THE REFORM BILL
OF THE SECOND PART
OF ITALY’S CONSTITUTION
PUBLISHED IN THE OFFICIAL JOURNAL OF 15TH APRIL 2016, N. 88
WWW.RIFORME.GOV.IT
KEY ELEMENTS OF THE REFORM
OVERCOMING OF THE “PERFECTLY EQUAL
BICAMERALISM”
REVIEW OF THE ATTRIBUTION OF COMPETENCES
BETWEEN STATE AND REGIONS
ELIMINATION OF PROVINCES FROM THE CONSTITUTION
AND ABOLITION OF THE “NATIONAL COUNCIL OF
ECONOMY AND LABOR” (CNEL)
OVERCOMING
OF EQUAL BICAMERALISM
ONLY THE CHAMBER OF DEPUTIES GRANTS AND REVOKES
CONFIDENCE IN THE GOVERNMENT
THE CHAMBER IS THE MAIN ACTOR OF THE LEGISLATIVE
PROCEDURE, UNLESS A LIMITED NUMBER OF CASES
SUBJECT TO BICAMERAL LEGISLATIVE FUNCTION
THE INTERVENTION OF THE SENATE WITHIN THE
LEGISLATIVE PROCEDURE LINKS THE STATE LEGISLATOR
TO THE REGIONAL ONES
THE DIFFERENTIATION
OF THE TWO HOUSES
FOR ELECTION SYSTEM AND TERM LENGTH
THE CHAMBER HAS TO BE FULLY RENEWED AT THE END
OF THE LEGISLATIVE TERM. IT IS ELECTED BY DIRECT AND
UNIVERSAL SUFFRAGE
THE MEMBERS OF THE SENATE HAVE TO BE RENEWED
PARTIALLY ON A PERIODICAL BASIS. IT IS ELECTED
UNDER INDIRECT ELECTIONS.
THE ELECTION OF SENATORS
SENATORS ARE APPOINTED BY THE REGIONAL COUNCILS
AND BY THE AUTONOMOUS PROVINCES OF TRENTO AND
BOLZANO, TAKING INTO ACCOUNT THE CITIZENS’
CHOICES
NO REGION CAN HAVE LESS THAN TWO SENATORS
MEMBERS OF THE SENATE
THE SENATE CONSISTS OF A MAXIMUM NUMBER OF 100
MEMBERS:
95 SENATORS ARE ELECTED ON A PROPORTIONAL BASIS BY THE
REGIONAL COUNCILS AMONG ITS OWN MEMBERS (74 SENATORS),
AND BY EACH REGION AMONG ITS MAYORS (21 SENATORS),
CONSISTENTLY WITH THE CHOICES EXPRESSED BY THE ELECTORS
UP TO 5 SENATORS CAN BE APPOINTED BY THE PRESIDENT OF THE
REPUBLIC FOR A NON-RENEWABLE 7-YEAR MANDATE
STATUS OF SENATORS
THE LENGTH OF THE SENATORS’ MANDATE COINCIDES
WITH THAT OF THE REGIONAL COUNCILS THAT ELECTED
THEM
SENATORS ARE NOT ENTITLED TO ANY EMOLUMENT
WHILE UNDERTAKING THEIR MANDATE
THE PREROGATIVES OF THE STATUS OF DEPUTIES APPLY
ALSO TO THE PARLIAMENTARY ACTIVITIES OF SENATORS
THE EQUAL LEGISLATIVE FUNCTION
THE SENATE AND THE CHAMBER OF DEPUTIES EXERCISE THE EQUAL
LEGISLATIVE FUNCTION AS A BICAMERAL PROCEDURE ONLY IN A
LIMITED NUMBER OF AREAS SUCH AS:
LAWS OF CONSTITUTIONAL REFORM AND OTHER CONSTITUTIONAL LAWS
IMPLEMENTATION OF THE CONSTITUTION IN SUBJECTS RELATED TO THE
PROTECTION OF LINGUISTIC MINORITIES
IMPLEMENTATION OF THE CONSTITUTION IN THE FIELD OF REFERENDA
REGULATION, FUNCTIONS AND ELECTORAL LEGISLATION OF MUNICIPALITIES
AND “METROPOLITAN CITIES”
SENATE ELECTORAL SYSTEM
