The role and importance of the institution of the referendum in contemporary Italy 

The institution of a nationwide referendum in postwar Italy is one of the key elements of the socio-political changes, particularly in the presence of the indolence of the political elite and the so-called process of “unfinished constitutional transition” after 1993. The Constitution of the Italian Republic of 1947 provides for three basic forms of the referendum: a law-repealing referendum, a facultative constitutional referendum and a consultative referendum. Since the enactment of the Law on the referendum and the legislative initiative of 25 May 1970, was conducted in Italy 62 law-repealing referendums, two facultative constitutional referendums, and one consultative referendum. The law-repealing referendums concern such important issues as the introduction of divorce, abortion, artificial insemination, the abolition of life imprisonment, the construction of nuclear power plants until the changes in the financing of political parties and changes in electoral laws for both houses of Parliament. In the constitutional referendum of 2001, the citizens approved the rebuilding of the regional structure of the state, in referendum of 2006 protested against the reform proposals presented by the authorities of a center-right government of Silvio Berlusconi. The only one consultative referendum concern approved the creation of the European Parliament. By reason of the importance of issues raised and the number carried out the referendum, especially in recent years, Italy is often referred to as “the republic of referendums”. However, the sore point of this form of direct democracy is decreasing voter participation, which leads to the absence of a quorum thus void consultation in case of a law-repealing referendum. Since 1997, the last 25 law-repealing referendums did not reach the required quorum, which raises further questions about the future of this institution.

Discussions about constitutional reform of governance in Italy

This article presents the main ideas of constitutional reform, governments in Italy over the last thirty years. “Blocked Italian democracy” was looking for ways of overcoming the legal framework. Conceived the idea of the great constitutional reform in the late seventies. There are three main ways of that reform: 1) the establishment of the Constituent Assembly, 2) creating a bicameral committee on constitutional reform, 3) by art.138 of the Constitution for its revision. The first solution only enjoyed the support of the right of the political scene. But failed to establish three committees for the bicameral constitutional reform: in the years 1983–1985 A. Bozziego Commission, in 1992–1994 the Commission C. De Mita and N. Iotti, in 1997, the Commission M. D’Alema. Presented by reform projects have failed due to lack of agreement between the main political forces. Thus, the third way of constitutional reform became Article 138 of the Constitution. However, in cases where an amendment has been approved only by an absolute majority of both houses of parliament, it can be put to the vote in a referendum on ratification. Twice held such a constitutional referendum, once on the center-left proposals 7 October 2001 year, the second time against the center-right approach June 25–26, 2006. The last referendum did not obtain public support. So it seems that the idea of the great constitutional reform has failed to deep divisions between the main political parties.

After the Second World War, the Italian Republic adopted in its system the principles of regionalization and decentralization. This was largely due to the separatism of ethnic and regional groups within the territory of the country, and particularly concerned the islands of Sicily and Sardinia and border regions: The Aosta Valley, Friuli Venezia Giulia and Trentino-South Tyrol. Until the end of the 1960s, the latter was the site of a strong ethnic conflict between a group of German-speaking Tyroleans and a dominant Italian-speaking group. The situation of the Rhaeto-Romance (Ladin) group living in the Alpine valleys remained somewhat aside from their confrontation. The violence used by both sides led to a solution unique for the Republic. The transfer of a large part of the competences down from regional to provincial level led to a gradual calming of the situation. Today, the Tyroleans enjoy broad autonomy in the province of Bolzano, where they are a dominant group, and, at the same time, have a strong influence on the functioning of the entire region through statutory guarantees of their participation in the regional legislature and executive power. The rights of the Italian-speaking minority in South Tyrol are similarly and proportionally protected. The rights to preserve the language and culture of all three language groups are also widely protected by law. The purpose of this article is to examine the principle of protection of the Tyrolean minority’s rights as an example of the implementation of the principle of the protection of linguistic minorities’ rights, present in the Constitution of the Italian Republic.

