LA PROROGATIO DEL GOBIERNO EN ITALIA (CON PREMISAS GENERALES SOBRE EL INSTITUTO DE LA PROROGATIO EN LA FORMA DE GOBIERNO ITALIANA)

This paper is dedicated to the institution of prorogatio of the Government within the Italian constitutional system. Following preliminary remarks on prorogatio in the form of government and its specific features, the stu dy offers a reconstruction of the limits arising from the prorogatio of the Executive, which are not expressly defined in the Constitution or by legis lation. A distinction is made between limits linked to the principle of pro portionality or reasonableness, and limits of competence. The former are explained by the fact that a government in prorogatio may exceed ordinary administration in cases of urgency or when postponement is not feasible; in such cases, it is not possible to determine in advance which powers may be exercised, and each situation must be assessed individually, according to reasonableness. Limits of competence may be inferred from a systematic interpretation of the Italian Constitution: it is certain, for instance, that a government in prorogatio is not entitled to raise a question of confidence. One may also ask whether it may resort to the adoption of decree-laws.