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(Library of Legislative Studies) Cristina Leston-Bandeira - Southern European Parliaments in Democracy-Routledge (2015)
(Library of Legislative Studies) Cristina Leston-Bandeira - Southern European Parliaments in Democracy-Routledge (2015)
Democracy
Second Chambers
Edited by Nicholas D.J. Baldwin and Donald Shell
Parliaments in Asia
Edited by Philip Norton and Nizam Ahmed
Edited by
Cristina Leston-Bandeira
First published 2005 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
ISBN 0-415-35888-4
Contents
Index 186
Page Intentionally Left Blank
Southern European Parliaments
in Democracy
CRISTINA LESTON-BANDEIRA
the role played by those parliaments in the process of democratic transition and
consolidation. Although this was a vital contribution in making Southern
European (SE) parliaments known to the scholarly community, it has inevita-
bly become outdated. Fifteen years have passed since the chapters for that
volume were written and since then the SE democracies have developed
and gone through numerous changes. There is not only a need for an updated
account of these parliaments – many scholars doing comparative work often
look for a more updated version, only to realise that they only have that
volume to quote from – but also for a volume that centres on the practice
of democracy in these parliaments.
Today, a different perspective has to be adopted in order to understand
these parliaments. The role of a newly democratic parliament is necessarily
different once democracy starts to mature. However, parliaments in SE are
often considered in the same way as other Western European democratic par-
liaments; as if, once passed the transitional period, they would acquire the
same characteristics as democratically well-established legislatures. As a
consequence, many features are usually taken for granted whilst others
more relevant are disregarded. Introduced as a central element of the new
regimes, parliament has personified in all five SE countries the principle of
democratic legitimacy. As democracy consolidated and started to mature,
the need for efficacy became more pressing; the main issue ceased to be
how legitimate was the new regime, but rather how effective it was in deliver-
ing outputs. In this context, parliaments had to adapt not only in terms of their
role in the political system but also in their internal organisation. This volume
will help to clarify whether this duality of change – role in political system
and internal organisation – indicates the specificity of the development of
new institutions such as those of Southern Europe.
Some of these issues have been addressed by authors based in each of
these five countries. However, in most of these cases the research on parlia-
ment has been sparse and dispersed, resulting overwhelmingly in publications
in the indigenous language – not easily accessible to the international legisla-
tive studies scholarly community. What is more, the depth and range of that
research has varied enormously across the five countries. Whereas Spain
and notably Italy have seen a huge development of the political science
community resulting in a number of studies specific to parliament,7 this has
been less visible in the cases of Turkey, Portugal and especially Greece. In
the last two cases, the study of parliament has been looked at mainly from
the perspective of constitutional law.
One of the aims of this volume is to make some of this research known to
the international legislative studies scholarly community by bringing together
scholars originating from each of these countries. The authors contributing to
this volume are all leading members of their native research communities and
INTRODUCTION 3
specialise in the study of parliament; indeed, in some cases they are the main
reference in the study of the native parliament. The volume also aims to
provide an update on the development of the main functions of these parlia-
ments since the mid-1980s. The main aim and focus of analysis is to show
how these parliaments have adapted to the pressure of a democratic polity –
in particular, whether they have undergone any significant changes: has the
practice of democracy led to a revision or adaptation of the parliamentary
models established when democracy was introduced?
Although all five SE countries share many similarities, two stand out: Italy and
Turkey. Italy is the SE country with the longest democratic experience (since
1948) and also the one that has undergone the most dramatic changes in the
period considered here. The Tangentopoli scandals of the 1990s led to a
major revision of the electoral system with dramatic consequences for the
party system – even if the consequences for parliament are not always that
clear, as Capano and Giuliani, as well as Luca Verzichelli, will show. Italy
also stands out for its unique style of political instability (nurtured by a
very strong parliament and supported by administrative continuity). Further-
more, the Italian Camera dei Diputati and Senato are also the most well
studied parliament of the five SE ones. Turkey, on the other hand, has had
the most convoluted democratic process out of the five countries. With a
very unstable party system, it has undergone two military interventions, one
of which was relatively recent: 1960 and 1980. This has had a variety of con-
sequences in the institutionalisation of the Turkish Grand National Assembly,
as shown in İlter Turan’s chapter. Turkey is also the only SE country that is not
a member of the European Union (EU).
The remaining three countries, Greece, Portugal and Spain, have very
similar political systems and democratic history. Democracy was introduced
in the mid-1970s and entry to the then European Economic Community
(EEC) took place in 1981 for Greece and 1986 for the Iberian countries. In
all of these three countries parliament is elected through the proportional rep-
resentation d’Hondt system; they are typical party government democracies,
where parliament is dominated by party. Spain stands out for its quasi-
federalist system. It comprises a State of Autonomous Communities, where
an asymmetrical regional system ascribes considerable powers to a number
of regions. As we shall see in Capo Giol’s chapter, this regionalism has had
huge consequences for the Spanish Cortes during the period considered
here. In all three of these countries, the party system has been relatively
stable and power has generally rotated between two main parties. Besides
this, the Hellenic Parliament and the Portuguese Assembleia da República
4 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
share many other similarities in the development of their internal rules, as will
be shown by the chapters of Penelope Foundethakis and Leston-Bandeira and
Freire.
Constitutional Change
New democratic institutions are often introduced as a reaction to past experi-
ences, but also following existing models in other countries. However, until
put into practice, these are just mere abstract models, of unknown outcome.
Together with procedural design, political behaviour is what shapes insti-
tutions. So, as the new democratic models were put into practice in the SE
countries, were there any reactions to their outcomes? Or have these models
been accepted as they were? Each chapter will review any demands for con-
stitutional change that have been made; as well as effective constitutional
changes that have been introduced. It will review the areas on which consti-
tutional change has focused – the electoral system, the relationship with citi-
zens and executive accountability being only a few. In particular it will
consider whether these changes have followed any specific trend in terms
of parliament’s powers – to weaken or reinforce it. Has parliament’s place
in the political system remained predominant as democracy was put into
practice?
Internal Organisation
One of the crucial dimensions to understand the actual practice of a new par-
liament is its internal organisation. Parliament’s internal organisation may in
fact be much more a determinant in the political outcomes and citizens’ views
on parliament than the actual constitutional design. The chapters will review
how the SE parliaments are organised internally, assessing in particular the
importance of legal procedures and the power given to parties in parliament’s
INTRODUCTION 5
structure. Both legal procedures and parties can be seen as two key variables in
ensuring a solid foundation for a newly democratic parliament9 – they provide
a framework for contained parliamentary activity, avoiding the dangers of pol-
itical pulverisation typical in new regimes. The chapters will review whether
there has been any change primarily at the level of the Rules of Procedure and
in parliament’s internal structure.
The chapters will look in particular at the distribution of competences and
powers between committees and Chamber. Has there been a move towards
transformative type parliaments, in detriment to arena features?10 A focus
on the Chamber would be expected in the first years of democracy, as it embo-
dies the principles of legitimacy, representation and transparency in decision-
making. However, as democracy is put into practice and efficacy in decision
becomes more important, are committees’ powers and role reinforced?
Finally, resources are said to be one of the key factors determining parlia-
mentary activity.11 However, in the context of new political regimes being set
up, with serious economic and social problems to address, how easy has it
been to reinforce parliaments’ resources in Southern Europe?
more so as democracy has become more mature? Has there been any
reinforcement of the links with citizens? How do deputies perceive their
mandate as constituency and national representative? Has there been any
move between a delegate and trustee style of representation? Have the
relationships between deputy and party changed in the last 15 years?
On the other hand, these chapters will also show if the practice of democ-
racy has brought in a higher professionalisation of the job of deputy (MP).
Have turnover rates decreased, have deputies’ socio-demographic profiles
changed significantly? Have the deputies changed as much, or as little, as
the parliamentary institution itself?
Throughout these themes there will be one cross-cutting continuing
dimension: that of partyness – a concept already used by Ulrike Liebert in
the Liebert and Cotta book.12 The distribution of parties in parliament, govern-
ment’s party support and the stability of the party system are all crucial factors
influencing each one of the above dimensions; what is more, this is of particu-
lar importance in the context of establishing democracies such as those of
Southern Europe, where circumstantial changes may have a deeper impact
on the political system’s foundations than it would in well-established
democracies.
These were the themes defined as the framework of analysis for all the
chapters included in this volume. However, as with any other SE enterprise,
the outcomes are often somewhat different; each chapter has pursued our
general aim, the effects of the practice of democracy in the SE parliaments;
but, in its own style, through specific perspectives – in short, in true Southern
European style.
NOTES
1. See, for instance, G. Pridham (ed.), Securing Democracy: Political Parties and Demo-
cratic Consolidation in Southern Europe (London: Routledge, 1990) and R. Gunther,
P.N. Diamandouros and H.-J. Puhle (eds.), The Politics of Democratic Consolidation –
Southern Europe in Comparative Perspective (Baltimore, MD and London: The Johns
Hopkins University Press, 1995).
2. Although institutions were considered, the focus was not on the institution in itself, but on the
process of transition to and consolidation of democracy; that is, on the institutions’ role and
contribution to that process of democratisation. Despite following this focus of analysis, there
are noteworthy exceptions in U. Liebert and M. Cotta (eds.), Parliament and Democratic Con-
solidation in Southern Europe (London: Pinter, 1990).
3. First Latin America and then Central and Eastern Europe. In the case of the latter, the insti-
tutionalist literature did develop contrary to what had happened with Southern Europe.
4. G. Pridham and P. Lewis, ‘Introduction – Stabilising Fragile Democracies and Party System
Development’, in G. Pridham and P. Lewis (eds.), Stabilising Fragile Democracies –
Comparing New Party Systems in Southern and Eastern Europe (London: Routledge,
1996), p.2.
