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Towards the constitutional reform: lights and shadows

  • 12/09/2016

The attention of politics and legal and economic operators is now addressed to the text of the constitutional law – published on the Official Gazette n. 88 of 15th April 2016 - whose final approval is subject to the outcome of a referendum. The reform aims at amending the second part of the Constitution, by eliminating the current bicameralism in which both Chambers boast equal powers, cutting the number of parliamentarians, controlling expenditures for the functioning of  the bureaucracy, abolishing the C.N.E.L. (National Council of Economics and Labor), reshaping the relationships between the State and the Regions. Such amendments should simplify the parliamentary procedure to be followed in order to enact a bill. This is due to the introduction of a monocameral system and to the resolution of the issues raised between the State and the Regions after the enactment of the Constitutional Law n. 3 of 2011. Anyway, doubts as to the effective simplification still remain. For example, article 70 lists four different parliamentary procedures for the enactment of a bill, according to the subject involved. Moreover, article 117, after many years of policies of decentralization, brings back to the sole competence of the State a large number of subjects which are now of concurrent competence (partly of the State, partly of the Regions). This makes it difficult to rearrange the territorial policies related to those subjects.

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