Quirinale against Parliament,"
The letter from the President of the Republic, addressed to the presidents of the Chambers and the Council of Ministers, is totally and desperately not in compliance with the provisions of our Constitution. If only we had a political culture and do not forget not only dedicated to the bias, if only we had chairs where they sit consciences and not just retired, this complaint is now made by many different parties. Instead, everything is silent, leaving room for the politicians and conformity shaky.
The President of the Republic can not send letters, can not interfere with the legislative process, can not limit the sovereignty of Parliament. The Constitution describes the tools that can be used, but also makes clear that it can not do. We, for some time, we are abundantly planted outside the Constitution.
Decree-Law, so called "milleproroghe" (Which have only the name of a horror), was countersigned by Giorgio Napolitano, who identifies the need and urgency. After that is passed to the jurisdiction of the Parliament, which must provide for the conversion. Our legislative process provides that the decree-laws, and rules already in force, may be amended, modified, during the conversion (they then devise the means to remedy the legal relations arising in any term of the Old Testament). To me it does not seem reasonable, I would consider more linear approve or reject those decrees, without being able to change, but this is a personal opinion does not change the rule. Which, after all, Napolitano knows well, for it practiced and administered by the President of the Parliamentary Chamber. The fact is that the Senate amended the decree and, with the usual bad bad habit, he gorged standards even consistent with each other. The President of the Republic may, in this case, operate two tools: a. not countersign b. send a message to the Chambers, which implies a formal gesture and the countersignature of the Minister of Justice. Send a letter addressed to the three mentioned above, taking care to immediately pass the contents to the press, not just informal, is directly and grossly unconstitutional.
And, mind you, is not impressed that the executive (who has now declared agreed), but the Legislature. That parliamentary sovereignty is diminished. And it is very serious.
Napolitano, nell'improvvida letter made it clear that they can not use the first tool, or deny the counter, because in that case, the decree would be revoked. But he added that from now on, will not be more such qualms. This represents a further threat to the Parliament: or modifications to the decrees will be agreed with the Quirinale, or conversions will be useless. The government, in a sense, he rubbed his hands, because there is only one way to assure the President that the texts translated are the same as those proposed: submit sealed and immediately put their trust. Good result, a masterpiece!
the merits, however, Napolitano is right: the text given birth by the Senate is a disgrace. But for this there was everything a good message to Parliament, conceived without the anger that oozes from every part of the letter and following full-blown constitutional.
would like to add one thing, presumptuously and weight: I am ready to support these things in front of any constitutional lawyer, professor or varied, certain that no one can camp no valid argument that leads to different conclusions. Precisely for this reason I address an invitation to readers, sad look around, read, and you'll find these things so clearly, no one has the courage and the lucidity to say. And 'this is the really worrying part of this long and harrowing sunset constitutional.
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