5. Contrary to what happened in Central and Eastern Europe, where the study of parliament has
resulted in prolific publications and projects. Just to name a few: A. Ágh (ed.), The Emergence
INTRODUCTION 7
of East Central European Parliaments – The First Steps (Budapest: Hungarian Centre of
Democracy Studies Foundation, 1994); L.D. Longley and D. Zajc (eds.), The New Democratic
Parliaments: The First Years – Working Papers on Comparative Legislative Studies III
(Appleton, WI: Research Committee of Legislative Specialists of the IPSA, 1998); and
D. Olson, ‘Party Formation and Party System Consolidation in the New Democracies of
Central Europe’, Political Studies, 46/3 (1998), pp.432– 64.
6. Liebert and Cotta (eds.), Parliament and Democratic Consolidation in Southern Europe.
7. The following examples illustrate this activity: A. Martı́nez (ed.), El Congresso de los Dipu-
tados en España: Funciones y Rendimiento (Madrid: Editorial Tecnos, 2000) and G. Capano
and M. Giuliani (eds.), Parlamento e Processo Legislativo in Italia (Bologna: Il Mulino,
2001).
8. Liebert and Cotta (eds.), Parliament and Democratic Consolidation in Southern Europe.
9. As shown by Pasquino in his analysis of executive –legislative relations in Southern
Europe, G. Pasquino, ‘Executive –Legislative Relations in Southern Europe’, in Gunther
et al. (eds.), The Politics of Democratic Consolidation, pp.261–83 and by the experiences
of the new parliaments in Central and Eastern Europe in D. Olson and P. Norton (eds.),
Journal of Legislative Studies (special issue on The New Parliaments of Central and
Eastern Europe), 2/1 (1996).
10. Following Polsby’s typology in N. Polsby, ‘Legislatures’, in F.I. Greenstein and
N.W. Polsby (eds.), Handbook of Political Science, V (Reading, MA: Addison-Wesley,
1975), pp.257–319.
11. P. Norton, ‘Introduction: The Institution of Parliaments’, in P. Norton (ed.), Parliaments and
Governments in Western Europe (London and Portland, OR: Frank Cass, 1998), pp.12–13.
12. U. Liebert, ‘Parliaments in the Consolidation of Democracy – A Comparative Assessment of
Southern European Experiences’, in Liebert and Cotta (eds.), Parliament and Democratic
Consolidation in Southern Europe, pp.249–72.
The Italian Parliament:
In Search of a New Role?
G I L I B E R T O C A P A N O and M A R C O G I U L I A N I
Italy has been a democracy for more than 50 years. Even taking into account
the most restrictive of indicators, its consolidation as such can be seen to date
back to the early 1950s at least.1 This means that, compared with the other
Southern European democracies included in this volume, we are going to be
faced with a different type of political and theoretical problem in our analysis.
Cotta recognised this when he argued that placing ‘the Italian case in a
Southern European perspective . . . raises some methodological problems’.2
While, on the one hand, it is true that the major challenge faced by all these
political institutions is no longer their consolidation, but rather their effective-
ness, on the other hand we should acknowledge the existence of differences
due to the different time period in question.
This means that potential differences emerging from a comparison over
20 years – an increased degree of monitoring on the part of parliament, for
example – cannot, in Italy’s case, be attributed to the different degree of
institutionalisation of its political system, which had already had sufficient
time to attain stability but needs to be explained in more specific terms.
From a substantive point of view, the more the founding moments of a
democracy and the institutional choices made at that moment date back in
time, the less relevance they appear to have for the present, and the more
they are subject to subsequent amendments.
The importance of this observation may vary from one institution to another,
and even its overall influence depends on several different historical contingen-
cies. Nonetheless, many of the successful attempts to reform the Italian political
system made over the past ten years would undoubtedly have produced different
results if they had been attempted earlier. The proportionality of the electoral
system, the balance between parliament and government, the rules of law-
making, the unitary character of the state, the integrity of the constitution and
even the exile of the former royal family, the Savoias, have for a time been
irrefutable features of the Italian political scene precisely because they were
an integral part of the founding moments of the Republic. Although we do not
believe that a comparatively longer history represents a sufficient explanation
for the desire for change, it does however remain true that present political
THE ITALIAN PARLIAMENT 9
elites perceive past choices as less constraining than they would have been a few
decades ago, thus encouraging a new attitude towards the evaluation of dom-
estic institutions. Efficacy rather than tradition, efficiency instead of dispersion
of power, decisional costs rather than external risks: these appear to be the most
highly valued yardsticks in this particular period.
Clearly the organisation of the parliament has not escaped this revisionist
stance. On the contrary: since the 1980s it has found itself either directly or
indirectly at the centre of most efforts at reform. Its assemblearism and frag-
mentation, together with the interna corporis, have been amongst the major
factors perceived as underlying the immobility of the first 40 years of the
Italian Republic. It would not be difficult to draw up a list of the many
changes designed to modify, or that indirectly affected, the nature of this
strategically important democratic institution. If we do so without observing
any particular order, our list would include the following: the majoritarian
transformation of the electoral law; the several amendments made to
parliamentary rules governing the relationship between government and the
assemblies; reform of the structure of the executive and the modification of
its normative instruments designed to enhance its autonomy; decentralisation
and federalist attempts to reduce the supremacy of the central legislative
institution; reform of the budgetary process, and so on.3
The question remains whether, and to what extent, all these changes
have really modified the real role, the working and the internal dynamics
of parliament itself. As the famous adage from Il Gattopardo 4 had it, it is
all too simple to see how institutions adapt themselves to the changing
environment and to specific pressures in order to preserve their basic features.
The answer to our fundamental question is therefore not quite so straight-
forward, and needs some preliminary specifications and an explicit empirical
investigation.
In order to provide a systematic analysis of this subject, albeit of an invari-
ably synthetic character, we have chosen to use the seminal distinction
between parliamentary functions made by Bagehot at the end of the nineteenth
century.5 In particular, following a section concerning the internal rules and
organisation of the Houses, we are going to deal with four different functions
which allude to the ones advanced by the eminent British thinker: the ‘elec-
toral function’, which hints at parliament’s role in selecting the governmental
coalition, entrusting it with powers and ultimately dismissing it; the oversight
function, representing the other side of the same coin, when Bagehot writes
that ‘they [the House] guide him [the Premier]’ and that ‘the whole life of
. . . politics is the action and reaction between the Ministry and the parlia-
ment’;6 the expressive function, or at least the common perception of its
being representative of public opinion; and finally the legislative function,
which Bagehot would undoubtedly have acknowledged as being more
10 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
relevant now than it was at his time, a ‘season . . . [when] the nation [was not
so] misfitted with its laws’7 as has so often been the case in recent times.
Finally, we are going to offer an interpretation of the extent and direction of
those changes experienced by the Italian Parliament over the last two decades.
Parliament should have changed more compared with the past, when it was less
well served – except in terms of salary – than other national assemblies.9
Whilst maintaining the high levels of pay – both for MPs and staff –
the Italian Parliament has significantly increased the quantity and quality of
the services and facilities provided to legislators, thanks largely to an increase
in funding and to the use of new technology. This improvement shows some
shades in the distribution of the personnel among the internal units and
the cultural background of clerks and top-level officials. The allocation of
employees among the various organisational structures shows a certain
degree of redundancy in those activities not directly involved with core
functions,10 while some strategic units – such as policy and research services
– remain undersized.11 Furthermore, a law degree remains the main edu-
cational qualification required of applicants for graduate posts if we exclude
those specifically pertaining to the field of information technology. Very
few posts require qualifications in economic or financial subjects. Support
services for policy-making are usually provided by clerks and officers with
a legal background.12 This raises questions about the nature of the documen-
tation and policy dossiers drawn up by such staff and provided to MPs.
Internal rules and organisation are important elements in the life of parlia-
ments: they weigh much upon the institutionalisation of parliaments, and they
provide an essential view, albeit incomplete, of the way things ought to be
done by parliament.13 As a matter of fact, parliamentary rules of procedures
have been a basic instrument, used by assemblies to design their own
working and to influence the external political process by foreseeing or affect-
ing the general trends characterising the political system as a whole.
In order to understand the evolution of standing orders over the last
20 years, we first need to sum up briefly how they have developed since the
12 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
fall of fascism, when the new constitution came into force and the republican
parliament began to restore the standing orders of the pre-fascist regimes. The
old parliamentary procedures were an expression of the atomistic, individua-
listic behaviour characterising Italian parliamentary politics during the liberal
age, when the relationship between governmental majority and opposition was
structurally fluid.14 The fact was that the standing orders, combined with the
constitutional power of permanent committees to legislate directly, constituted
a structural factor encouraging the distinction between the governmental
majority and the legislative one. This genetic imprinting has strongly mod-
elled the internal dynamics whereby only the cohesion of the ruling coalition
could ensure the effectiveness and the efficiency of the law-making process; at
the same time, the content of the initial standing orders represented a perma-
nent threat to the solidarity of the ruling coalitions.
So the internal parliamentary rules of the time favoured the political crisis
of the ruling coalitions and the progressive weakness of governmental
majorities since the mid-1950s, thus contributing significantly to the emer-
gence of the praxis and theory of the so-called ‘centrality of parliament’,
which was formally ratified by the general reform of standing orders in
1971. That reform formalised the following elements: the predominant role
of the leaders of parliamentary groups – without any reference to the size
of parliamentary groups – in determining the parliamentary agenda (under
the unanimous agreement rule); the unequivocal protection of the parliamen-
tary groups’ rights and role, to the detriment of the government’s; more infor-
mative, supervisory powers (granted to the committees in particular); greater
power to check the performance of the public administration and the
implementation of public policies.15 The 1971 reform was the natural con-
clusion of a long-term dynamic, and at the same time the institutional pre-
requisite for the subsequent change in the political framework. In fact, in
1976 a broad coalition government was formed, including the Communist
Party, which also provided the speaker in the Chamber of Deputies right
up until 1992. In other words, the 1971 reform reinforced the embedded
model of the internal parliamentary way to work, strengthened the role of
all the inside players (individual MPs, committees, parliamentary groups
and leaders), deeply institutionalised a crowded network of internal veto
points, and thus ‘froze’ internal parliamentary culture and self-perception,
establishing the idea of the superiority and centrality of the assemblies in
the political system. Assemblearism, which had been the deep-rooted evil
of the Italian political system since unification, attained its highest formal
expression.
