Italy's Constitutional Court on Thursday threw out as inadmissible two proposed referendums seeking changes to Italy's controversial election law — a move that all but rules out early elections. The court's reasons won't be published until early next month, but the decision places the major task of rewriting the current law on the fractious Parliament before new elections can be held.
Premier Mario Monti took over in November with the task of passing austerity measures and reforms to save Italy from collapsing under its enormous public debt, and bringing down the common euro currency with it. While the technical government can legitimately stay in power for the remainder of the current legislative period, which ends in the spring of 2013, some parties have called for early elections.
The election law, last tweaked in 2005 by former Premier Silvio Berlusconi's government, gives bonus seats to winning parties, handing an absolute majority to a coalition that may have only won a plurality, and allows party leadership to decide candidates, viewed by some as undemocratic. "If the political parties are going back to elections in 2013 with this law, and the kind of bickering we have had for the last few years, this country is going to be in big trouble," said Franco Pavoncello, a political science professor at Rome's John Cabott University.
Pavoncello said the court's decision also makes it highly unlikely, if not impossible, that new elections could be held this year, as some parties would like, thereby securing Monti's technical government until 2013. "It basically says we are going to vote in the spring of 2013, and Monti is going to be there until then," Pavoncello said.
The scenario provoked a vitriolic reaction to the decision from Antonio Di Pietro, a former prosecutor whose Italy of Values party was a main sponsor of a referendum seeking a more representational system. Di Pietro has refused to give the Monti government blanket support, saying his party would vote issue by issue. "There is nothing legal or constitutional about this decision ... (it is) political, to do a favor for the head of the state, to the forces of politics and the majority in Parliament," Di Pietro said in comments posted on his party's website.
The comment drew an immediate response from the office of President Giorgio Napolitano — the head of state — calling it "a vulgar insinuation that was completely gratuitous." Mario Segni, one of the sponsors, said that Italy called it a "political and not legal decision," and expressed concern the issue would be put on the backburner.
"Italy had a chance to rid itself of one of the worst laws that has ever been approved. Unfortunately, the court didn't know how to resist pressure from a political world that considered the referendum an unnecessary disturbance."
In Italy, a referendum may do away with existing laws, not create new ones. Pavoncello said the court may have felt that the referendums would have had the effect of writing a law, which would be against the constitution.
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