Venice Commission - Report on Bicameralism

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Italy

1.Has the country always had a bicameral parliamentary (or congressional) system? If not, from when did the country adopt a bicameral system? Is there a public debate about keeping bicameralism or moving to a unicameral system? Why? What are the terms of the debate? What is the public perception of the usefulness and acceptability (legitimacy) of the second chamber?

1. The Italian Parliament has always been composed of two chambers: The Chamber of deputies and the Senate of the Republic, since the origin of Italy (1861). The Republican Constitution (1948) confirms the bicameral structure.
The Constituent Assembly has debated the possibility to adopt a monocameral system but has dismissed it.
At present, the model adopted in the Italian constitution is that of symmetrical bicameralism, with the two chambers having exactly the same powers. This is considered inefficient. It requires doubling each decision, and in the praxis this double passage is only formally respected.
In recent years there is an ongoing debate on the bicameral system, aiming at fixing some diseconomies, and a recurrent proposal is to differentiate the two chambers as to the structure, the composition, the powers and the competence.
A proposal of constitutional reform in 2016 aimed at reforming the bicameral system with the intention to differentiate the composition and the competences of the two chambers. It was approved in parliament, but rejected by a referendum 4 December 2016.
A recent reform – constitutional law n. 1 of 19 October 2020 - has drastically reduced the number of the members of parliament: the Chamber of Deputy from 630 to 400; the senate from 315 to 200. Yet it has not altered the powers nor the constituencies of the two chambers.

2.What is the population of the country? What is its size?

2. The Italian population is about 60 million people

3.What form of state and form of government has the country? Please provide details with reference to relevant constitutional provisions. a) Unitarian or federal/regional/other form of decentralization; b) Parliamentary, presidential, semi-presidential or mixed

3. The Italian Constitution has adopted a parliamentary form of Government, based on a relation of confidence between the two chambers and the Government: see art. 94 of the Constitution.
Italy is a regional state. The Senate is to be elected on “a regional basis” (art.57), yet the Senate is not representative of the regions. The regions are the territorial unity on which the electoral apportionment is based. Regions are considered in the geographic not political sense.

4.How many members are in the lower house?

4. The lower house is at present composed of 400 members

5.How many members has the second chamber?

5. The senate is at present composed of 200 elected members, plus 5 members nominated by the president of the Republic with life tenure (art. 59 Cost.). Also the former presidents of the republic, after ending their term, are ex officio senators with life tenure.

6.How are members of the second chamber selected? Please describe: a) direct/indirect/mixed suffrage (if the suffrage is indirect or mixed, who elects or appoints the second chamber? b) territorial or other criteria; i) region/provinces/municipalities/others; ii) professional categories/ethnic/age/other; c) candidates’ independence from/affiliation with political parties; d) in case of indirect election, is there an imperative mandate or a similar practice?

6. The members of the Senate are elected by the people with the same electoral system of the Chamber of deputies (except for minor differences). Regions are the territorial unity for election of senators.

7.Age. What is the age limit to elect and be elected or appointed to the second chamber? Does it coincide with the lower chamber? Are there other requirements for election than those for members of lower chambers?

7. After the Constitutional reform n. 1 of 2020:
for the Chamber of Deputies: citizens of 18 years can elect; 25 years of age is required to be elected (art. 56 and 48 Const)
For the Senate: citizens of 18 years can elect; 40 years of age is necessary to be elected (art. 58 and 48 Const.)

8.Gender. Are there any requirements to achieve gender parity between men and women in the composition of the second chamber or is there any gender quota system? If so, is there a similar requirement or gender quota system for the lower chamber?

8. Gender is only a requirement for the composition of the electoral lists both for the Chamber and the Senate. If the voters want to express more than one preference the second one should be of a different gender.

9.Term of office or tenure. Duration? Does it coincide with lower chamber? Does the second chamber follow the continuity rule (members are not replaced all at once, new elections concern only part of the chamber at a time)? Can the second chamber be dissolved and if yes, who and how exercises its competences in the meantime? Please report any particularity.

9. Both chambers have identical duration (since constitutional reform of 1963). The duration if of 5 years. Both of them can be dissolved. All the members are replaced all at once. There is no rotation system. After the termination of the Chambers the incumbent members continue to stay in office until the new chambers are elected (prorogatio art. 61 Const.).

10.Congruence. Is it common for the second chamber to have a similar party composition (majority-minority) to that of the lower chamber?

10. The composition of the two chambers is the same. One is the mirror of the other on a smaller scale, except for minor differences.

11.Status. Are there differences between the legal status of members of the two chambers, and if so, what (e.g., immunity, conflict of interest)?

11. The constitution provides the same status for deputies and senators (art. 68 Const.)

12.Rules of procedure. How are the rules governing the second chamber established? Are they different from the lower chamber’s and what are the most relevant differences? Are the internal regulations controlled by the constitutional judge?

12. The rules of procedure are established by each chamber as an expression of their autonomy (art. 64 Const). There are some differences. The Constitutional court does not have power (so far) to control the parliamentary regulations. The question is debated from time to time.

13.Powers/competences: Are the powers and competences the same in the two chambers (symmetrical bicameralism)? If the bicameralism is asymmetrical, what are the powers of the second chamber? Please describe: i) financial; ii) legislative; iii) oversight/control; iv) other specific powers, in particular as regards constitutional reforms, confidence motions, international treaties, etc; v) interim powers (e. g. in case of dissolution of the first chamber). a) Distinguish issues which are not submitted at all to the second chamber/where the final decision is taken by the first chamber/where the second chamber has a limited veto right etc. Please address these questions the other way round if the second chamber has more powers than the first one; b) Are there specific appointments that must be done solely by the second chamber? If so, the appointment must be done by supermajority/qualified majority/simple majority/absolute majority? c) What kind of parliamentary initiative can the first and second chamber exercise? d) What happens in case of disagreement (in case of asymmetrical as well as of symmetrical bicameralism); how many readings before the final decision? Does a mixed commission meet? e) To which chamber are draft laws and other drafts to be examined by Parliament or the legislature submitted first? f) Is the government responsible to the second chamber (when it is before the first one)? g) Are decisions taken by a joint meeting of both chambers and, in the affirmative, which ones? h) Does the second chamber have a specific role in emergency situations?

13. The Italian parliamentarism is perfectly symmetrical and the two chambers enjoy the same status.

14.Is there a form of intergovernmental conference of regions in your country (conference of ministers or presidents of regions, Landers, states members of the federations)? Does it interact with the second chamber? How often does it meet? What is its specific relevance?

Regions interact with the Government by means of the Conference State-regions. This conference is established by the law (law n. 400 of 1988 and more recently it has been regulated by d. lgs n. 281 of 1997). At the parliamentary level a bicameral commission for regional affairs is established (art. 126 of the Constitution). Yet the cooperation between state and regions takes place mainly in the conference state- regions with the Government.

15.Please provide any other relevant observation on the bicameral system of the country.

In recent times the bicameral system is becoming very problematic and in fact in the praxis it operates as a "alternate monocameralism”: decisions are taken in one chamber – either Senate or Chamber of deputies – whereas the other one merely confirms the decision taken by the first one.