However, having only just reached a peak of institutionalisation, the
internal workings of parliament began to show their shortcomings. The
need to manage parliamentary activities through a wide-ranging consensus,
THE ITALIAN PARLIAMENT 13
in an arena characterised by many joint-decision traps, made the parlia-
mentary processes, and especially the legislative ones, totally exhausting,
inefficient and ineffective. It is no coincidence, therefore, to learn that after
the 1971 reform, beginning with the Sixth legislature (1972 – 76), the
number of decree-laws began to increase dramatically,16 proof of both
the further weakening of government’s position in parliament and the level
of the consensual-assemblearistic style reached in the internal workings of
assemblies (and in particular of the Chamber of Deputies). On the other
hand, the pluralist nature of the standing orders, kinder as they were to
individual MPs and parliamentary groups rather than the governmental
majority and a collective opposition, gave considerable opportunities to
block legislative activities by the stonewalling of a few deputies. This
often happened during the Seventh legislature, especially as a result of the
filibustering of the four Radical Party MPs.
Starting with the Eighth legislature, the striking dysfunction in parliamen-
tary working that had emerged during the previous decade (together with the
end of the grand coalition formula) forced the question of reforming standing
orders onto the political agenda, where it remained for a considerable time up
until the end of the 1990s at least. In fact, during the 1980s the internal rules
underwent a number of changes (sometimes contradictory, always partial and
contingent).17 The most important changes were the following:
. Restrictions on speech times (introduced for the first time in the Chamber
and reinforced in the Senate, where they already existed).
. Power to select amendments given to the speakers.
. Power to decide on the planning of the agenda – should there be no unani-
mity among parliamentary leaders – given to the speakers.
. Introduction of planning of the discussion time spent in the Chamber of the
Deputies (with the exception of decree-laws).
. Introduction of a special session to deal with the budgetary law (ensuring its
approval at the end of each year also by reinforcing the government’s role in
the process).
. Drastic limitations to the use of the secret ballot.18
These reforms, formulated in a more incisive way in the Senate than in the
Chamber, constituted an incremental process of rationalisation of the original
model. However, it was not a radical modification: it merely eliminated the
more assemblearistic rules and introduced some rather weak instruments
designed to bring in efficiency to internal activity.
The well-known political upheaval marking the beginning of the 1990s
(the 1991 referendum, Tangentopoli, the 1993 referendum and the subsequent
change into an overwhelmingly majoritarian electoral law) had a direct impact
14 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
on the internal life of parliament. From the 1994 elections onwards, it was
clear to many players that the wished-for majoritarian transformation of the
political system required a radical change in parliamentary functioning
(especially in the Chamber of Deputies). This led to a new reform of the stand-
ing orders of the Chamber of Deputies in 1997. The fundamental changes
made by the new reform focused on the power of government within parlia-
ment, on the right of opposition, and on an improvement in the quality of
legislation.
The reform tried to reinforce the role of government in the legislative
process by abolishing the unanimity requirement for leaders of parliamentary
groups during the planning of the political agenda, lowering the quorum to
three-quarters of all representatives;19 in those cases where the prescribed
quorum could not be reached, the power to plan activities was delegated to
the speakers; at the same time, the reform gave government the chance to
notify parliament formally of its priorities. Further restrictions on speech
times, on the timing of the legislative process and on the selection of
amendments, were also introduced (regarding the Chamber of Deputies,
albeit without attaining the effectiveness of the Senate’s standing orders on
this point).
As far as the right of opposition is concerned, it should be pointed out that
for the very first time, the reform of the Chamber’s standing orders in 1997
(followed by that of the Senate in 1999), include a formal reference to the
‘opposition groups’ and to the ‘majority groups’. This is especially with
regard to the fact that opposition groups have the right to more time than
those within the majority during the discussion of governmental bills; and
at least one-fifth of discussion time should be dedicated to those bills sub-
mitted by the opposition groups.
In order to improve the quality of legislation, in the Chamber of Deputies20
a Legislation Committee composed of eight MPs has been set up, with the job
of providing advice on the quality, homogeneity and clearness of bills and
governmental regulation proposals.21
With regard to the internal structure of the permanent committees system
– the hard core of parliamentary working – some changes are of interest. First
of all, the number of permanent commissions in the Senate changed during the
1990s from 12 to 13 (with the addition of the Environmental Committee). In
the Chamber of Deputies, the Committee on Internal Affairs has been aboli-
shed, while a Committee on European Union Policies has been set up. The
committees’ network also includes a number of bicameral committees with
various functions regarding a great many different matters.22 Moreover, the
committees’ advisory role on government regulations has been strongly
reinforced. This is particularly true on budget and public finance, where the
advice on bills involving public expenditure is compulsory.
THE ITALIAN PARLIAMENT 15
Many scholars have pointed out that the 1997– 98 reform of standing
orders (especially those of the Chamber) has meant that the Italian Parliament
now works in a majoritarian way, or at the very least has clearly abandoned its
consociational legacy.23 The truth is clearly more complex than this, however.
In fact, the new rules that have been introduced since the beginning of the
1980s have undoubtedly attempted to rationalise the activities of parliament
and make them more effective, especially with regard to the legislative
process: however, real agenda power still lies in the hands of the parliamentary
leaders and speakers (conceived as referees between parliament and govern-
ment, although they are obviously biased towards those assemblies which
elected them). The basic role of the specialised permanent committees has
not been undermined (on the contrary, their powers have been widened, and
now include advising on governmental regulations or legislative-decrees).
No restrictions to the presentation of private member’s bills have been intro-
duced (a permissive condition designed to flood the agenda, as will be shown
below); government has not been furnished with adequate powers to lead the
discussion; the amendment system, even if rationalised, is still unbalanced in
favour of MPs with respect to government. Moreover, during the last 20 years
of procedural reforms, a strategically important element of internal life has
remained substantially unaffected: the rules concerning the composition of
parliamentary groups.24 The absence of any link between the electoral
results and the composition of parliamentary groups represents a fundamental
legacy of the previous assemblearistic period, and a very strong hindrance to
change with regard to the internal praxis. In other words, 20 years of reform of
internal procedures had proven incapable of substantially affecting the histori-
cally rooted consensual style that characterises parliamentary life.
chosen type of coalition and the efficiency of this selection process. The first
aspect hints at the internal logic of partisan interaction, whereas the second
touches on one of the most censured aspects of parliamentary life.
Parliament is certainly not directly responsible for choosing the party
composition of the executive. This is the specific duty of the future prime
minister, whose task it is to analyse the different forms of potential coalition
and evaluate them in terms of their internal consistency, policy reliability,
likely duration and so on. Nonetheless, it is parliament, or rather the major
parliamentary groups, which ‘advise’ him/her on the plausibility of the
assumptions made, of the logic adhered to and of the balance achieved.
Furthermore, the latter are even responsible for keeping to or breaking the
original ‘contract’. We all know that virtually all Italian governmental
crises have been of extra-parliamentary origin; however, it is still possible
to evaluate whether anything has changed over the last ten or 15 years.
First of all, we may observe that since the mid-1970s it has been almost
impossible to pursue consistent minority agreements. Subsequent to the
period of ‘national solidarity’, the only minority executive was the Sixth gov-
ernment led by Fanfani in 1987, which merely led the country towards an early
general election. Given the lack of any specific statutory rules protecting the
executive, such as implicit investiture or constructive no-confidence votes,
minority (single-party) governments became unlikely as the numerical and
symbolic status of the pivotal party declined. If we exclude the ‘technical’
government led by Dini on the one hand, and the role of the re-founded Com-
munist Party in the Prodi government on the other, it has become increasingly
less appealing to support governments without being part of them – a practice
which, on the contrary, was quite common during the early legislatures. For at
least a decade after 1980, party groups tended to reach oversized agreements,
something that is in keeping with the consociational character often attributed
to the Italian political system. In order to find a legislature characterised by
minimum-winning coalitions right throughout its duration one has to wait
until the unstable centre-left governments of the 1996 –2001 period, which
had no chance of extending their parliamentary support further. Strangely
enough, what is now commonly perceived as the real start of a new majori-
tarian era in Italian politics – the second Berlusconi government – sees the
reappearance of the oversized formula.
While the idea of appealing directly to the electorate is now a common
feature of political discourse,27 one that reduces the electoral function of
parliament itself, at least the process of selecting and appointing the executive
should appear more efficient than before. There are a number of different indi-
cators which help us to evaluate this point: the number of governments in each
legislature, their respective duration, the bargaining attempts made, the length
of time required to set up government, and the ‘survival rate’ of that same
THE ITALIAN PARLIAMENT 17
government.28 The implicit assumption we make here is that the efficiency of
the parliamentary electoral function is higher the more it contributes to a
rapid selection of a lasting government. Unfortunately, this has not even
been the case over recent decades. Each legislature has witnessed more than
one executive and more than one type of partisan coalition. The actual
value differs as a result of the length of the legislature itself rather than
some sort of improvement made. In spite of two notable exceptions – the
Craxi and Prodi governments – the average lifespan of governments still
fluctuates around the well-known discouraging value of 11 to 12 months each.
A specific point ought to be made here regarding the formation of the first
executive after a general election. Generally speaking, the parliamentary
system in a multi-party context like the Italian one has been much criticised
because of the secret bargaining taking place after the election, involving
the secretaries of the major (and even minor) parties. It has been argued
that, in a proportional system, characterised by strong reasons for diversifying
the political message, the will of the nation’s citizens is systematically
betrayed by post-electoral deals. Since 1996, Italian electors have known
the likely composition of the coalition and its leaders well in advance. In
spite of the role of the President of the Republic – who in theory has to
chose the new prime minister and approve the list of ministers – their
names are made public well in advance, and even written on the ballot
sheets. Thus, in the ‘new era’ of Italian politics, it should not have been
difficult to set up governments immediately after voting had taken place
without betraying electoral promises. There are technical reasons that make
it impossible to enter ‘Palazzo Chigi’ the day immediately after the elections:
nonetheless, the three post-election executives during the new ‘majoritarian
era’ needed 44, 26 and 39 days respectively to get going. A little more than
a month was the average length of time required even in the so-called
‘First Republic’, an indication that the underlying political logic of the
parliamentary ‘electoral function’ has not changed very much despite the
different context. Evidently, the choice of parties and leaders has always
been less problematic than the distribution of portfolios, a matter that is still
a challenge even in an apparently solid coalition like the present one.
