The proposal to modify the Constitution in a presidential sense presented by the Brothers of Italy would not transform our country into an authoritarian regime like Orban. Furthermore, it is not correct to say that in the event of a presidential reform, the President of the Republic would lose the role of guarantor of the Constitution since he would no longer be a super partes figure. “I remember that the head of state in any democratic system plays a political role. Even if elected directly by the people, he will have the duty to represent the entire nation in addition to the political party that elected him, as is already the case for parliamentarians in our Republic. On the other hand, it is improper to affirm that the President of the Republic is a mere guarantor of the Constitution, as if it were a technical body, because that role in our legal system is fulfilled by the Constitutional Court “, explains to Adnkronos the constitutionalist Francesco Saverio Marini, professor of Public law at the University of Rome Tor Vergata, commenting on the recent speech by the president of the council, Gustavo Zagrebelsky, in which the presidentialism proposed by Giorgia Meloni is defined as a danger for Italy.
“Democracy, in my opinion, defends itself by allowing it to function – observes Marini – I therefore hope that the electoral campaign will be carried out on concrete issues and that, as regards the constitutional revision, there is awareness that the latest performances of Italian democracy are not have been positive “. According to the Tor Vergata professor, “the comparison that Zagrebelsky makes between our country and Hungary is ungenerous. The semi-presidential and presidential systems exist in democracies of great tradition and solidity such as the United States and France, where no one doubts. of the democratic estate “.
Zagrebelsky, adds, “do you object that Italians have a drive to adapt, which can infect economic powers or information? our country we have always opposed authoritarian involutions: from the killing of Julius Caesar, to the independence uprisings, to the partisans. even at the time it was a force of opposition “.
The former president of the Constitutional Court also affirms that presidentialism is basically a form of extremism: “It is certainly – underlines Francesco Saverio Marini – a form in which there is a person who wins and one who loses. But this is healthy. for democracy that is based on the logic of alternating power, on choices that are identifiable and understandable by the citizens, otherwise responsibility ceases; and it is good to remember that democracy works only if responsibility works. This is why governments and large coalitions of national unity are necessarily exceptions in a democratic system “.
Contested by the constitutionalist of Tor Vergata, who among other things recently led the ministerial commission for the constitutional reform of the powers of Roma Capitale, also the solicitation of the former president of the Consulta on the fact that Fdi with his presidential proposal would like a strong government which excludes participation in favor of the decision: “In truth, democracy is such only if decisions are taken precisely on the basis of the majority principle – replies Marini – In other words, the majority of the people must be able to decide. If this did not happen we would be out from democratic rules. But this does not imply – he specifies – that minorities should not be involved in choices such as those relating to the constitutional revision “.
Even in the case of overwhelming majorities in Parliament, as in the event that the outcome of the vote 2/3 of the Parliament are controlled by the center-right? “It is clear that even in the case of a huge majority such as that of 2/3 it would be appropriate, and I would say dutiful, to involve minorities – replies the professor of Tor Vergata – However, this does not mean that a minority can block a reform of which the country needs, but that there is a physiological discussion in Parliament to find the best solution. Exactly like what has been done for Roma Capitale, which I believe is the correct method. While affirming a priori that any constitutional reform in the presidential sense or semi-presidential both in Italy a danger to democracy – he concludes – it is not a healthy approach for a correct political dialectic and not even appropriate in the electoral campaign “. (by Roberta Lanzara)
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