Right to postpone the constitutional referendum, wrong to add it to regional elections

Postponing the constitutional referendum scheduled for March 29, given the health emergency which also complicates the conduct of an adequate information campaign on a complex and delicate issue, is a correct choice. Calling the Italians to decide whether to reduce the parliamentarians from 945 to 600, completing the constitutional reform underway, involves not only a (small) saving in expenditure, but also effects on the functioning of the parliamentary system and on representation. And therefore it requires adequate information, to allow a conscious vote.

While waiting for the new date to be set, it is clear that until the referendum is voted, the constitutional reform will not be perfected. Therefore, a possible early dissolution of the chambers – however unlikely to date – would lead to vote again with 630 deputies and 315 senators.

But the current profile concerns the possible “combination” with the spring regional elections, requested by some parties.

In my opinion, the constitutional referendum can never be combined with other consultations, to allow the voter to fully grasp the importance of that vote.

The constituents have foreseen that the constitutional reform can only take place with a special procedure, which requires high majorities and the possible intervention of the popular referendum, to integrate the parliamentary will.

That is, it is a very relevant and significant vote that cannot be subject to any form of conditioning, not even indirectly.

Moreover, it is no coincidence that the law on the so-called “Election day” provides that – for the purpose of saving costs – all electoral consultations can be combined, but without including constitutional votes.

Article. 7, paragraph 1, of the decree-law n. 98 of 2011 states that “From 2012 electoral consultations for the elections of mayors, of the Presidents of the provinces and regions, of the municipal, provincial and regional councils, of the Senate of the Republic and of the Chamber of Deputies, are held, compatibly with the provisions of the respective regulations, on a single date throughout the year “. It also allows the elections of the European Parliament and the abrogative referendums to be combined on that date.

But – not surprisingly – it does not mention constitutional referendums, precisely because of their particular nature and meaning.

For our current referendum on the cut of parliamentarians, then we also have another topic that advises against pairing. The regional vote is foreseen only in Veneto, Liguria, Tuscany, Marche, Campania and Puglia, together with some administrative elections, such as in Venice, Reggio Calabria and Bolzano.

It is clear that the combination with political elections that take place only in some territories could create disparities and staggers also with regard to the territorial percentage of the voters, perhaps higher in the regions even with a political vote.

Moreover, already in Roman law it was known that it is better to avoid the combination of heterogeneous votes, so much so that it was enacted in 98 BC. the lex Caecilia Didia de modo legum promulgandarum, which forbade the rogationes per saturam, that is, the referendums that mixed topics that were too different from each other.

* Professor of constitutional law at RomaTre University