For this same reason, the actual reduction in the number of bargaining
attempts made prior to the definitive appointment of a prime minister and a
coalition – with the recent exception of the first mandate granted to
D’Alema in 1998 – is not totally reassuring.
Finally, as we said, a well-selected executive tends to give a long-lasting
government. At the moment, it is too early to say much about the survival
chances of the present government, although it has all the potential for estab-
lishing a new record for duration. Nevertheless, we can assess how past ‘first
executives’ after general elections performed by calculating the ratio of their
18 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
actual duration to the respective maximum potential. A rate of 100 per cent
would mean that the government lasted the whole five-year legislature, while
50 per cent would mean that it was changed half-way, and so on. During the
first eight legislatures, this index normally scored between ten per cent and
30 per cent. Craxi, in the Ninth legislature, attained the still unequalled
record of 61 per cent, but then the indicator dropped to 13 per cent with
Goria (Tenth legislature), 17 per cent (Amato, Eleventh) and 13 per cent
(Berlusconi, Twelfth), before improving again with Prodi in the last legislature
(49 per cent). The duration of an executive is not entirely a parliamentary
affair, especially in the case of Italy. However, this index would suggest that
the modification of consolidated political formulas and attitudes is far from
being an easy task. The experience of the first 40 years of the Italian Republic
shows that a multi-party environment is not a sufficient condition for short sur-
vival expectations. At the same time, the disincentives of a quasi-majoritarian
and almost bipolar system are still not enough to guarantee long-lasting
executives, or the fruitful and efficient fulfilment of the parliamentary electoral
function.29
OVERSIGHT
Scant political and scholarly attention has traditionally been paid to the over-
sight activities performed by the Italian Parliament. The first reason for this
can be found in the precarious equilibrium characterising executive coalitions.
This feature of the Italian political system has shifted attention towards what is
sometimes considered to be the definitive form of ex-post control, that is, the
possibility of dismissing the government in charge. The parties in government
themselves, and especially their leaders – who seldom took on governmental
responsibilities – constituted the most serious challenge to the survival of the
executive. Risks materialised in the form of external partisan events, such as
national conferences in which an altered equilibrium amongst party factions
may indirectly affect the prestige and influence of a prime minister, or in con-
cealed legislative attacks on confidence motions proposed by the executive
itself in order to protect important pieces of legislation.30
Secondly, research suggests that traditional oversight instruments, such as
question time and interpellations, are appealing to politicians provided they
are given media coverage, especially on television. In Italy, journalists and
the mass media in general, while often reporting on political issues, rarely
deal with these aspects of the functioning of a parliamentary democracy,
thus contributing for their part to the scant public importance of the instru-
ments of parliamentary control.
Nonetheless, something has changed over the past decade or so, as can be
seen from a closer look at the overall use made of oversight instruments
THE ITALIAN PARLIAMENT 19
(which we can roughly separate into guidance and control devices).31 Until
the mid-1980s, MPs adopted 30 –40,000 oversight acts each legislature,
with guidance instruments accounting for no more than ten per cent of the
total amount, but things began to change from the Tenth legislature
(1987 – 92) onwards. At this point, the ‘quantity’ of oversight activities
(motions, questions, resolutions and so on) clearly exceeded the level of
50,000 for the first time, and this number continued to grow during sub-
sequent legislatures. Even the composition changed slightly, initially with
further growth of control to the detriment of guidance, followed by a clear
increase in the latter. The trend becomes even more visible if we relate
these amounts to the varying duration of the different legislatures, as can
be seen in Figure 1.
Oversight seems to rise sharply at the beginning of the 1990s, in the leg-
islature that saw the beginning of the Italian political turmoil, reaching around
50 acts a day. Although the first signs of an increase can still be traced back to
1987 –92, the level of use of oversight instruments almost doubled over the
next decade. To be honest, what grew most was the use of questions requiring
a written answer, one of the weakest instruments of control, whereas most
control and guidance methods followed the same pattern. Furthermore, the
FIGURE 1
DAILY LEVELS OF OVERSIGHT ACTIVITY (GUIDANCE AND CONTROL)
last few years have seen the introduction of two new oversight instruments –
Prime Minister’s Question Time and the chance to make urgent interpellations
– which were probably the only mechanisms Italy still lacked.32
Thus, one possible hypothesis is that, in what is now commonly called the
Italian ‘First Republic’, the relationship between majority and opposition
parties consisted in a silent pact of mutual non-interference. In spite of an
apparently strong degree of antagonism, law-making was on the whole
marked by consensualism33 and parliamentary oversight, regardless of the
potential of available instruments, was under-used both by the opposition
and by majority backbenchers. As we said at the beginning of this section,
executive action was restricted in the main by party directives or by the clien-
telistic trap of the secret ballot during the law-making process. In the transition
period, with the radical upsetting of the party system and the request for
greater autonomy for the executive, this sort of extra-parliamentary oversight
became less effective and more problematic. At the same time, the need for
control and supervision increased with the adoption of a majoritarian logic
in what used to be a consensual political environment. This change has
proven to be far from straightforward, and its outcome is still not clear.
What almost certainly happened was that there was a change in the relation-
ship between executive and Assembly, including a more active use of both
control and guidance oversight instruments.
With the figures presented in Table 2, we have decided to take a closer
look at the key instruments within the two major categories of oversight: inter-
pellations for the control function, and the adoption of motions and resolutions
of the Assembly for the purposes of guidance.34 The figures shown refer to
1976 – 2002, and thus cover at least 15 years of Christian Democrat ‘domina-
tion’, an uncertain phase of political turmoil, and the first years of what now
seems to be the new post-transition framework.
Table 2 shows the monthly and total use of the chosen oversight instru-
ments, as well as the same figures broken down according to the different
(majority or opposition) coalitions. Apart from the still rather unsettled
Fourteenth legislature, we can see how the levels of use of the major oversight
instruments, both on the control and guidance side, are noticeably higher
during the ‘Second’ than they were in the ‘First Republic’. While the
number of interpellations made during the 1970s and early 1980s stood at
around 20 – 30 a month, this figure rose to 50 – 60 in the 1990s. The same
thing happened in the case of motions and Assembly resolutions, which
rose from less than ten acts per month to almost 20. These figures have
grown in the case of both majority and opposition MPs, which may suggest
that the new electoral system induces a greater degree of individual
involvement of the elected, testified even on the law-making side by the
increase in bill submission. However, a second aspect ought to be underlined
THE ITALIAN PARLIAMENT 21
TABLE 2
MEASURES OF SELECTED OVERSIGHT ACTIVITY
7th (1976–79) 803 (22.3) Maj. 31.5% (7.0) 156 (4.3) Maj. 29.5% (1.3)
Opp. 67.5% (15.1) Opp. 68.6% (3.0)
8th (1979–83) 3,169 (64.1) Maj. 25.6% (16.4) 452 (9.1) Maj. 26.5% (2.4)
Opp. 70.1% (44.9) Opp. 73.0% (6.7)
9th (1983–87) 1,706 (35.3) Maj. 26.7% (9.4) 456 (9.4) Maj. 35.3% (3.3)
Opp. 73.3% (25.9) Opp. 64.7% (6.1)
10th (1987–92) 2,557 (43.7) Maj. 22.7% (9.9) 991 (16.9) Maj. 26.4% (4.5)
Opp. 72.3% (31.6) Opp. 71.3% (12.1)
11th (1992–94) 1,654 (68.8) Maj. 19.2% (13.2) 459 (19.1) Maj. 22.0% (4.2)
Opp. 79.5% (54.7) Opp. 77.8% (14.9)
12th (1994–96) 1,274 (50.7) Maj. 40.8% (20.7) 473 (18.8) Maj. 35.1% (6.6)
Opp. 52.5% (26.6) Opp. 59.0% (11.1)
13th (1996–01) 4,168 (67.7) Maj. 28.6% (19.4) 1,369 (22.2) Maj. 38.3% (8.5)
Opp. 50.5% (34.2) Opp. 50.5% (11.2)
14th (2001–) 305 (39.8) Maj. 45.6% (18.1) 121 (15.8) Maj. 45.5% (7.2)
Opp. 38.0% (15.1) Opp. 44.6% (7.0)
Note: Absolute figures, monthly values in brackets and percentages distinct for origins. The sum
is always less than 100 per cent due to the activity of MPs belonging to the Mixed group
(not included). The present legislature is updated at 13 Feb. 2002.
Source: Own elaboration on data from the web of the Camera dei deputati: www.parlamento.it.
here. Whereas in the past the greater part of oversight was exercised by the
opposition with seldom less than 70 per cent of proceedings, more recently
even MPs belonging to the majority have been involved to a similar degree.
Since interpellations, motions and resolutions of the Assembly cannot
simply be dismissed as being addressed to marginal or specific questions,
but normally relate to important general issues, the new equilibrium in
oversight activity probably points to some form of systemic change. The
bi-polar nature of the Italian political system since 1996, together with
the greater autonomy now granted to the executive (for example, its wider
use of delegated powers, or its being the only player in the EU arena), have
further reduced the role of, and the degree of freedom exercised by, individual
MPs and parliamentary groups. Since they lack most of the ‘exit’ strategies
available up to the 1980s, such as the secret ballot, any ‘vocal’ instrument
acquires new status. Through ex-ante (motions and resolutions) and ex-post
oversight (interpellations), opposition groups and majority backbenchers
are trying to restore their role in the parliamentary political process,
thus somehow limiting or fixing the independence of the executive.