ATTRIBUTION TO THE REGIONS OF FURTHER AUTONOMY THAN IS ORDINARILY
FORESEEN
THE NEW LEGISLATIVE PROCEDURE
FOR NON-BICAMERAL LAWS
THE EXAMINATION OF BILLS IS INITIATED BY THE CHAMBER, WHICH
IMMEDIATELY TRANSMITS THE DRAFT TO THE SENATE AFTER ITS
APPROVAL
AFTER DECIDING WHETHER TO EXAMINE IT, THE SENATE CAN PUT
FORWARD MODIFICATIONS TO THE TEXT. THE CHAMBER CAN DECIDE
WHETHER TO ACCEPT THEM OR NOT
THE MODIFICATION PROPOSALS REFERRED TO BILLS COVERED BY
THE “SUPREMACY CLAUSE”, ADOPTED BY THE SENATE BY ABSOLUTE
MAJORITY, CAN BE OVERRIDDEN BY THE CHAMBER ONLY BY
ABSOLUTE MAJORITY
THE EXAMINATION BY THE SENATE OF BILLS IN THE FIELD OF PUBLIC
BUDGET AND OF THOSE COVERED BY THE “SUPREMACY CLAUSE” IS
NECESSARY, BUT WITH A REDUCED DURATION OF THE PROCEDURE
THE TIMING
OF THE LEGISLATIVE PROCEDURE
IN THE LEGISLATIVE PROCEDURE DEADLINES FOR SPECIFIC
STAGES ARE INTRODUCED, ALSO FOR THE LAW-DECREES
CONVERSION PROCEDURE
IF THE PRESIDENT OF THE REPUBLIC ASKS THE CHAMBERS FOR
A NEW VOTE ABOUT THE CONVERSION OF A BILL INTO A LAWDECREE, THE DEADLINE FOR THE CONVERSION INTO A LAW IS
POSTPONED BY A FURTHER 30 DAYS (60 + 30)
THE GOVERNMENT CAN ASK FOR THE SO-CALLED “VOTE ON A
CERTAIN DATE” TO ENSURE A “FAST TRACK” (VOTE BY 70
DAYS) TO THE BILLS ESSENTIAL TO THE IMPLEMENTATION OF
ITS PROGRAM. SOME CATEGORIES OF LAWS ARE EXCLUDED
(E.G. ELECTORAL LAWS AND RATIFICATION OF
INTERNATIONAL TREATIES)
FOCUS: FUNCTIONS OF THE SENATE
1/2
REPRESENTATION OF TERRITORIAL INSTITUTIONS
FUNCTIONS OF COORDINATING AMONG STATE AND OTHER
ENTITIES OF THE REPUBLIC (MUNICIPALITIES, METROPOLITAN
CITIES AND REGIONS)
EVALUATION OF PUBLIC POLICIES AND OF ACTIVITIES OF
PUBLIC ADMINISTRATIONS
IMPACT ASSESSMENT OF EU POLICIES ON TERRITORIES
FOCUS: FUNCTIONS OF THE SENATE
2/2
PARTICIPATION ON DECISIONS REGARDING FORMATION
AND IMPLEMENTATION OF EU LAW AND POLICIES OF
EUROPEAN UNION
IT PARTICIPATES IN THE FOLLOWING FUNCTIONS:
COORDINATION AMONG STATE, OTHER ENTITIES OF THE ITALIAN
REPUBLIC AND EUROPEAN UNION
CONTROL OF IMPLEMENTATION OF STATE LAWS
ADVICE ON GOVERMENT DESIGNATIONS OF HIGH LEVEL OFFICIALS
CONSTITUTIONAL GUARANTEES
THE QUORUM NEEDED FOR THE ELECTION OF THE PRESIDENT OF THE
REPUBLIC IS INCREASED. HE/SHE IS ELECTED BY THE PARLIAMENT ON A JOINT
SESSION BY A 2/3 MAJORITY. FROM THE FOURTH TO THE SEVENTH SCRUTINY,
A 3/5 MAJORITY IS SUFFICIENT. FROM THE SEVENTH SCRUTINY ONWARDS,
ONLY A 3/5 MAJORITY IS NEEDED
BEFORE THEIR PROMULGATION, ELECTORAL LAWS CAN BE SUBMITTED TO THE
PREEMPTIVE JUDGEMENT OF THE CONSTITUTIONAL COURT, BY REQUEST OF AT
