APPELLO PER UNA RIFORMA DELLA LEGGE ELETTORALE  |
| Angelo Boccali |
Vi porto a conoscenza di un documento redatto dopo vari incontri avuti con amici delle province di Brescia, Mantova e Cremona ( sindaci, ex sindaci, assessori, municipal council members and ordinary citizens)
FOR REFLECTION ON ELECTORAL LAW
Abstract
The debate on the prospects for reform of the electoral law in Italy has touched issues that, despite the diversity of approaches and solutions, relating to the structure of a mature democracy.
this is clearly not an abstract engineering constituency, but to assure the country, according to democratic rules as widely shared, a politico-institutional representative and effective, che sia in grado di affrontare con urgenza le questioni delle riforme strutturali e delle innovazioni in campo economico, sociale, scientifico-culturale, di cui l’Italia ha urgente bisogno.
Per conseguire tale obiettivo é essenziale che le forze politiche sappiano mettere tra parentesi il proprio immediato tornaconto (anche elettorale) per collocare al centro del loro impegno il bene comune del Paese, in un contesto globale che richiede adattamento creativo, immaginazione politica, capacità di gestione di una crescente e talvolta problematica complessità.
Some guiding principles
Ideally, every electoral law should be assessed against the backdrop of political and institutional system within which, with particular reference to mechanisms that ensure balance and mutual control of powers, the system of constitutional guarantees, the protection of rights and freedoms, respect of shares in the levels of territorial government.
In a representative democracy, the exercise of popular sovereignty is expressed, along with other important forms of participation, through the casting of votes. Here why the electoral laws should be viewed as quasi-constitutional rules, in the sense that they should provide a neutral setting for the exercise of political rights. The rules of the electoral-political confrontation should therefore constitute a common heritage of all political forces as possible and to remain constant over time. The adjustments that may be necessary, such as a change in the demographic situation, should be operated under common measures of redefinition of boundaries, but without affecting the electoral system as such.
In order to steal the election laws to the arbitrary of fickle majorities, they should hopefully be adopted in accordance with "reinforced" for the planned constitutional amendments and the constitutional law (Article 138 of the Constitution). To this end, the Parliament should enact previously a constitutional law stipulating that the laws governing the system of election of the Chambers shall be approved by Parliament in accordance with the procedures of Article 138.
An essential principle of an elected and loyalty to the electorate, even in terms of continuity, during a term, of membership the group of original registration. In this regard, a key point related to electoral reform, and the question of reform of parliamentary rules. We believe that Parliament should be made operational only parliamentary groups on formation of the Parliament on the basis of the results of the votes of the list. The absence of constraints mandate under Article 67 of the Constitution should be interpreted in this case as the freedom for an MP to leave the parliamentary group in which he was elected, but only and exclusively to join the so-called "mixed group". The ability to create new divisions or regrouping through parliamentary groups should be prevented, come pure la facoltà di un parlamentare di aderire singolarmente ad un gruppo parlamentare diverso da quello di originaria appartenenza, fatta eccezione per il menzionato “gruppo misto”.
Riteniamo altresì che ogni legge elettorale, in un sistema parlamentare, dovrebbe auspicabilmente riuscire a contemperare due principi fondamentali:
- assicurare la governabilità, attraverso la definizione di maggioranze parlamentari stabili e durature;
- ensure the representation of political forces in the country and operating in the territories.
The electoral law in force
In the case of the current electoral law, reveals some problematic issues which should be placed urgent remedy.
