LA REPRESENTACIÓN POLÍTICA EN ITALIA: POLÍTICA Y FEMINISMO DE ESTADO PDF

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LA REPRESENTACIÓN POLÍTICA EN ITALIA: POLÍTICA Y FEMINISMO DE ESTADO. UN BREVE ANÁLISIS DEL RECORRIDO EN CUANTO A REPRESENTACIÓN POLÍTICA FEMENINA EN ITALIA, FEMINISMO DE ESTADO Y POLÍTICA DE GÉNERO...

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INTE INTERNA RNA RNATION TION TIONAL AL MOBIL MOBILITY ITY - 1900 1900096 096 096391 391 CU CURSE RSE 22021 021 021//20 2022 22

ANALYSIS OF PUBLIC POLICIES SECOND INTERMEDIATE TEST “GE GENDE NDE NDER, R, RE REPRE PRE PRESENT SENT SENTATIVE ATIVE ATIVENE NE NESS SS AN AND D POL POLITIC ITIC ITICAL AL PPARTIC ARTIC ARTICIPA IPA IPATION TION IN IITALY: TALY: FRO FROM M TH THE E BRIE BRIEFF ST STAGE AGE OF EELECT LECT LECTORA ORA ORALL QU QUOTAS OTAS TO THE AME AMEND ND NDMEN MEN MENTT OF ARTI ARTICLE CLE 51 O OFF THE CON CONSTIT STIT STITUTIO UTIO UTION N”

Auth Author or

JON ANDER BORREGUERO LIZCANO

Bolo Bologna, gna, 1 D Decemb ecemb ecember er 2202 02 021 1

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CON CONTEN TEN TENTS TS IN INDEX DEX CONTEN TENTS CON TEN TS 1. INT INTROD ROD RODUCTIO UCTIO UCTION N

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Synthesis or presentation of the topic 2. CON CONTEX TEX TEXTUAL TUAL TUALIZATI IZATI IZATION ON

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General situation of the subject to be discussed 3. ANA ANALYSI LYSI LYSISS

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Exhaustive analysis of the path of public policy change (comparing results) and its respective process 4. PUBL PUBLIC IC PPOLIC OLIC OLICYY OU OUTCO TCO TCOME ME

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The way in which it has had an impact on results 5. REA REASONE SONE SONED D RE REFLE FLE FLECTION CTION

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Main ideas or conclusions reached after the analysis of reference policy output 6. REVIE REVIEW W OF EEXISTI XISTI XISTING NG LLITERA ITERA ITERATURE TURE Written sources used that make up the document

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1. INT INTROD ROD RODUCTIO UCTIO UCTION N The issue of gender representation in the access to elective functions deals with the more general problem of discrimination between men and women. In Italy this consideration has represented the starting point for the development of legislation and constitutional doctrine which have gradually recognized the need to adopt measures in order to ensure women’s access to elective offices and other public duties on equal grounds with men. The so called “women question” in Italy shows, according to the european community, an important democratic deficit. That’s why more specific means should be enacted against discrimination in order to promote equality between men and women in the field or political participation. Positive actions in favor of women belong to this kind of measures. In Italy this process began through electoral shares (1993-1995) and the Supreme Court resolution n. 422/1995. Afterwards some regulations regarding equal treatment were approved within constitutional laws n. 2 and 3 of 2001, assuming a change of paradigm within Italian Supreme Court. In fact, they signed what will be the spirit of the Law of 21 December 2005, n. 270 regarding the italian electoral system. Measures in the cultural arena will offer more fruitful outcomes in the medium and long term when we are dealing with equality of opportunities and the challenge of protecting and fostering the goals already obtained. In this sense last modification of art 51 of Italian Constitution has reached not only a symbolic and pedagogic change but an effective measure in favor of women in the field of political participation. The issue of gender equality in access to elective office draws attention to various problems, among which is that of discrimination between men and women, which is still very present in Italian society in the 21st century. In fact, although from a legal point of view many forms of discrimination have been reduced, the problem of equality between men and women is still unresolved and takes on particular force when it comes into contact with the issue of political representation, involving issues related to the right to vote and to the freedoms associated with gender equality. The so-called "women's issue" is still at the top of the Italian political agenda, given that women are still undoubtedly underrepresented in parliamentary seats and government institutions, despite having contributed in the course of history with an essential - albeit unknown - role in the construction not only of Italy, but also of Europe. With the present work I would like to offer a prospective look at the current state of on the current state of Italian legislation in the field of positive action, possible progress on affirmative action, the progress that may have been made, the potholes that have occurred in this political and regulatory the possible strength of the parties and of the electoral system in force with a view to an electoral system with a view to a longed-for political renewal and the desirable healing of this traditional democratic wound. 2. CON CONTEX TEX TEXTUAL TUAL TUALIZATI IZATI IZATION ON

