Le référendum constitutionnel en Italie: cadre juridique, implications politiques et perspectives pour l’avenir
Le référendum constitutionnel en Italie: cadre juridique, implications politiques et perspectives pour l’avenir

Summary/Abstract: There are several reasons for the rejection by referendum, on 4 December 2016, of the constitutional reform sponsored by the Government led by the Democratic Party leader, Matteor Renzi. Some reasons are of a political nature, other of a constitutional one. The intention of the constitutional legislator was to transform the constitutional referendum into a remedy used in case of absence of a consensus within the Parliament, between the political parties. However, in time, the nature of the referendum has changed: from an “opposition” tool versus an uncertain parliamentary will, it has become an almost plebiscitary tool of “confirmation” of the governmental reforms. The distortion of the nature of the constitutional referendum in the most recent cases shows that the attempt to take a distance from the goals of the constitutional legislator failed. The debate on the constitutional reform and the referendum produced deep divisions not only at the level of political forces and of civil society, but also within the community of constitutional lawyers, with frequently inflamed confrontations and with strong political implications.

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