Posted by on Nov 27, 2016 in LEGAL UPDATES

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The Italian referendum due to take place on the 4th December demonstrates an attempt by the current government to change the years of sclerotic politics that many feel dominate the country.

Indeed, Italy has been noted to have one of the largest and most expensive governments in the world. This is partly due to the bicameral structure of government that, as of 2015, is only employed by less than half of the world’s national legislatures. It differs from the more common forms used in a democratic government, where all  members of parliament deliberate and vote as a single group, instead being divided in to two separate assemblies, or houses. The Chamber of Deputies and the Senate of the Republic form the two separate houses in Italy, and many believe that their equal share of power and identical duties make it difficult to legislate anything, thus excessively bureaucratic.

As a result of Article 70 of the 1948 Constitution, all legislation must be approved in the same text by both of the houses; whenever a bill is amended by either of the two it is sent from one house to the other in a process called the navetta parlamentare – the parliamentary shuttle, that can appear unending. This procedure is required for bills regarding the regions, the Senate itself, the ratification of EU treaties and referendums, to name a few.

If the Prime Minister’s campaign is to win, it would be the most extensive constitutional reform in Italy since the end of the monarchy; the organization of Parliament would be affected, and it is hoped that the poor government stability would be improved. However, critics are concerned this will result in too much power concentrated on the winning party’s leader. Many Italians want a more visible change in the country’s unstable situation, such as economic growth and the creation of jobs, rather than a change in the Constitution.

In addition, the personalisation of the campaign by Prime Minister Matteo Renzi – claiming to give up his political career if the referendum result is not what he hoped, has led to many voting as if it were a national election rather than a question about how Parliament is run. In fact, although the specific content of the proposed reform (in particular the transformation of the Senate) is substantially agreed on by the majority of voters, most people intend to vote according to their political views. The fact that the referendum has been transformed into a judgment on the prime minister, as well as being closely linked to the government’s survival and further reforms, is causing major difficulties.

Renzi remains adamant, however, that the proposed reforms should be at the forefront of voters’ minds when they make their decision, as the result will dramatically alter Italy’s future. Not only does Renzi propose that the Senate’s role is abolished, thus ending the bicameralism that slows down legislative processes, but also that at the next general election, the party that wins the polls would get an outright majority of its seats. Subsequently, that party’s leader would enjoy a full, five-year term in office.

The reforms also deal with the relationship between the State and the Regions: they propose that the regions have less power, as it would be concentrated within the central government. The regional councils – the elected legislative assemblies of each region of Italy, would also not earn more than the mayors.

If these reforms are adopted, it is believed that Italy will be able to advance economically and socially as there will be less conflict between different administrative bodies, and a centralization of power.