Even though the province has been a territorial division unit since the unification of Italy, despite the passing of over 150 years it has not been able to obtain a clear institutional identity. Its existence has been repeatedly questioned with attempts of abolition followed by reactivation. The economic crisis of 2008 brought again into question the legitimacy and efficiency of the functioning of the province. The latter was about to be abolished by means of an unsuccessful constitutional reform, which was rejected in the constitutional referendum of December 4, 2016. Nevertheless, in 2014 Parliament adopted the so-called Delrio Act, which did not eliminate the province, but transformed it into the so-called wide territorial unit (enti territoriali di area vasta) together with the newly created metropolitan cities. In Sicily, the provinces were abolished and free consortia were created in their place, while in the Friuli-Venezia Giulia region inter-municipal territorial unions were formed. After the reforms carried out as a result of the economic crisis of 2008, the province became only one of many units of an intermediate level of the state structure and its actual significance was related to the policy of a particular region and assigned functions (regional rescaling). The weakening of the political position of the province is associated with its increasing dependence on the region, the elimination of the direct election of its organs, unpaid character of work in provincial bodies and the reduction of financial resources for existing competences.

Citizens’ Legislative Initiative in Italy – Legal Regulation and Practice

The Italian constitution of 1947 regulates two forms of direct democracy: people’s initiative and a referendum. According to its Art. 71 sec. 2, at least fifty thousand voters have the right to introduce legislation, a draft must be formulated in articles. Details of the procedure are laid down in Law 352/1970 “Norme sui referendum previsti in Costituzione e sull’iniziativa legislativa del popolo”. The signature collection procedure is complicated and requires the collection of many declarations and confirmations. A review of citizens’ bills submitted to the chambers of the Italian Parliament from 1996 to today shows that the number of these bills varies between twenty and thirty some in a term (several per year). Until 2020, there was no discernible trend in this respect, neither upward nor downward. A very small proportion of the citizens’ bills submitted becomes law. Therefore, it should be assessed that the right to submit citizenship bills is also treated – or perhaps even primarily – as a political tool, an instrument used to initiate discussions on socially and politically important topics.

Italian Migration Policy

Italy, due to it is geographical location, is extremely exposed to migratory movements. Over the past few decades, the Republic has undergone a far-reaching transformation from sending to receiving country. A country in which a migration policy practically did not exist had to build it from scratch quite quickly, which was associated with many of its disadvantages, reformed over time. A breakthrough moment was the migration crisis initiated in 2011 and caused by the Arab Spring in North Africa. It was a real test not only for the Italian migration policy, but in retrospect also for the entire European Union, where, unfortunately, there was no enough solidarity.

Organized crime in Italy and its impact on organized crime in some European countries

This article presents some Italian criminal organizations that have expanded their activities outside Italy. The factors influencing the shaping of criminal groups are also presented and the history of selected groups of this type is described. The origins of the word mafia were made. Types of organized crime were presented. The directions of emigration of Italian groups were indicated.

State of Emergency in the Italian Republic During the Covid-19 Pandemic – Constitutional Aspects

The Covid-19 pandemic forced European Union member states to introduce modern European standards regarding human rights and the rule of law in an unprecedented crisis. In 2020 Italy was the first affected country in Europe. Italian authorities, forced to take new and more stringent measures to contain the virus’s expansion, have introduced a state of emergency that may last until 2022. From a constitutional law perspective, the coronavirus emphasizes the need to consider the Italian “emergency constitution”. The ongoing health crisis gives rise to some reflections on the lack of an articulated crisis framework in the Italian constitution and whether existing tools are adequate to face of contemporary threats. This article discusses the Italian Constitution and other laws in the country relating to the state of emergency during the Covid-19 pandemic.

Mafia and politics – Antagonism or interdependence?

Many researchers of the history of Sicily and the current events on the Island claim that Sicily became enslaved by mafia. However, if one performs a deeper analysis of this land, he may draw a conclusion that Sicily was never free. Starting from the mythical Cyclops, there was no invader who would not be lured by legendary fertile and beautiful piece of land – a bridge between Europe and Africa. Organized crime in Sicily emerged as a resistance against the foreign presence on the island.

Presidential Re-election in the Political System of the Italian Republic. From Theory to Practice

The Constitution of the Italian Republic, in the section devoted to the head of state, does not refer anywhere to the issue of re-election or term limits. From the beginning of the Italian Republic, the debate on this issue was theoretical in nature, until 2013. Then, for the first time in history, a sitting president was elected for another term. The situation took place again in 2022. These events resulted in the transfer of the topic of re-election from a theoretical to a practical one, being perceived as a real tool in the hands of the electors. The aim of this work was to examine the issue of presidential re-election in the Italian political system. Legal and political analysis has shown that the presidential re-election, which for years was perceived in Italy as an undesirable solution, ultimately contributed twice to the stabilization of the Italian political system.