The more the latter pushes for self-determination and decisiveness,
the more the former need to exploit all the political and statutory resources
they possess.
22 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
This term refers to the fact that parliament is more than a legislative machine
or an instrument for maintaining the accountability of government. Parlia-
ment, more than any other institution, symbolises the democratic spirit and
represents the range of opinions and attitudes of a country’s citizens. The
system works in both directions. On the one hand, the representational mech-
anism should ensure that the pluralistic character of a society has, in the form
of parliament, a high-level political forum for discussion and debate. On the
other hand, it is parliament as an institution and its members as a collective
body that need to gain the faith and trust of citizens as the supreme guarantor
of democracy. This is achieved by means of the pedagogical character of par-
liament itself, whereby citizens ‘hear what otherwise [they] should not’.35
Unfortunately, it is not possible to operationalise the expressive function
with the same degree of precision as other ones, particularly since it is imposs-
ible to measure it directly by evaluating parliamentary activity itself from the
expressive point of view. We have thus chosen to adopt an indirect research
approach, involving an evaluation of the image which parliament itself
conveys to society, and measuring public attitude and feelings towards this
institution. Instead of trying to grasp how MPs themselves relate to this func-
tion, we will partially reconstruct it through its reflection in public opinion. It
is the nature of the expressive function itself, and it consisting mainly in a
relationship, which permits us to adopt this indirect approach.
Public opinion of the workings of political institutions and people’s trust in
them would appear to be a good representation of the concept we are trying to
analyse here. Moreover, the Italian case looks particularly appropriate with
regard to this for two different, yet inter-related, reasons. On the one hand,
it has been argued that long-term public dissatisfaction with the functioning
of democracy has characterised the Italian republican experience.36 Figures
from the regular Euro-barometer surveys show that in Italy there has always
been discontent with the institutions: this discontent has been both specific
(that is, it has nothing to do with the overall dissatisfaction with life of the
country’s citizens) and consistently double the European average. With the
disappearance of external constraints and internal rigidities, and especially
after the so-called Tangentopoli episodes of political bribery, this frustration
became one of the root causes of political change at the beginning of the
1990s. On the other hand, political elites have been well aware of the import-
ance of the problem, continuously hinting at the mismatch between insti-
tutions and electors as one of the major dilemma to be solved. The reform
introduced over the past decade may represent a turning point, and the new
institutional framework, and in particular the new parliament, may be evalu-
ated with regard to this issue as well.
THE ITALIAN PARLIAMENT 23
The year in which the numerous political scandals that shook Italy reached
their peak – 1993 – constituted a low-point in public ‘satisfaction with the
way democracy works’. Subsequent surveys show a slight increase in that
satisfaction, thus apparently confirming expectations regarding the introduc-
tion of the new majoritarian electoral system. However, satisfaction with
democracy still lingered well below the EU average and, more important
from our point of view, the specific appraisal of parliament is far from
encouraging. Figure 2 shows the data from three surveys conducted by the
European Commission over the last five years, giving the respective percen-
tage of people who declare that they tend to trust their national parliaments
in three geographical areas: Italy, the European Union and Southern Europe
(excluding Italy).
What is most striking is that the Italian Parliament figures are well down
on the other EU member state parliaments, and in particular from the average
value for the southern countries (Spain, Greece and Portugal). This low level
of public trust cannot simply be attributed to overall dissatisfaction with pol-
itical life, since Italians generally manifest a completely different attitude
towards supra-national institutions such as those of the EU.37 This level of
FIGURE 2
TRUST IN THE NATIONAL PARLIAMENT
Note: Percentage of people answering that they ‘tend to trust’ the parliament.
Since the mid-1980s, the Italian Parliament’s legislative role has radically
changed, so that at the beginning of the new millennium the traditionally per-
ceived centrality of its legislative function is clearly blurring, leaving parlia-
ment in the midst of an identity crisis. Figures and a number of events would
tend to substantiate this. To start with, the figures for the amount of bills
submitted prove to be of considerable interest.
Figure 3 underlines the incredible rise in the number of bills presented in
parliament. This increase is due exclusively to private members’ bills, since
the government persevered in its attempts to maintain the amount of bills it
presented at the same level.38 As we all know, in the Italian Parliament
there are no restrictions on bill presentation; however, this absence of limits
– which accounts for the comparatively higher degree of action in respect to
other countries – does not justify the dramatic proliferation which has
occurred since the Eleventh legislature (notwithstanding the already enormous
amount of bills presented during previous legislatures). The absence of
restrictions simply represents a favourable institutional condition, but not an
independent variable.
In fact, the historically rooted high numbers of bills presented has to be
traced back to the aggregate behaviour of individual MPs, who were perfectly
aware that they had very little chance of obtaining a legislative outcome – and
in fact the rate of success of bills has progressively dropped. The fact is that
the presentation of bills was used by individuals to demonstrate their active
involvement to their constituency and political party. Thus the high number
of bills is the result of games being played outside parliament, and not of
any attempt to produce laws. At the beginning of the 1990s, exogenous
factors – the electoral reforms made in 1991 and 1993 – affected the institu-
tionalised praxis, speeding it up. In fact, empirical data would seem to suggest
that those MPs elected in majoritarian constituencies have a greater propensity
towards presenting bills than those elected by the proportional rule.39
This clearly visible individual fervour on the one hand is an indicator of the
THE ITALIAN PARLIAMENT 25
FIGURE 3
BILLS IN PARLIAMENT (1948 – 2002)
TABLE 3
RATE OF SUCCESS OF BILLS IN PARLIAMENT (1987 – 2002)
10th (1987– 92) 7,734 Government 1,359 1,548 (20.1%) Government 762 (56.1%)
Private 6,375 Private 786 (12.3 %)
11th (1992– 94) 4,605 Government 804 469 (10.2%) Government 241 (30.0%)
Private 3,801 Private 228 (6.0%)
12th (1994– 96) 5,538 Government 973 313 (5.7%) Government 265 (27.2 %)
Private 4,565 Private 48 (1.1%)
13th (1996– 01) 11,586 Government 1,459 912 (7.9%) Government 708 (48.6%)
Private 10,127 Private 204 (2.1%)
14th (2001–) 2,571 Government 125 58 (2.2%) Government 45 (36%)
Private 2,446 Private 13 (0.5%)
Notes: Bills assigned to the permanent committees for the first step of the legislative process.
The present legislature is updated at 14 Feb. 2002. The percentages refer to the proportion
of bills approved out of the assigned ones.
Source: Own elaboration on parliamentary data www.parlamento.it.
In fact, if we look at Table 3 we can see that the overall rate of success of
bills in parliament dropped dramatically by more than half between the Tenth
and the Thirteenth legislatures, falling from 20.1 per cent to 7.9 per cent.
However, what really emerges is the different performance of government
and parliament. Whereas the former more or less maintained the number of
bills presented and their degree of success, the latter saw a distinctive fall
in both absolute and percentage terms. Moreover, during the 1990s the distri-
bution of approved bills also changed radically. Whereas during the Tenth
legislature, MPs’ bills represented a little more than half of the total amount
of those approved, in the Thirteenth legislature this percentage fell to 22.4.
This trend is also confirmed by the data concerning the origin of laws.
Table 4 points out that the percentage of laws deriving from private members’
bills decreased significantly between the Tenth and Thirteenth legislatures.
The above-mentioned data may thus initially give the impression that over
the last decade parliament’s legislative role has steadily declined while that of
government has grown. However, as often happens, first impressions can be
somewhat misleading. The same Table 4 helps to illustrate this point. It
shows not only the origin of the laws but also the composition of governmental
laws. These laws are sub-divided into four main types: converted decree-laws,
budgetary laws, laws ratifying international agreements and annual EU
laws, and others. In the case of the first three types, government is either
constitutionally or substantially given the right of initiative. Thus it has no
competitors in these specific areas. What emerges from Table 4 is that the
government, however, failed to capitalise on the weakening of parliament’s
THE ITALIAN PARLIAMENT 27
TABLE 4
ORIGIN AND TYPE OF LAWS (1987 – 2002)
role in the law-making process, and finally to reign over parliament. The real
competition between government and parliament is summed up by the figures
for non-governmental laws and by those governmental ones grouped together
under the ‘other’ heading (the real laws dealing with the ordinary legislative
process). The situation is clear: between the Tenth and Thirteenth legislatures,
the ability of government to get those of its bills not included in the reserved
categories passed as law not only did not increase, but on the contrary was
weakened.
This reduction in ordinary legislation resulting from the competition
between government and parliament is confirmed if we add up the laws of
non-governmental origin, of mixed origin, and of non-reserved governmental
origin: they accounted for more than 60 per cent of the total amount in the
Tenth legislature and following the two brief legislatures during the radical
transition phase, represented about 45 per cent of the total in the Thirteenth
(and this trend is also confirmed by the figures for the first months of the Four-
teenth legislature). This constitutes yet another symptom of the progressive
weakening of the centrality of the Italian Parliament’s legislative function,
as well as of the government’s ability to legislate by means of the ordinary
procedures in the assemblies.
The decline in parliament’s law-making role is further testified by the
progressive delegation of legislative powers to the executive during the
1990s.41 This trend reached a peak during the Thirteenth legislature, when
28 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
CONCLUSION
Did parliament respond positively to those demands? The data and facts
presented in this article point to a rather contradictory, ambiguous situation.
The impression one gets is that parliament experienced serious difficulty in
adapting to external pressures, and the strategy it has adopted has been
merely a defensive one. The clearest evidence of this is the continuous
reform of standing orders, which has proved incapable of creating the con-
ditions needed for the executive to be capable of governing in parliament.
In fact, the procedural innovations introduced since the 1980s have been
designed to improve the efficiency and effectiveness of the legislative
process – perceived as the most important function of parliament – without
actually providing government with reliable agenda and procedural powers.