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The female presence in Italian constitutional bodies is still quite small in number and very limited in terms of senior positions. Tania Groppi and Irene Spigno in their article “Gender representation in Italy” (2011) present several data from the annual analysis of the World Economic Forum that prove this assertion. In the ranking, Italy ranks 74th out of 134 countries on the issue of parity of opportunity in politics. The data show that no woman has ever held the office of President of the Republic or President of the Council of Ministers, and the office of Speaker of the Chamber was held by women only in the legislatures of 1979, 1983 and 1987, with the election of Nilde Iotti, and in that of 1994 with the election of Irene Pivetti; the only exception to the exclusive monopoly of men. In the 2008 general elections, 133 women were elected to the Chamber of Deputies out of a total of 630 deputies and 58 out of 315 senators in the Senate. The article "Legislación italiana sobre acciones positivas en favor de las mujeres en el sector de la participación política" (García, 2008) also provides truly representative data on the active and passive participation of women in political activity, which once again highlights their real absence. The presence of women in parliamentary committees is approximately 9%. In general, this percentage is higher in the committees that deal with issues that are commonly considered to be within the competence of women. The presence of women in Italian government institutions, on the other hand, is still limited to 10% compared to men's presence, which is close to 90%. Also in the Regions, in general terms, there is a similar relationship between the presence of women and men as in the national institutions. At the regional level, the female presence is 10.8%, while 89.2% are men. Analyzing the Regional Councils at the individual level, however, the differences are even more marked: almost 8 out of 20 Regions had no women on their Boards as of 2003 (Abruzzo, Basilicata, Calabria, Friuli Venezia Giulia, Marche, Molise, Puglia, Sardinia). At the regional level, women advisors accounted for 13.2% and women councilors for 8.4%. Only one was President of a Region and only 4 were Presidents of Provinces. The current trend has not changed much and the percentages of female participation continue to be frankly low. Italy's commitment to implement policies for the promotion of the principle of equal opportunity has received a strong impetus from the normative and political activity of the European Union, whose has contributed a great deal and continues to contribute to overcoming this disparity in the representative field through increasingly incisive and demanding directives and recommendations. “Azioni positive per la realizzazione della parità uomo-donna nel lavoro e azioni positive per l`imprenditoria femminile, entrambe ispirate dalla politica europea di azioni positive promossa in quel periodo” (Kantola, 2010; cited in Capano and Natalini, 2020). The European Commission's choice to implement equal opportunities also through crosscutting interventions to all other policies has undoubtedly increased the power of impact. Since 1984, through a specific Recommendation of the Council of Ministers, “positive

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actions” have become the operative instrument of European policy to promote women's participation at all levels, in all sectors and in the workplace (García, 2008: 346). In relation to the foregoing, these actions seek to accelerate the process of establishing de facto equality and combat forms of direct and indirect discrimination against women. The sectors targeted by “positive actions” are mainly related to academic and professional training, access to work, career advancement, the inclusion of women in activities and professional sectors in which women are underrepresented, the balance and better distribution between the two sexes of family and professional burdens and responsibilities. “Positive actions” are made effective by means of a number of normative provisions which specify, through sometimes costly procedures, the means to achieve better opportunities for women. 3. ANA ANALYSI LYSI LYSISS Having introduced and contextualized the subject that concerns us, it is pertinent to analyze the political change, the political process and the political result of the path initiated with the electoral quotas, covering the years 1993 through 1995, up to the last measure adopted in terms of female representation in politics: the modification of article 51 of the Constitution. 3.1.The brie brieff stag stage eo off elec electoral toral qu quotas otas (1 (1993 993 993-199 -199 -1995) 5) In the course of the 1990s, as I have briefly anticipated, “positive actions” for the protection of male-female parity appeared in the Italian legal system. These “positive actions” were also extended to the area of political representation: in the three-year period 1993-1995, as part of the electoral reforms, a series of norms were approved aimed at guaranteeing an increase in the presence of women in representative assemblies, particularly in the Communal and Provincial Councils, in the Chamber of Deputies and in the Regions with ordinary statutes (García, 2008: 350-351); 

