Udział parlamentu w postępowaniu w sprawie odpowiedzialności konstytucyjnej Prezydenta Republiki Włoskiej
Participation of the parliament in the proceedings on the constitutional responsibility of the president of the Italian republic

Summary/Abstract: The article is devoted to the analysis of the legal arrangements governing the parliamentary stage of the proceedings concerning the constitutional responsibility of the President of Italy. The President may be held to constitutional responsibility for a constitutional tort, which may be, in accordance to Art. 90 of the Italian Constitution, a high treason or violation of the Constitution. Unfortunately, the Italian constitution-maker has not clarified these concepts. Therefore, the authorized entities can determine whether the particular action or omission should be qualified as a high treason or violation of the Constitution.The right to demand the constitutional responsibility of the President is given to a group of ten deputies or the chairman of the parliamentary Giunta. The resolution of the Parliament to put the president on trial is preceded by a preliminary investigation,conducted by an appropriate committee. If the committee considers the charges against the President reasonable, it submits a report at the joint meeting of both chambers. At the meeting, there is a debate on the constitutional tort committed by the President of the Italian Republic, after which the voting is held. The proposal is adopted, when it receives the absolute majority of votes. The resolution adopted by the Parliament is an indictment against the President of the Republic.The analysis of the Italian practice shows that up to now only few attempts of initiating the proceedings leading to the constitutional responsibility of the President of the Republic have taken place.

• Details
• Contents