A group of leading Italian experts on the constitution, including three former supreme court chief justices, have spoken out over the media silence given to the referendum campaign on the constitutional reforms passed by the government of Premier Silvio Berlusconi.
The reforms were definitively passed last November but since they did not gain two-thirds support in parliament they can be overturned by a referendum vote. In order to hold a referendum, promoters have three months from its passage to meet one of three conditions: get one fifth of the members of the House to ask for a popular vote, gather 500,000 signatures from registered voters or have five out of 20 regional councils formally ask for referendum. Less than three weeks remain to meet these conditions
In their protest, the experts complained that there had been a "resounding silence" on the referendum proposal in the printed and broadcast media which represented an "inadmissible violation of the rules which guarantee the sovereignty of the people in violation of their constitutional rights".
Among those signing the protest were former Constitutional Court chief justices Leopoldo Elia, Gustavo Zagrebelsky and Valerio Onida. Government critics have blamed Berlusconi for the referendum 'black out' because he owns Italy's three leading private television channels, popular radio stations and a slew of magazines through his Mondadori publishing house, Italy's largest.
As premier he also influences the state broadcaster RAI and critics say this gave him virtual control over 90% of the Italian broadcast media.
The constitutional reforms pushed through parliament without a general consensus by his center-right majority grant greater powers to Italy's regions in the areas of health, education and local policing. Aside from the question of devolution, the reforms also make radical changes to Italy's institutions and increase the powers of the premier.
Italy's Constitution was drawn up in 1947 and includes a series of barriers, with its separation of powers and system of checks and balances, designed to prevent the emergence of another Benito Mussolini, Italy's Fascist dictator.
Four key changes underpin the reform plan: increasing the powers of the premier while trimming those of the president; transforming the Senate into a federal rather than a national legislative body; devolving powers from the State to the regions; and reforming the Constitutional Court so regional interests are represented.
The premier would be directly elected by voters and given the powers to hire and fire ministers, propose that parliament be dissolved and call elections. If the premier were to lose majority support, the majority could present a motion of no-confidence together with the name of a new candidate for premier.
With the present system, only parliament can dismiss a minister via a no-confidence vote, while it is up to the president to dissolve parliament and call elections. The Senate would be given the definitive say on laws involving the regions but the government would be given the right to block a regional law deemed damaging to national interests.
The House, meanwhile, would have the final say on laws regarding the State such as foreign, defence and justice policies.
The two chambers would legislate on an equal footing on laws regarding social policy and civil rights. Laws on these issues would enjoy a fast track through parliament.
The Constitutional Court, the supreme arbiter of Italian justice, would retain its 15 members but they would be appointed differently. Under the current system, five are appointed by the president, five by parliament in joint session and five by the highest law and administrative courts.
Instead, four would be appointed by the president, four by the courts and seven by parliament.
The head of state would have less power to question legislation.
