Marco Cerase

Sviluppi e contrasti in materia di verifica dei poteri

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The matter of political elections is substantially regulated by the law, to which the Constitution itself explicitly reserves (under Art. 65) the identification of the reasons for ineligibility for and incompatibility with election to public office, and implicitly reserves (pursuant to the final paragraph of Art. 72) the regulation of the electoral systems. This discipline is nevertheless administered by third-party organs only up until the time of proclamation. Regarding the subsequent phase and eventual controversies, what is spoken of is a verification of powers, an attribution reserved by the Constitution to each House regarding its own members (Art. 66). The essay - which provides examples drawn from past and recent parliamentary experience - examines the various phases and related problems thereof, with particular reference to the tendency, which has become more pronounced under the majority system, to enforce the norms in terms of party alignment.


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