Restoring Parliament’s constitutional guarantees: the initiative that no one dared to propose

Redazione
01/08/2025
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Who today dares to propose a law that defends politics and does not crucify it? Who has the courage to challenge the Jacobinism of anti-politics, which has been poisoning the relationship between citizens and institutions for thirty years? Who, in a climate dominated by suspicion and populism, is willing to put its hand to a demonised but fundamental constitutional guarantee?

Today sees the start of a very courageous collection of signatures for a popular initiative bill that tries to answer these questions: the restoration of Article 68 of the Constitution in its original wording. An unpopular gesture, certainly. But it is precisely in its unpopularity that its value lies: that of affirming that without a free, autonomous and respected Parliament, democracy runs the risk of becoming just an act. Promoted by the Luigi Einaudi Foundation, and supported with conviction by L’Europeista and numerous other associations and personalities from the liberal world, this initiative aims to reopen a mature and courageous debate on the role of institutions, the relationship between the powers of the state and the quality of our democratic system.

But let us take a step back and explain the matter technically. Article 68 of the Constitution, in its original wording of 1948, contained two fundamental guarantees: on the one hand, the non-indemnity for opinions expressed and votes cast by parliamentarians in the performance of their duties – a rule that is still in force today; on the other hand, a much broader protection, eliminated in 1993, which subordinated all restrictive measures of personal freedom (such as arrests, searches, wiretaps, pre-trial detention) to the authorisation of the Chamber to which they belonged, except in cases of flagrante delicto with mandatory arrest or final sentence. This guarantee was not an individual privilege, nor a shield for the corrupt, but an instrument to protect the freedom and autonomy of Parliament, designed by the constituents to prevent the judiciary from conditioning or intimidating the legislature. With the 1993 reform, in the midst of the justicialist season and on the emotional wave of Clean Hands, this protection was dismantled, making parliamentarians substantially equal to any citizen in criminal proceedings, but depriving the institutional system of an important balance of powers. Restoring that rule today means reaffirming the principle that the independence of the legislative power is a necessary condition for an accomplished democracy.

The proposal therefore aims to reintroduce the requirement of authorisation by the Chamber of which the Member of Parliament is a member before being able to proceed criminally against a Member of Parliament. Those who wish to support this battle can sign online in a few seconds at the following link:

https://firmereferendum.giustizia.it/referendum/dettaglio/4400002

The procedure is simple and secure: just authenticate yourself with SPID or Electronic Identity Card. For those with doubts, the Einaudi Foundation has also made available a short tutorial that accompanies the signing step by step.

Like all citizens’ initiative bills, this one does not claim to rewrite the constitutional pact on its own. It is, rather, a stone in the pond. But a stone thrown with determination, to break the flat surface of populist homologation and open a crack in the wall of political hypocrisy. Representative democracy, emptied in the number of its representatives and in the functions of Parliament, needs to be defended and relaunched, not further delegitimised.

The restoration of Article 68 is a proposal that speaks to those who still believe in the primacy of politics, in the autonomy of legislative assemblies, in institutional responsibility. At a time when judicial enquiries turn into media trials, and suspicion is worth more than investigation, this initiative asks us to stop for a moment. To return to thinking before judging. To choose the difficult profession of democracy, instead of the easy path of anger.

In a context where public opinion is often directed towards seeing guarantees as an obstacle to justice, there is a need to reiterate that there is no real justice without shared rules. There is no freedom of citizens if there is no freedom of their representatives. And there is no rule of law if the powers of the State are not in balance.

That is why L’Europeista supports this battle with conviction. Because defending the institutions is not a conservative gesture, but a revolutionary one. Because today the real rebellion is to say no to populism that disrupts, and yes to politics that builds.

Sign, reflect, spread.