In the Communal and Provincial Councils, the Law of March 25, 1993, n. 81 (“Direct election of the Mayor, of the President of the Province, of the Communal Council and of the Provincial Council”), art. 5, paragraph 2, last paragraph, establishes that "in the lists of candidates neither sex may be represented by more than three quarters (in the case of municipalities with up to 15.000 inhabitants) and two thirds (in the case of municipalities with more than 15.000 inhabitants) of the assigned councilors".

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In the Chamber of Deputies, the Law of August 4, 1993, n. 277 (“New rules for the election of the Chamber of Deputies”), in art. 1, letter e) provides that "the lists submitted for the allocation of seats on a proportional basis are made up of male and female candidates in alternating order".

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In the regions with ordinary status, the Law of February 23, 1995, n. 43 (“New rules for the election of the councils of the regions with ordinary status”), in art. 1, paragraph 6, establishes that “in each regional and provincial list, neither sex may be represented by more than two thirds of the candidates; in the event of a fractional quotient, it must be rounded off to the nearest unit”. These were rules that undoubtedly provided for real and proper "quota" reserves, inspired by a "strong" model of positive actions, which can be contrasted with a "strong" model of positive actions, as opposed to the “weak” models based on voluntaryconsensual mechanisms. It should be noted, however, that the introduction of quotas led to relatively diverse results depending on the different electoral mechanisms to which it was applied. In fact:

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In the presence of systems that admitted the preferential vote (municipal and provincial electoral law, provincial lists of regional elections) the rule did not in any way translate into a guarantee of election, because the designation of those elected remained ultimately entrusted to the preferences expressed by the electors;

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On the other hand, in the case of systems without preferences (the so-called “blocked lists ” provided for in the electoral law of the Chamber of Deputies and in the regional lists of the regional elections), the quota relative to the candidacies made it possible to guarantee an analogous quota among all those elected. This obviously made it possible to influence the composition of the Assembly by imposing a certain quota of representatives on the basis of the necessary requirement of belonging to a certain gender.

It is observed that in the different countries that adopt legal electoral quotas, the positive impact on the increase in female representation is very diverse. Several factors are considered relevant to the effect of legal quotas. Among these factors are the electoral system, the type of list, the presence or absence of mandates, the size of the districts, the percentage of the quota, the way the law is drafted, the degree of commitment of the political parties to the law, the existence and type of sanctions established for noncompliance with the law, whether or not sectors of society demand compliance with the quota, the interpretation of the judiciary in favor or against the effectiveness of the law, and others (Aquino de Souza, 2011: 143-144). 3.2.Cons Constitu titu titution tion tional al cou court rt ru ruling ling n. 422/19 /1995 95 The group of rules explained above did not last long. It is therefore not possible to fully assess what the effects of these provisions would have been in the medium term. The quota system introduced by the new electoral laws, on the other hand, which was not without its difficulties of application, was declared unlawful from a constitutional point of view by judgment n. 422 of 1995. In the appeal of the Council of State, the objections were in particular against art. 5, paragraph 2, last paragraph, of Law n. 81 of 1993, in the part in which a reservation of quotas for one or the other sex on the lists of candidates