Strong parliamentary resistance to the majoritarian trend has forced the gov-
ernment into looking for other ways of governing: for example, by legislating
outside of the ordinary process. This shift from a horizontal relationship
between parliament and government to a vertical one has led assemblies to
strengthen the oversight function, as shown by the sudden, noticeable rise in
the use of guidance and control devices, and by the provision of more parlia-
mentary advice regarding governmental acts and regulations. Thus, the control
and legislative functions have been counterbalanced to some degree, although
this has happened in a rather indirect, under-formalised way.
However, this re-balancing has occurred at the same time as a reduction in
the electoral function, both because of the popular legitimisation of the
prime minister requested by political parties, and by the persistence of
extra-parliamentary practices in the formation of executives. Furthermore,
expressive performance has continued to be rated very low, proof of the
substantial distance that persists between parliament and public opinion.
The considerable institutional ‘viscosity’ of parliament has prevented it
from actively adapting to environmental pressures, and has limited it to
simply reacting to them in order to preserve traditional values and practices
together with the consensual decisional style, which are in fact the constitutive
elements of its institutional identity. But the absence of a conscious, proactive
strategy has weakened its resistance. The final result is a strange mix of old
and new practices and dynamics, which have yet to come together in any
coherent order.
The Italian Parliament has lost the traditional role it previously played in
the political system, even though it still remains a powerful institution,
capable of conditioning – albeit in a mainly negative way – the legislative
process and the survival of executives – as shown by the political events
of the Thirteenth legislature and the first few months of the Fourteenth
legislature. Thus, in order to keep up with current developments, the Italian
Parliament needs to redirect its role and accept what appears to be the trend
in most advanced parliamentary democracies: in other words, the sharing of
THE ITALIAN PARLIAMENT 31
the legislative function by many institutions located at different systemic
levels, a function that can no longer remain a prerogative of parliament
(or of the governmental/parliamentary sub-system).
However, the Italian Parliament seems to be valiantly resisting this
trend, as a result both of its institutional history and of several contradictions
emerging within existing political forces; forces which sometimes appear to be
only superficially oriented in a majoritarian direction.49 So even if parliament
is undoubtedly a player searching for a script, there are no guarantees it will
find a new one.
NOTES
1. See L. Morlino, Democracy Between Consolidation and Crisis. Parties, Groups, and Citizens
in Southern Europe (Oxford: Oxford University Press, 1998). We do in fact exclude those
‘severe tests’ which require a single or double alternation in government, as this would
lead us to label ‘Italian democracy “unconsolidated” [at least until 1996, which] would be
unenlightening and extravagant’ (G. Di Palma, ‘Parliaments, Consolidation, Institutionalisa-
tion: A Minimalist View’, in U. Liebert and M. Cotta (eds.), Parliament and Democratic
Consolidation in Southern Europe (London: Pinter Publishers, 1990), pp.36–7).
2. M. Cotta, ‘The “Centrality” of Parliament in a Protracted Democratic Consolidation: The
Italian Case’, in Liebert and Cotta (eds.), Parliament and Democratic Consolidation in
Southern Europe, p.55.
3. We could add the increasing competencies of the European Union and the effects of the
subsidiarity principle, both of which reduce the autonomy of national parliaments, but they
would not be particular to Italy.
4. G.T. di Lampedusa, Il Gattopardo (Milan: Feltrinelli, 1958).
5. W. Bagehot, The English Constitution (London: Watts, 1964 [1867]). For a different, but par-
tially overlapping distinction, see P. Norton, ‘The House of Commons’, in B. Jones et al.
(eds.), Politics in the UK (Harlow: Pearson Education, 2000).
6. Bagehot, The English Constitution, p.151.
7. Bagehot, The English Constitution, p.153
8. Source: Senato della Repubblica, ‘Il Dibattito interno sul bilancio’, I quaderni delle informa-
zioni parlamentari (Roma: Camera dei deputati, July 2001; www.camera.it).
9. See M. Rush, ‘The Pay, Allowances, Services and Facilities of Legislators in Eighteen
Countries and the European Parliament: A Comparative Survey’, Report No. 38: Review of
Parliamentary Pay and Allowances, vol.II (London: HMSO, 1996), pp.47– 52.
10. For instance, this is the case of more than 60 per cent of the staff in the Chamber, where there
are about 300 workers and 400 ushers.
11. The staff within these units represent less than seven per cent of total staff. The clerks and top
officials involved account for about ten per cent.
12. The majority of graduate jobs – with the exception of technical posts such as those of
librarians or statisticians – are those of ‘consigliere giuridico’ (legal advisor). The written
and oral tests in the open competition for access to those positions cover the following
areas: parliamentary, constitutional, administrative, trade, civil, international and labour
law; Italian history and political economics. For the few positions of ‘consigliere economico’
(economic advisor) the tests obviously cover economic subjects as well as parliamentary and
constitutional law and Italian history.
13. See P. Norton, ‘The Legislative Powers of Parliament’, in C. Flinterman, A.W. Hering and
L. Waddington (eds.), The Evolving Role of Parliaments in Europe (Aperldoorn: Maklu,
1994), pp.15–32; P. Norton, ‘Introduction: The Institution of Parliaments’, in P. Norton
(ed.), Parliaments and Governments in Western Europe (London: Frank Cass, 1998),
32 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
pp.1–15; G.W. Copeland and S.C. Patterson, ‘Parliaments in the Twenty-first Century’, in
G.W. Copeland and S.C. Patterson (eds.), Parliaments in the Modern World (Ann Arbor,
MI: The University of Michigan Press, 1994), pp.1–11.
14. V. Lippolis, ‘Maggioranza, opposizione e governo nei regolamenti e nelle prassi parlamentari
dell’età repubblicana’, in L. Violante (ed.), Il Parlamento (Torino: Einaudi, 2001), pp.613–
58; M.L. Mazzoni Honorati, ‘Il procedimento legislativo’, in S. Labriola (ed.), Il Parlamento
repubblicano (Milano: Giuffrè, 1999), pp.246–76. The main features of those standing orders
were: the absence of any planning of the legislative process; the lack of special treatment for
government in the law-making process; the absence of instruments with which to control
obstructionist behaviour; favouring the secret ballot.
15. G. Floridia and S. Sicardi, ‘Le relazioni tra governo-maggioranza- opposizione nella prassi e
nell’evoluzione regolamentare e legislativa’, Quaderni Costituzionali, 11/2 (1991), pp.225–89.
16. The following data clarify this point: Fifth legislature (1968–72): 69 decree-laws were
submitted to parliament; Sixth (1972–76): 124; Seventh (1976–79): 167; Eighth
(1979–83): 275; Ninth (1983–87): 307; Tenth (197–92): 466; Eleventh (1992–94) 490;
Twelfth (1994–96): 735; Thirteenth (1996–2001): 487. Source: Camera dei Deputati,
www.camera.it.
17. The standing orders were radically changed a total of seven times (in 1981, 1983, 1986, 1987,
1988 and 1990) in the Chamber and three times (1982, 1985 and 1988) in the Senate.
18. Till 1988, the secret ballot was compulsory for the final voting of each bill in the Chamber of
Deputies, whereas it was discretionary in the Senate. These rules favoured the phenomenon of
the so-called ‘franchi tiratori’, MPs voting against party lines mostly in order to protect sec-
toral or individual privileges and interests. After the reform of 1988, which drastically reduced
its use, the secret ballot is applied only for cases concerning individuals; it is optional on
matters regarding constitutional freedom’s right of citizens and minorities, parliamentary
standing orders, electoral laws and laws on constitutional bodies (parliament, government,
constitutional court and the President of the Republic).
19. This change concerns the Chamber, while the Senate maintains the unanimity principle.
20. In the Senate, a new internal administrative structure was established in 2001, precisely
designed to support the assembly in improving the quality of legislation, while some of the
functions handled by the Committee for Legislation in the Chamber are in the hands of the
Constitutional Affairs Committee.
21. This advice is compulsory in the case of decree and delegating laws.
22. At the beginning of the Fourteenth legislature there are 14 bicameral committees. Two are
constitutionally provided (on the regional issues and on the authorisations to proceed
against MPs investigated by the judiciary). Six have a control, oversight and vigilance role
(for instance the Television Committee). Four play a consultancy role (as is the case, for
example, of the Committee on Administrative Reform). Two are in charge of investigation
(regarding the mafia and waste recycling).
23. See, for instance, Stefano Ceccanti, ‘Regolamenti parlamentari: un altro tassello di una
riforma strisciante’, in Quaderni Costituzionali, 18/1 (1998), pp.157–72; L. Lanzalaco, ‘Il
nuovo regolamento della Camera: una risorsa dopo la Bicamerale’, Il Mulino, 379 (1998),
pp.882– 93; A. Palanza, ‘La perdita dei confini: le nuove procedure interistituzionali nel Par-
lamento italiano’, in Violante (ed.), Il Parlamento, pp.1211–60.
24. See L. Verzichelli in this volume.
25. T. Saalfeld, ‘Members of Parliament and Governments in Western Europe: Agency Relations
and Problems of Oversight’, European Journal of Political Research, 37 (2000), pp.353–76.
26. See M. Cotta, ‘Il sotto-sistema governo-parlamento’, Rivista Italiana di Scienza Politica, 17/2
(1987), pp.241– 83.
27. From 1996 onwards, the bipolar electoral competition has in fact eroded away much of par-
liament’s discretionary power to select its government, thus partially turning general legisla-
tive elections into the investiture of a coalition and prime minister. The rhetoric of popular
sovereignty considered a major element of stability in the much-admired German political
system, even views a constructive vote of no-confidence, as a sort of betrayal of the citizens’
will, labelling it in a disparaging way as a ‘ribaltone’ (U-turn).
