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  • Why the Italian President’s Decision was Legitimate | Verfassungsblog.
  • Through a difficult decision of its President, the Italian Republic has renewed its commitment to pluralist constitutional democracy and European political integration. It is now for the EU do to the same. Which minister countersigned these decisions of the president?

    As no appointment was made, no formal act was written down and countersigned.

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    For the purposes of this blog, I would find it most helpfull to read some more substance on the dimension of legality and leave the question of legitimacy to other blogs: If Article 92 is the only relevant clause of the Constitution in this case or at least the most important one, then what does it say, how exactly has it been interpreted in jurisprudence and is there any relevant case law? Thanks for the article.

    Offical version of the italian constitution in german version for alto adige; http: In the wording, there is no possibility for the president of the republic to refuse the proposal like an "he can appoint.. I think we have a similar situation in Art. Maybe you can provide clarification about this point. Thank you for your attention and comments, Philipp. Neither appointments, nor non-appointments under art.

    In current literature and practice, the appointment of a new Government is considered a complex act. Its adoption requires an agreement: In this case, Mattarella refused Savona; Conte the no-longer incoming Premier, backed by the two parties refused to propose alternative names; so no agreement was reached. Of course, every presidential decision must rely on constitutional grounds, and we tried to explain them, in this case. To put it differently: When would a President "overstep" your word his legal competence?

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    What are the relevant criteria? In this case, the problem was that the appointment apparently heralded strong tensions, if not infringements, of constitutional principles artt. Therefore, none could take for granted that those political parties proposed Professor Savona as Ministry of Economics and Finance because they had secretly planned to withdraw from the EMU or from the EU.


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    • Although, without any doubt, under the Italian Constitution, the President is not a public notary, Italy is a parliamentary and not a presidential Republic. Many of your points are a correct complement of what we wrote.

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      So I would reply that the decision was based not on mere hypotheses, but on lingering ambiguities. Of course, the risk of giving the wrong impression is there. I really wonder what could happen if people not coming from Italy would read the things you write.

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      Niemals schlug aus einem christlichen Dom eine solche Flamme der Inbrunst gen Himmel, wie heute aus dem Dominikanerdom zu St. Donna Constanze rief, indem sie an Jeronimos Armen zuckte: Jago, hier stehen diese gottlosen Menschen! Und als eine andere Stimme schreckenvoll, indessen sich ein weiter Kreis des Entsetzens um sie bildete, fragte: Wer ist der Vater zu diesem Kinde? Und mehrere der Umstehenden wiederholten: Er ist der Vater! Wenn ihr den Jeronimo Rugera sucht: Befreit jenen Mann, welcher unschuldig ist!