
7) WHAT WILL BECOME THE PROVINCES AND THE CNEL?
The Boschi reform definitively cancels the provinces and the National Council for the Economy and Labor (an organ of constitutional importance which today has the right to initiate legislation).
8) WHAT WILL CHANGE FOR PEOPLE'S INITIATIVE LAWS AND REFERENDUMS?
The number of signatures needed to present a popular initiative law rises from 50 to 150, but for the first time it is guaranteed that these proposals will be discussed and voted on. As regards the quorum of abrogative referendums, it normally remains at 50% of those entitled, but drops to 50% of voters in the last elections if the consultation has been requested by at least 800 voters. Propositional and addressing referendums then arise, which will have to be regulated by a constitutional law and an ordinary one.
9) HOW WILL THE LEGISLATIVE COMPETENCES OF THE STATE BE DIVIDED FROM THOSE OF THE REGIONS?
The new article 117 transfers to the State alone some legislative competences hitherto shared with the Regions (for example in terms of cultural heritage, tourism, occupational safety, complementary and supplementary social security, competition and insurance markets). On some subjects, on the other hand, the State will continue to deal with the legislation of principle, leaving the specific ones to the Regions (for example in terms of safety, education, social policies and health protection).
10) WHAT IS "VOTE ON A CERTAIN DATE"?
In the event that a bill is considered "essential for the implementation of the government programme", the Executive may request its "vote on a certain date". The Chamber must express itself on the request within 5 days. If he accepts it, he will have another 70 days to conclude the discussion and vote (deadline that can be postponed by a maximum of 15 days). This procedure does not apply to the laws falling within the jurisdiction of the Senate, budget laws, electoral laws, laws ratifying international treaties and those concerning amnesty and pardons.