THE ITALIAN PARLIAMENT 33
28. That is, the ratio between the actual duration of a government and its potential maximum
duration, in percentage terms. This kind of index has several shortcomings when
calculated for the second, third, etc. government of each legislature, but is of significance
and comparative value when applied to the first one (as we have done). For these indicators,
see W. Müller and K. Strøm (eds.), Coalition Governments in Western Europe (Oxford:
Oxford University Press, 2000), and, especially, the chapter written by L. Verzichelli and
M. Cotta, ‘Italy: From “Constrained” Coalitions to Alterning Governments?’ pp.433–97.
29. A further example is represented by the troublesome replacement of two junior ministers
(Justice and Culture) and two central senior ministers (Home and Foreign Affairs) in the
first year of the present Berlusconi government: something that goes well beyond the usual
reshuffles of Westminster democracies because of the harsh political disputes in the parlia-
ment and within the majority itself.
30. MPs were in the main not discouraged by the risk of an early election, since the standard result
of a lost confidence motion always used to be the formation of another government (probably
of the same sort), some type of reshuffling of ministerial positions, and the deadlock of the
undesired policy.
31. We here distinguish guidance instruments – such as motions, orders of the day and resolutions
– from control instruments – as interpellations and oral or written questions. The first ones try to
bind ex ante the executive to some sort of goal or programme which may be extremely specific
or quite general, whereas the second ones normally require an ex post explanation of events,
governmental behaviours and attitudes, or (lack of) policy implementation.
32. As perceived by M. Wiberg in ‘Parliamentary Questioning: Control by Communication?’ in
H. Döring (ed.), Parliaments and Majority Rule in Western Europe (New York: St. Martin’s
Press, 1995), pp.179–222. Italy is the only European country retaining the complete array of
parliamentary questioning instruments.
33. M. Cotta and P. Isernia, Il Gigante dai Piedi d’Argilla (Bologna: Il Mulino, 1996); G. Capano
and M. Giuliani, ‘Governing Without Surviving? An Italian Paradox: Law-making in Italy
1987–2001’, Journal of Legislative Studies, 7/4 (2001), pp.13–36.
34. Through the use of motions MPs propose parliamentary debates and try to bind the govern-
ment policy on certain topics, whereas resolutions are normally taken at the end of these
debates or after communications from the executive.
35. Bagehot, The English Constitution, p.153.
36. L. Morlino and M. Tarchi, ‘The Dissatisfied Society’, European Journal of Political
Research, 30 (1996), pp.41– 63.
37. G. Martinotti and S. Stefanizzi, ‘Europeans and the Nation State’, in O. Niedermayer
and R. Sinnott (eds.), Public Opinion and Internationalized Governance (Oxford: Oxford
University Press, 1995), pp.163–89.
38. The level of government bills fell from 17.6 per cent in the Tenth legislature to 12 per cent in
the Thirteenth. Source: G. Capano and M. Giuliani (eds.), Parlamento e processo legislativo
in Italia (Bologna: Il Mulino, 2001).
39. See F. Zucchini, ‘Arena elettorale, arena parlamentare e arena legislativa’, in Capano and
Giuliani (eds.), Parlamento e processo legislativo in Italia, pp.57–84.
40. See M.Giuliani and G. Capano, ‘I labirinti del legislativo’, in Capano and Giuliani (eds.),
Parlamento e processo legislativo in Italia, pp.13–50
41. For an in-depth study of the historical evolution and juridical implications of the
delegation laws see N. Lupo, ‘Le leggi delega e il parere parlamentare sugli schemi di
decreti legislativi nell’esperienza repubblicana’, in Labriola (ed.), Il Parlamento repubbli-
cano, pp.361– 423.
42. When parliament delegates to government the power to adopt legislative decrees (primary-
level regulation) in defined policy areas, in agreement with the principles established by
parliamentary act.
43. Capano and Giuliani, ‘Governing Without Surviving? An Italian Paradox: Law-Making in
Italy 1987–2001’, p.23.
44. When parliament authorises government to substitute parliamentary laws with governmental
decrees (secondary level regulation).
34 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
45. Capano and Giuliani, ‘Governing Without Surviving? An Italian Paradox: Law-Making in
Italy 1987–2001’, pp.23–7.
46. It has to be pointed out that the first months of the Fourteenth legislature seem to confirm the
‘governing outside the ordinary procedures’ strategy, since the new centre-right government
has presented numerous delegating bills in order to intervene in strategic policy sectors. This
has been the case, for instance, with educational reform, labour market reform, the procedures
to speed up the construction of important infrastructures, the reform of company law, and the
abolition of inheritance tax.
47. The figures here are in Capano and Giuliani, ‘Governing Without Surviving? An Italian
Paradox: Law-Making in Italy 1987–200’, p.20. This trend is persisting in the Fourteenth
legislature as well.
48. For a clear presentation of this point see N. Lupo, ‘Alcune riflessioni sul Parlamento alla luce
del nuovo titolo V della Costituzione’, Amministrazione in cammino, electronic journal,
www.amministrazioneincammino.luiss.it/.
49. For example, very often over the last years Berlusconi has spoken about returning to
proportional representation electoral law.
Much Ado about Something? Parliamentary
Politics in Italy Amid the Rhetoric of Majority
Rule and an Uncertain Party System
LUCA VERZICHELLI
The replacement of the old parliamentary elite and the turbulence within
the party system have pointed more to an incremental process of
40 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
‘normal’ rate during the 1950– 90 period. The early election of 1996, called
only 25 months after Berlusconi’s first victory in March 1994, reduced the
absolute rate of newcomers, but it did not increase the percentage of MPs
with any real parliamentary seniority.9 In other words, the ‘fresh men’
seemed to have difficulty in penetrating the core of the political system or,
perhaps, many of them were not interested in utilising parliament to maximise
their political influence. This seems to point to a quite different approach from
that adopted in the past, when parliamentary success was considered a
‘normal’ goal for careerist politicians, especially among the governmental
parties.
In many respects, the 2001 elections could be considered the finale of this
process of transformation, but Figure 1 clearly shows how different the
configuration of the current parliamentary elite is from the one observed
prior to the big bang in Italian politics: the degree of difference can easily
be summarised as follows: ten per cent fewer senior members than in 1987,
ten per cent more newcomers than at that time.
Why has the process of consolidation within this elite group proved so
difficult? The answer to this question depends upon a number of variables.
These include certain factors related to the political conjuncture of the
1990s: the ‘violent’ crisis demolishing the entire leadership of the five
42 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
parties which had been in government for 40 years; the ‘invasion’ of the
political scene by other elite groups (in particular, judges, economic elites
and the media) and the nature, to some extent ‘improvised’, of the two
forces capable of gathering most of the electoral power previously held by
the old government parties. In fact, the Northern League, an innovative
example of a territorially based movement, had to face very relevant
changes in its parliamentary representations, both because of the oscillating
electoral outcomes10 and the several cases of individual defections from
MPs who did not accepted the strategic lines taken by the leader Umberto
Bossi. Moreover, the party of Forza Italia, founded by Silvio Berlusconi,
whose character as a private or firm party is still being strongly debated,
was initially recruiting a considerable number of managers, industrialists,
journalists and well known professionals, but most of them preferred to
leave politics after a short personal engagement.
Besides the explanations provided by the political conjuncture and the
complexity of the Italian crisis, we can conceive of at least two ‘systemic’
factors underlying the flexibility of the recent parliamentary elite. The first,
related to the reintroduction of a single-member constituency system,11 is
the opportunity for a more ‘open’ process of parliamentary selection, where
the traditional selectors (the parties) have to take into account a variable
like candidates’ visibility in society.
This idea, which was one of the corollaries of the pro-majoritarian rhetoric
in some way supported by new ad hoc regulations of electoral campaigns and
personal responsibility of candidates, leads to the promotion of several ‘begin-
ners’ from different areas of civil society, who may have a good chance of
entering the parliamentary arena, whilst maintaining a clear distance from
the idea of a real political career.
The second factor that makes the new parliamentary elite both more inno-
vative and weaker than in the past is the absence of any real alternative model
of parliamentary recruitment. No doubt the decline of party machines, not just
in terms of political mobilisation but with regard to their ability to establish a
large ‘pool’ of parliamentary aspirants, has made room for the emergence of
some ‘bottom-up’ processes of parliamentary selection. On the other hand,
control over the appointment of candidates for the single-member constituen-
cies remains in the hands of the national party elites, and no party, since the
introduction of the semi-majoritarian system, has experienced a more
transparent mode of candidate selection. The main result of all these factors
seems to be, at least for the time being, a process which is still dominated
by a few players (the leaderships of the main national parties). However,
the comparison with the past reveals a more ‘randomised’ exit: once the
coalition summit has allocated each single constituency to one of the parties,
and after the parties have expressed their ‘natural’ candidates, the possibility
PARLIAMENTARY POLITICS IN ITALY 43
to express a veto by local party notables, other parties of the coalition and/or
the most important interest groups operating in each constituency, can in
fact determine different outcomes.
This random character particularly emerges when electoral competition is
not bi-polar (as was the case in 1994), or when the excessive fragmentation
within one of the coalitions encourages the use of ‘transversal’12 candidates
(as in both the centre-right coalition in 1994 and the centre-left one in 1996).
What Form does Consolidation Take? Representing both Old and New
As has been stated before, the large-scale reorganisation of parliamentary poli-
tics probably came to an end after the 2001 elections, opening another ques-
tion about the real meaning of that change. The first tests carried out using
empirical data13 support the theory of the emergence of certain partial
changes: on the one hand, the new elite is capable of embodying the clear
continuity with the ruling class which used to be the key player up until the
mid-1980s. On the other hand, the same elite seems to be much ‘closer’ to
a considerably changed civil society, where the early 1990s’ criticism of a
‘blind-delegation’ to the party organisations remains, and the idea of talking
about electoral platforms is more frequent than in the past.
Let us first examine the signs of continuity. If non-political backgrounds,
age at election and gender have never really deviated from the traditional
trend, the political backgrounds of Italian MPs radically changed during the
crisis years. However, after the 2001 election the elite profile returned to
the same level of political expertise observed during the early 1980s. This
meant that all the novice politicians who emerged during the transitional
phase were quickly replaced by more experienced people, trained either
within political organisations or in local government administrations.