LEAST 1/4 OF THE MEMBERS OF THE CHAMBER, OR BY AT LEAST 1/3 OF THE
MEMBERS OF THE SENATE
THE MEMBERS OF THE CONSTITUTIONAL COURT ELECTED BY THE PARLIAMENT
ARE APPOINTED AS FOLLOWS: THREE MEMBERS BY THE CHAMBER, TWO BY
THE SENATE
THE STATE OF WAR IS DELIBERATED BY THE CHAMBER BY ABSOLUTE
MAJORITY
GENDER BALANCE
STRENGTHENING OF THE PRINCIPLE OF EQUAL ACCESS
TO ELECTIVE OFFICES:
THE ELECTORAL LAWS OF THE TWO CHAMBERS FOSTER GENDER
BALANCE WITHIN THE POLITICAL REPRESENTATION
THE GENDER BALANCE IS STATED ALSO WITHIN REGIONAL
INSTITUTIONS, ACCORDING TO FUNDAMENTAL PRINCIPLES
ESTABLISHED BY THE LAW OF THE STATE
REVIEW OF THE ATTRIBUTION
OF LEGISLATIVE COMPETENCES
BETWEEN THE STATE AND THE REGION
“CONCURRENT COMPETENCES” ARE ELIMINATED
MORE CLARITY IN THE DEFINITION OF COMPETENCES OF
THE STATE, WHICH ARE STRENGTHENED IN SOME AREAS
(SUCH AS LABOR ACTIVE POLICIES, ANTI-TRUST AND
STRATEGIC INFRASTRUCTURES)
RESIDUAL COMPETENCE IS LEFT TO THE REGIONS IN
AREA NOT FALLING EXCLUSIVELY UNDER THE STATE’S
RESPONSIBILITY
SUPREMACY CLAUSE
IN ORDER TO PROTECT THE COUNTRY’S LEGAL OR
ECONOMIC UNITY OR THE NATIONAL INTEREST, UNDER
THE GOVERNMENT’S PROPOSAL, THE LAW CAN
INTERVENE IN AREAS NOT ATTRIBUTED BY THE
CONSTITUTION TO THE EXCLUSIVE COMPETENCE OF THE
STATE
DIFFERENTIATED REGIONALISM
FORMS AND CONDITIONS OF FURTHER AUTONOMY CAN
BE ATTRIBUTED TO BOTH ORDINARY AND SPECIAL
REGIONS BY A BICAMERAL LAW
ABSOLUTE MAJORITY IS NOT NEEDED ANYMORE TO
APPROVE THE LAW, PROVIDED THE BUDGET OF THE
REGIONS INVOLVED IS BALANCED
OTHER DISPOSITIONS
ON REGIONS AND LOCAL ENTITIES
INTRODUCTION OF INDICATORS OF COSTS AND
REQUIREMENTS TO PROMOTE EFFICIENCY CONDITIONS
FOR THE PUBLIC FUNCTIONS OF MUNICIPALITIES,
METROPOLITAN CITIES AND REGIONS
EXCLUSION BY THEIR OFFICES FOR REGIONAL AND
LOCAL ADMINISTRATORS OF TERRITORIAL ENTITIES IN A
SITUATION OF FINANCIAL INSTABILITY
“CAP” TO THE EMOLUMENTS OF REGIONAL INSTITUTIONS
OFFICERS: THEY CANNOT BE HIGHER THAN THOSE PAID
TO THE MAYORS OF REGIONAL CAPITALS
REFERENDA AND
DIRECT DEMOCRACY TOOLS
THE NUMBER OF SIGNATURES NEEDED TO SUBMIT A PROJECT
OF CITIZENS’ INITIATIVE IS INCREASED (UP TO 150.000).
INTRODUCTION OF PROCEDURAL GUARANTEES TO ENSURE ITS
EXAMINATION AND A DECISION BY THE PARLIAMENT
THE QUORUM REQUESTED FOR THE ABROGATIVE
REFERENDUM TO BE VALID IS DECREASED. IF IT IS ASKED BY
AT LEAST 800.000 SIGNATORIES, THE QUORUM IS FIXED
EQUAL TO THE MAJORITY OF VOTERS IN THE PREVIOUS
GENERAL ELECTION
INTRODUCTION OF THE “PROPOSITIVE AND GUIDING
REFERENDUM”