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2019–2020 Italian constitutional reform

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2019–2020 Italian constitutional reform
Name2019–2020 Italian constitutional reform
Native nameRiforma costituzionale 2019–2020
CountryItaly
Date2019–2020
OutcomeApproval in referendum; amendment of Articles 56, 57, 59

2019–2020 Italian constitutional reform The 2019–2020 Italian constitutional reform reduced the number of members of the Chamber of Deputies and the Senate of the Republic and altered parliamentary representation across Italy, including Sicily, Sardinia, and Trentino-Alto Adige/Südtirol. Sparked by debates within the Parliament of Italy and by factional disputes in parties such as Movimento 5 Stelle, Lega Nord, and the Partito Democratico, the reform culminated in legislative votes in 2019 and a confirmatory referendum in 2020 under the presidency of Sergio Mattarella. The initiative intersected with constitutional practice exemplified by earlier reforms like the Constitutional law of 2001 and institutional controversies involving figures such as Giuliano Amato and Carlo Azeglio Ciampi.

Background and political context

The proposal originated during the legislature in which the Giuseppe Conte premiership negotiated coalitions including Movimento 5 Stelle and Lega Nord followed later by the Conte II Cabinet coalition with the Partito Democratico and Italia Viva. Debates referenced comparative reforms in the United Kingdom, France, and Germany and drew on arguments raised during the Tangentopoli era and the subsequent wave of constitutional scrutiny after the 2006 Italian constitutional referendum. Advocates invoked principles associated with the Napoleon-era institutional centralization tradition and contemporary examples like the First Lord of the Treasury reforms in United Kingdom general elections in 2019 to argue for streamlined representation. Opponents framed the bill against the backdrop of constitutionalism defended by jurists such as Giorgio Napolitano and scholars influenced by the Cassation Court of Italy jurisprudence. Regional actors including the Autonomous Region of Sardinia and the Autonomous Province of Bolzano engaged stakeholders from provincial councils and municipal administrations.

Contents of the reform

The constitutional amendment modified Articles 56, 57, and 59 of the Italian Constitution, lowering the membership from 630 to 400 in the Chamber of Deputies and from 315 to 200 in the Senate of the Republic, while preserving the representation of life senators such as Sandro Pertini (historically) and appointees by presidents like Carlo Azeglio Ciampi and Giorgio Napolitano. The text reallocated seats across constituencies including Lazio, Lombardy, Campania, Veneto, and Piedmont and provided special provisions for overseas constituencies represented since the 2006 Italian electoral law reform. The amendment did not alter the role of the President of the Republic in appointing Senators for life nor the bicameral legislative procedure exemplified in statutes like the Constitutional law of 2001. It retained the principle of perfect bicameralism established during the post-war Constituent Assembly of Italy.

Legislative process and adoption

Parliament considered the bill through ordinary constitutional amendment procedures, requiring absolute majorities in two successive sittings of both chambers per precedents set in reforms debated during the Second Republic (Italy). The first passage occurred in the Chamber of Deputies with votes involving coalitions led by Movimento 5 Stelle and Lega Nord, followed by deliberations in the Senate of the Republic where committees mirrored those from earlier constitutional debates involving the Permanent Committee on Constitutional Affairs. The bill passed a second reading and, lacking the supermajority threshold for bypassing popular confirmation, triggered a confirmatory referendum as allowed by Article 138 of the Italian Constitution. The referendum took place in September 2020 amid the public health conditions of the COVID-19 pandemic in Italy, with campaigning from actors including Giuseppe Conte, Matteo Salvini, Nicola Zingaretti, and Beppe Grillo.

Support and opposition

Supporters included parliamentary groups such as Movimento 5 Stelle, Lega Nord, and factions within Forza Italia, who argued in concert with think tanks like the Istituto Bruno Leoni for cost-saving and efficiency consonant with international fiscal scrutiny exemplified by the European Commission. Opponents ranged from segments of the Partito Democratico and the liberal wing of Forza Italia to constitutional scholars associated with institutions such as the Sapienza University of Rome and the University of Bologna, who warned of diminished territorial representation and cited precedents like the 1993 Italian electoral law referendum. Organized civil society, including labor unions connected to CGIL and associations rooted in the Associazione Nazionale Partigiani d'Italia, mounted critical campaigns, while regional governments from Sicily and Calabria raised concerns about diminished voice in national deliberations.

Legally, the amendment required recalibration of electoral laws such as the Rosatellum and redistribution rules previously established for constituencies represented in the Camera dei deputati and Senato della Repubblica. Scholars compared implications to constitutional periods exemplified by the Constitutional Court of Italy rulings on representation and reasoned about proportionality standards applied in European Court of Human Rights jurisprudence. The change raised questions about committee composition, quorum thresholds, and legislative efficiency in light of Italian practices codified since the Constituent Assembly of Italy and influenced by administrative models from France and Germany. Legal commentaries referenced jurisprudence from the Corte Costituzionale and dialogues with comparative scholars such as those from the Max Planck Institute for Comparative Public Law and International Law.

Implementation and subsequent developments

Following the referendum, parliamentary seat redistribution proceeded under implementing laws drafted by members of the Parliament of Italy and debated in committees mirroring prior work on electoral reform. Adjustments affected electoral constituencies for the Italian general election, 2018 successor cycles and influenced party strategies for the Italian general election, 2022 campaigns. Continued debates involved parties like Fratelli d'Italia and movements within Italia Viva concerning further institutional reforms, including proposals echoing the Bicameralism debate and calls for a constitutional review akin to post-war changes during the Constituent Assembly of Italy. The reform remains a focal point in discussions on institutional modernization, regional representation, and Italy’s role in European institutional dialogues such as those involving the European Parliament and the Council of Europe.

Category:Constitutional amendments of Italy