Abstract
This study sets out to examine the constitutional roles of the Italian and German presidents, with the aim of drawing conclusions based on the differences or semblance in the duties or powers granted to and played by each.
The President Of Italy
The President of the Italian Republic (Italian: Presidente della Repubblica Italiana) is the head of the State and represents the unity of the Nation. He or she is intended to represent national unity rather than a particular political tendency in his term of seven years in office;
The duties and powers of the President of the Republic are as laid down in the Italian constitution. He calls elections of the Chambers and fixes their meetings. In discharging his legislative functions he authorizes the presentation of proposed laws in Parliament on the part of the government; promulgates the laws approved in Parliament and issues decrees having the same force of law and regulations. He has the right to call a referendum in such cases as are laid down by the Constitution and in case the referenda are popular with the voters.
The president is responsible for accrediting and receiving diplomatic dignitaries as required by state laws. He is the commander of the armed forces, presides over the Supreme Council of Defence and upon authorization of Parliament he can ratify international treaties and declare a state of war, if the sovereignty of the state is threatened by any external forces and may order them to perform such military duties as, in his opinion, are necessary or appropriate for the defense of the State. He presides over the High Council of the Judiciary. He may grant pardons and institute punishments. He also confers honours of the Republic to individuals.
In relation to the administrative acts and regulations of the government; the president also appoints State officials in such cases as are laid down by the law. For instance he appoints the President of the Council of ministers, ambassadors, special envoys among other state officials.
President Of Germany
The President of Germany (German: Bundespräsident, literally: federal president) is the head of state of the Federal Republic of Germany. His functions are mostly representative. The constitution created a semi-presidential system in which these powers were divided between the President, a cabinet and the parliament (Reichstag).
The German Reich (government) ceased to exist in 1945. After a period of Allied occupation, two German states were created in 1949: the federal republic of Germany (West Germany) and the German democratic republic (East Germany). Each republic had a head of state with the title of President, although in 1960, East Germany abandoned the title. There continued to be two heads of state in German until the in 1991 when there was reunification. At that point the President of the Federal Republic became the president of the whole of Germany.
The President then, enjoyed far greater powers than the current president and had an active political role, rather than a largely ceremonial one. The influence of the President also increased greatly as a result of the instability of the Weimar period. From the constitution, the President has authority to appoint any Chancellor he wishes and could dismiss the entire cabinet at any time
All bills have to receive ratification from the president to become statutory law and at times the president could insist that a law be submitted for the approval of voters in a referendum.
The president also has authority to dissolve the Reichstag, conduct foreign affairs, and command the armed forces. The constitution also provided the president with powers in the event of a crisis. For instance, if there was a threat to public order and security.
Comparisons
In the German practice, holders of the office of the head of state treated the role of president as a ceremonial, non-political one, and acted in accordance with the advice and directives of the Federal Government. Unlike Italy, the German president is not designated as the commander-in-chief of the military (ceremonially or otherwise). This role is vested in times of peace in the Minister of Defence, going to the Chancellor rather than the President in times of war,
The head of states are the Chief appointments officers. They appoint most or all the key officials in the government and civil service including members of the cabinet, the Prime minister or an equivalent like the chancellor;, key judicial figures, and all major appointments of the federal government: The Presidents have the mandate to propose individuals and then appoint them to the office. In Italy the president could appoint the Prime Minister while the German president appoints the Chancellor.
Dissolution of the Bundestagor the council of ministers: In the event of electing an individual for office, it is at the discretion of the Presidents to, either appoint or dismiss them. The Presidents may also, at his discretion; dissolve the governing bodies or let them stay The head of state may also dismiss office-holders. In presidential systems, the president often has the power to fire ministers at his sole discretion.
Promulgation of the law of all laws is done by the presidents before they can come into effect according to the order mandated by the constitution and/or if the content of the law is constitutional. If not, they have the right (and, some argue, the duty) to refuse to sign the law. The signing of a bill into law is called promulgation
Foreign relations of these states demand that the Presidents visit and receive foreign dignitaries. They draw and conclude treaties with foreign nations, accredit diplomats and receive the letters of accreditation of foreign diplomats. They also grant pardons and give state honours to individuals. In the event of a national crisis, the emergency laws in the countries designate the President as a mediator.
At home, they are expected to grace various occasions by their presence, such as by attending sports or artistic performances or competitions, celebrations, military parades and remembrances, prominent funerals,
Their other prerogatives include delegation of duties to other officials especially In cases where one person is head of state of two or more sovereign countries, like in Germany, there may be need to appoint a permanent representative in each (except in the head of state’s country of primary residence). Usually one of the senior leaders of the largest party and the country the president is nonetheless expected to be nonpartisan after assuming office.
There is a serious disagreement about whether the presidents, in fact, have greater powers than the above description would suggest. Some argue that nothing in the Basic Law suggests that a president must follow government directives. For instance, the president could refuse to sign legislation, thus vetoing it, or refuse to approve certain cabinet appointments. In very rare cases has this happened.
Conclusion
In conclusion, it is clear that the Constitutions in both countries grant all federal executive power in the President to ensure a unity in purpose and energy in action. The centralization of authority in the Presidency is crucial in matters of national defense, diplomatic rows and foreign policy, where a unitary executive can evaluate threats, consider policy choices, and mobilize national resources with a speed and energy that is far superior to any other branch.
Reference
Berlin: Reich Government, (1934), Reichgesetzblatt part 1 p. 747.