1. not blocked lists allow voters to make a choice among several candidates of the same political party. In this regard, in the absence of a consensus on substantial changes to the law, the parties should at least adopt and make public, before the compilation of lists and at different times during the election itself, a code of self-regulation that was the face of the criteria for their formation, which however should be a procedure for large and substantial consultation with voters on a territorial basis in order to identify the most suitable candidates with the following parameters: - give the electorate a real choice between candidates not only in terms of programs and political leaders that they support, but also, equally, with respect to personal qualities, which means allowing voters to vote for the candidates proposed listings on the basis of motivation and evaluation of ethical commitment disinterested;
- whatever is, technically, the system for selection of candidates (indicated by the governing bodies of partiti o, all’altro estremo, attraverso consultazioni primarie) è essenziale che le formazioni partitiche garantiscano sempre e senza eccezioni agli elettori la possibilità di scegliere, tra i candidati, coloro che abbiano le caratteristiche segnalate;
- in particolare, è essenziale che gli elettori possano scegliere, nell’attuale situazione di scarso ricambio della classe politica in Italia, tra un congruo numero di candidati giovani e di donne;
- Finally, citizens should not be candidates for which have been handed down final judgments of conviction for criminal offenses or against public administration.
2. The coexistence of two "corrective" - \u200b\u200ba minimum threshold and a substantial reward for the majority - on the one hand reduces the possibility of expression of political preferences of citizens, the other makes an overstatement in terms of parliamentary seats, the political preferences expressed by some citizens. Pluralistic representation and governance should be made compatible in the same system.
3. The different criterion for awarding the prize of majority (in the House on a national scale, the Senate on a regional basis) may produce different majorities in both houses, especially in situations of party fragmentation such as that the country could find a face in the next electoral round. Even in this case should be complete harmonization between the two systems of allocation of the prize.
An appeal to all political forces
Given the grave economic situation that goes through our country in a global context of crisis not yet passed, with nearly 8 million people in poverty and a troubling unemployment threshold, we consider responsibly desirable that if this Legislature will continue to give a serious answer to these problems, for the good of the country.
Are we also realize how difficult that may appear objective, at this stage, the atmosphere that we breathe, the political forces could put his hand to a wider constitutional reform based on shared.
However, we believe that every effort should be made for at least a modification of the current electoral law. Do not express any evaluation or against one or the other reform options being considered is that of public debate, putting the responsibility to Parliament that the responsibility to make choices that are the wider sharing.
There is however one aspect which, as citizens, we strongly and with absolute priority, the commitment of all political forces: the abolition of blocked lists and reintroduction of preferences.
consider an inalienable right guaranteed by Article 1 of the Constitution, which relates to popular sovereignty, the ability of citizens to choose, in a direct and not mediated by blocked lists, deputies and senators.
you catch a glimpse of the possibility to resume the relationship - now seriously compromised - between Parlamento e cittadini, tra i parlamentari e il loro territorio, tra la politica e la vita comune.
E’ un appello accorato che vi rivolgiamo, come espressione della società civile, dei gruppi, delle associazioni, del mondo del volontariato, di quanti dedicano passione ed energie al bene comune, e che chiedono la restituzione della titolarità della scelta dei propri rappresentanti in Parlamento.
E’ un appello che viene avanzato da cittadini facenti riferimento a differenti opzioni partitiche, dei vari schieramenti politici, i quali confidano che almeno su questa richiesta - minimalista ma che ritengono di fondamentale importanza - tutte le forze politiche possano trovare un punto di convergenza ed una generale condivisione.
In a representative democracy, the exercise of popular sovereignty is expressed, along with other important forms of participation, through the casting of votes. Here why the electoral laws should be viewed as quasi-constitutional rules, in the sense that they should provide a neutral setting for the exercise of political rights. The rules of the electoral-political confrontation should therefore constitute a common heritage of all political forces as possible and to remain constant over time. The adjustments that may be necessary, such as a change in the demographic situation, should be operated under common measures of redefinition of boundaries, but without affecting the electoral system as such. 
1. not blocked lists allow voters to make a choice among several candidates of the same political party. In this regard, in the absence of a consensus on substantial changes to the law, the parties should at least adopt and make public, before the compilation of lists and at different times during the election itself, a code of self-regulation that was the face of the criteria for their formation, which however should be a procedure for large and substantial consultation with voters on a territorial basis in order to identify the most suitable candidates with the following parameters: 