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for the elections of the communal councils of the municipalities with a population of up to 15,000 inhabitants was assured; the provision was suspected of being contrary to the principle of equality, sanctioned in art. 3, first paragraph of the Constitution, affirmed in electoral matters by art. 51 and art. 49 of the Constitution. Accepting the grounds of the appeal, the Constitutional Court not only declared the illegitimacy of the directly criticized norm, but at the same time extended the scope of its decision to all the legal norms that foresaw limits, links or reservations in the lists of candidates based on sex. Therefore, all the provisions relating to the elections for the Chamber of Deputies and the elections of the Regional Councils, as well as the analogous rules contained in the regional laws with a special statute on municipal elections, were declared constitutionally illegitimate. Based on this ruling, therefore, initiatives suitable for promoting the effective rebalancing of representation are excluded from the power of the legislature; however, they may be freely adopted by political parties, associations or groups that participate in the political parties, associations or groups that participate in electoral consultations, by including such objectives in their own statutes or objectives. As stated in “Legislación italiana sobre acciones positivas en favor de las mujeres en el sector de la participación política” (García, 2008: 356); the judgment, considered by many as a “step backwards” with respect to the goal of rebalancing female political representation, has undoubtedly represented an element of weakening in the process of defining the legal instruments aimed at ensuring such a result. Faced with the firm position of the Constitutional Court, two paths have presented themselves, not necessarily opposed to each other: finding innovative solutions, closer to those we have defined as “weak” models of positive actions based on incentives and not on the force of binding norms, or modifying the constitutional norms to overcome the Court's judgment in part or in whole. 3.3.Pari Parity ty pr provisi ovisi ovisions ons cconta onta ontained ined in C Consti onsti onstituti tuti tutional onal LLaws aws n. 2 and 3 of 20 2001 01 This subsection, relating to the laws of the year 2001 (Aquino de Souza, 2011: 161-162), addresses the approval of some constitutional reforms in Italy that were intended to allow future legal measures on electoral quotas based on sex to be considered legitimate by the Corte Constituzionale. Constitutional Law n. 2 of January 31, 2001, concerning the election of the presidents of the regions with special statutes and of the autonomous province of Trento and Bolzano, established that “in order to achieve a balanced representation of the sexes, the law shall promote conditions of parity for access to electoral consultations”. On the other hand, Constitutional Law 3 of October 18, 2001, altered Article 117 of the Italian Constitution to establish, among other provisions, that “regional laws shall remove any obstacle that prevents full parity of men and women in social, cultural and economic life and shall promote parity of access between women and men to elective office”.

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On the basis of these norms, some regions have passed laws to promote gender balance. For example, two provisions were inserted in the regulation governing the election of the Regional Council of Valle d'Aosta. One of them provides that “the Region must promote balanced gender representation and conditions of parity for access to electoral consultations”. The other stipulates that “each list for election to the Regional Council must provide for the presence of candidates of both sexes”. Despite the “timidity” of this rule, which is far from establishing a gender balance in the candidates for election, its content was challenged before the Corte Constituzionale by the Government of Italy in September 2002. 3.4.Jud Judgmen gmen gmentt n. 49/2 49/2003 003 003:: a ch change ange of ccourse ourse for the cons constitut titut titutiona iona ionall cou court rt The route reversal at the corresponds to a more general change of direction in each of the member states, which are progressively more in favor of the quota system, as a strong instrument for solving the democratic deficit also identified at the community level. In Italy, as I have previously stated, a period of constitutional reforms began with Constitutional Law n. 2/2001 —which introduces amendments to the special Statutes regarding the direct election of the Presidents of the Regions—, with Constitutional Law n. 3/2001 which, modifying article 117 of the Constitution, also extends to the ordinary Regions the task of promoting by law equal access to elective offices, and with the amendment of article 51 of the Constitution as we will see below. The reasons for this differentiation derive both from the different nature of the rule that was the subject of the trial before the Constitutional Court, and from a change in the framework of constitutional principles: the link derived from the necessary presence of candidates of both sexes on the electoral lists does not appear to be a limitation of the right to vote and of the citizens' eligibility rights, since it is limited to linking the choices of the parties and of the groups that present these lists. In short, it is a problem of measurement and balance between the right to equal access to elective office for men and women, the right to freedom of choice of the voter and the unitary nature of political representation (García, 2008: 362). 3.5.Incid Incidenc enc ence e of the eelect lect lectoral oral ssystem ystem ystem:: law of D Dece ece ecembe mbe mberr 21 21,, 200 2005, 5, n. 270 All the countries of the European Community have in particular adopted various measures to promote the application of the principle of equal opportunity in the field of political representation: these rules have generated different effects also depending on the type of electo...