My proposal to overcome the impasse on the electoral law


Published on Jan 10, 2017


The proposal of the law - that it intends to extend the discipline of the italicum also to the election of the Senate - provides for the elimination of the second round of the ballot. Therefore, wanting to take as adequate and legitimizing the threshold of 40 percent for the attribution of the majority prize, it is planned as well, but without resorting to the round of balloting, giving the prize only if it reaches (or exceeds) the threshold of 40%, otherwise you devise a forcing of the system and in the system.

As for the system concerning the election of the Senate, may be adopted the same model that is proposed for election to the Chamber of deputies. A system, therefore, which provides lists within the region, with the head locked, and preferences, the colleges, the sizes of which are based on an average of a million of inhabitants approximately.

Considering the constitutional provision of the election "on a regional basis", the calculation for the purposes of allocation of seats to the lists must be made in the context of each region, as well as on a regional basis is to be found the threshold of the barrier.

In any case, in the elections of the Chamber of deputies and the Senate shall provide for the possibility to submit a maximum of three, c's.d. "applications multiple, eliminating, however, the discretion the option, by giving it to the objective criterion, according to which the leaders pluricandidato will be automatically elected in the college in which the candidate of the same list, have obtained the lowest electoral number.

With regard to the attribution of the majority prize to the list, it is determined - as for the Chamber of deputies - to the extent of 40 per cent on a national basis. But it is not enough. The nature of our bicameralism, equal (or perfect) determines some of the consequences, both on the floor of the legislative function (the two Rooms operate "collectively"), both on the level of the relationship of trust (both of them give or withdraw confidence in the government).

What is not made homogeneous, in spite of the bicameralism and equal, is the ratio of the majority-minority in the composition of the two branches of Parliament, which has often led to an imbalance between the house and Senate in the relationship with the government, or even the lack of a majority in one of the two rooms, with a substantial difficulty of the action of the government, owing to the inhomogeneity of the composition of the two rooms.

The same constitutional Court, in its judgment 1/2014, with regard to the electoral system for the Senate, has stated that "establishing that the attribution of the majority prize is on the regional scale, produces the effect that the majority in the assembly of the Senate is the random result of a amount of awards, which can finish to overthrow the result obtained by the lists or coalitions of lists on a national basis, promoting the formation of parliamentary majorities do not coincide in the two branches of Parliament, even in the presence of a distribution of the vote in the set is substantially uniform. This risks undermining both the functioning of the parliamentary form of government outlined by the Constitution of the republic, in which the Government must have the confidence of the two Chambers (art. 94, first paragraph, of the constitution), both the exercise of the legislative function, that art. 70 Cost. assigns, collectively, the Chamber and the Senate. Ultimately, threatens to ruin the result you want to achieve with an adequate stability of the parliamentary majority and the government."

All of this represents a limit that must be exceeded (or, better, correct, precisely because of the nature of our bicameralism has always been regarded as the most authoritative of the doctrine as a "monocameralismo masked", as if the two rooms were, in effect, organs of a single room.

On the contrary, the outcome of the constitutional referendum has certified a strengthening of the perfect bicameralism, which should be streamlined through tools that bring coherence to the majorities of the two chambers that will have to support the government.

Consequently, in order to the attribution of the majority prize, and to guarantee the homogeneity of the relationship majority-minority, it is considered appropriate (functional) influence the attribution, in both of the rooms is reached, the context of the 40 per cent of the valid votes from the list, on a national basis, and distinctly, both in the election of the Chamber of deputies, both of the Senate.

However, if - as said - for the achievement of the award of a majority of the quorum of 40% is to be calculated on a national basis for both rooms, instead, for distribution to the list winning the majority premium is expected, for the Chamber of deputies, the calculation on a national basis in the Senate, on a regional basis and so the "weighted", that is, according to the number of list votes in each region.

If none of the two or in only one of the two elections (for the Rooms and for the Senate) the list does not reach the threshold of 40 percent, the distribution of seats would occur in a proportional way, to the election of the Chamber, between all the lists that, on a national basis, obtain at least 3 percent of valid votes, while, for the election of the Senate, from among all the lists, on a regional basis, should reach the 4 percent of the valid votes.

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