Figure 2 shows that the percentage of parliamentarians with a non-party
background (and therefore recruited on the basis of alternative requirements)
fell to less than 30 per cent, that is, the same level as in the 1980s, where a
significant number of non-party candidates had been recruited by the national
parties in order to ‘modernise’ their parliamentary forces. With regard to local
representative experiences (Figure 3), the return of this factor is even more
significant given that more than two-thirds of elected MPs show such previous
experience.
Another factor leads us to interpret the consolidation of the parliamentary
elite as an implication towards the direction of continuity: the political begin-
nings of a large majority of current MPs lies with the same political parties that
suddenly disappeared between 1992 and 1994. With the sole exception of the
Northern League’s personnel, whose recruitment still reflects its origins as an
anti-establishment organisation, having no connections with the previous
elite system, all the other parliamentary groups have some reason to define
44 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
FIGURE 2
MPs WITH NO PARTY EXPERIENCE 1987 – 2001 (%)
FIGURE 3
MPs WITH NO LOCAL GOVERNMENT EXPERIENCE 1987 – 2001 (%)
FIGURE 4
MPs WITH PUBLIC SECTOR OCCUPATIONAL BACKGROUND 1987 – 2001 (%)
within the same cartel are sometimes at odds: on the centre-left, for instance,
MPs from post-communist parties are still mainly full-time politicians, while
academics and higher civil servants predominate in the moderate parties. In
the centre-right, many from the AN’s MPs come from the legal profession,
while artisans and small-scale entrepreneurs dominate the Northern League;
Forza Italia’s MPs, on the other hand, come from a variety of different pro-
fessional and business backgrounds.
This section verifies the second proposition illustrated above, concerning the
nature of the partyness of parliamentary institutions. However, we first need
to understand the degree of fragmentation of the new legislative party system
together with the changes in the relationships between the external party organ-
isations and the parliamentary factions, before and after the 1990s crisis in Italy.
Our term of reference is the nature of legislative parties during the 40 years
prior to 1987, which could be defined as strong yet bound by the powerful
nature of external organisations.17 Studies of this period usually emphasise
the relative weakness of parliamentary party groups (PPGs), focusing on the
insufficient degree of discipline characterising the legislative behaviours of
MPs elected by governmental parties. The adjective ‘relative’ refers to the
differences among the patterns of legislative discipline characterising each
PARLIAMENTARY POLITICS IN ITALY 47
PPG: it is widely known that the absolute discipline within the Communist
group was very different from the Christian Democratic model, characterised
by a high degree of internal conflict – encouraged by the secret vote (the
predominant voting rule until 1988) – and thus by the action of Franc
tireurs. On the other hand, the continuity of each parliamentary group was
never in question, and a certain control over the legislative behaviour of
their affiliates could be assured by all party organisations. This leads us to
classify the rather complex case of the Christian Democratic PPG as an
example of party faction predominance, internally divided but still strongly
linked to the party organisation.18
This parliamentary framework can be seen as a very peculiar one with the
context of Southern European democratic experience, since it allowed for the
establishment of the practice of consociationism for a lengthy period between
1948 and 1985,19 whilst on the other hand guaranteeing an amazing degree of
continuity with parliamentary practice.
So, what kind of changes can be seen at this level of analysis after the mid-
1980s and, above all, after the introduction of the mixed-majoritarian electoral
system?
Tables 1 and 2, which summarise the political composition of the
Chambers, and Figure 5 provide a highly enlightening picture of the fragmen-
tation of the legislative party system in both Chambers of the Italian Parliament,
between 1948 and 2001 using, instead of the mere number of PPGs actually
formed at the beginning of each parliamentary period, the effective number
of parliamentary groups. That is, a weighted measure considering the distri-
bution of seats among the different groups.20 In particular, it shows the sharp
increase of fragmentation between 1992 and 2001. During the second half of
the 1980s, parliamentary fragmentation was already on the increase due to a
variety of different factors. First of all, the traditional concentration of seats
in the hands of the two major parties had been seriously challenged: by compar-
ing the data for the 1983 and 1987 elections with the situation in 1979, we can
see that the seats held by PCI and DC fell from more than 72 per cent in both
Chambers to an average of 65 per cent (Senate) and 62 per cent (Lower
Chamber) during the1980s. The increasing consensus of the Socialists and
the success of the Republican Party in 1983 were the reasons behind this
new pattern of distribution among the traditional parties.
The second factor underlying this increasing fragmentation was the mate-
rialisation of some small parliamentary players challenging the traditional
structure of the legislative party system. In 1983 some deputies elected
from the PCI list formed the independent left group in the Lower Chamber,
thus repeating what had already happened in the Senate since 1976. In
1987, the group of the Greens was formed in the Lower Chamber, due to
the rule of procedure stating that some MPs elected from the same list and
48 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
TABLE 1
PARLIAMENTARY PARTY GROUPS IN THE ITALIAN LOWER CHAMBER
(1987 – 2001)
Proletarian Democracy 8
Re-founded Communism 35 39 35 11
Communist Party 157
Democratic Left Party 107 172 137
Federation of Left 143
Independent Left 20
Greens 13 16
La Rete Democratic Net 12
Radicals 12 6
Socialist Party 94 92
Social Democrats 17 16
Republican Party 21 27
Italian Renewal 26
Popular Party 33 67 80
Christian Democracy 234 206
Christian Democratic Centre 27 30 40
Northern League 55 117 59 30
Liberal party 11 17
Forza Italia 113 123 178
National Alliance 92 99
Italian Social Movement 35 34 109
Mixed group 8 7 49 26 41
Re-founded Communism 20 19 11
Communist Party 85
Democratic Left Party 66 99 65
Federation of Left 76
Independent Left 17
Greens 13 14 10
Radicals 6
Socialist Party 45 51 10
Social Democrats 7 12
Republican Party 9
Italian Renewal 11
Popular Party 34 31 41
Christian Democracy 127 112
Regional Autonomies 10
Christian Democratic Centre 12 15 29
Unified Christian Democrats 10
Northern League 25 60 27 17
Liberal Party
Forza Italia 36 47 82
National Alliance 44 45
Italian Social Movement 16 16 48
Mixed group 12 24 19 15 25
FIGURE 5
EFFECTIVE NUMBER OF PARLIAMENTARY PARTIES IN ITALY (1948 – 2001)
competences, together with the candidates’ job experience, all seem to point to
it. One extreme consequence is that many Italian parliamentarians seem to
have adopted certain ‘anti-political’ sentiments used by most new political
players. The latter do not have any direct impact on parliamentary life or
representative roles, yet, in the long run, they can contribute towards creating
the necessary conditions for a different system of representation.
NOTES
C R I S T I N A L E S T O N - B A N D E I R A and
A N D R É F R E I R E
At the end of the 1980s, the literature described the Portuguese Parliament as a
highly unstable and ineffective institution. These were the conclusions of
research carried out during a time of many and sudden changes, the mid-
1980s. However, just over a decade later a quick glimpse at the Assembleia
da República shows a very different institution. After a decade of political
instability, the end of the 1980s brought in an era of stability and a time
when primary social and economical problems had been addressed. It was
in this context that change was brought into the Portuguese Parliament. This
article centres exactly on that issue: the development of the Portuguese Parlia-
ment with the practice of democracy. Whereas in the 1970s/mid-1980s
democracy was still being consolidated, from then on the Portuguese
regime entered a new phase: the actual practice of democracy. When democ-
racy was first introduced the values of representation and legitimate decision-
making were all too important to be overlooked. As effectiveness became the
key word for democracy to work, Portuguese parliamentary practice changed
accordingly.
As one of the least studied Southern European parliaments, this article
attempts to bring in different studies of the Assembleia in order to provide a
comprehensive profile of the institution. After providing the context of
change from the 1970s/1980s to the 1990s/2000s, the article looks into the
social and demographic characteristics of Portuguese MPs, as well as parlia-
mentary career patterns. It then moves on to the crucial factor in understanding
change in the Portuguese Parliament: revisions of its regulatory framework.
This provides the context to understand the transformation of the focus of par-
liamentary activity from legislation to scrutiny. Overall, the article will show
the steady journey of the Portuguese Parliament towards professionalisation.
The elections of 19 July 1987 marked the beginning of a new era in Portuguese
politics and, particularly, in the Assembleia da República. A Partido Social
Democrata (PSD)12 absolute majority was elected under the leadership of
THE PORTUGUESE PARLIAMENT 59
Prime Minister Cavaco Silva, becoming the first single party majority elected
to the Portuguese Parliament. As a consequence, a full four-year legislature
was completed for the first time.
In order to understand the changes that took place in the years after 1987,
we must step back to the 1985 parliament: the Fourth legislature. The PSD was
then in government, but in a minority. The Fourth legislature had very singular
characteristics, the main one being the unexpected appearance of a fifth party
in the political system: the Democratic Renewal Party (Partido Renovador
Democrático – PRD).13 The PRD appeared as a party above politics and
not clearly defined in ideological terms. Formed on the eve of the 1985 elec-
tions, the PRD managed remarkably to gather 18 per cent of the votes. As a
consequence, there was no major opposition party during the Fourth legisla-
ture and no clearly defined focus of power. This distribution of political
power made possible, on the one hand, a very strong parliament and, on the
other, a particularly consensual one.14 Simultaneously, this legislature
coincided with crucial events for the Portuguese political and socio-economic
systems: the election of the first civil president of the republic, and, most
importantly, the entrance of Portugal into the European Economic Community
(EEC) in 1986.
Throughout this legislature there were several cases of strong disagree-
ment between government and parliament; with parliament being perceived
as the cause of delays and obstructions. The legislature eventually came to
an end in 1987 with the passing of a motion of censure on the government.
The subsequent elections led to the PSD absolute majority and to years of pol-
itical stability. There was a clear feeling in 1987 that the Portuguese were tired
of instability and the Fourth legislature was seen as the last straw. The PRD
decreased to a mere five per cent in 1987 and disappeared altogether from par-
liament in 1991. For the first time, a four-year term of a legislature was com-
pleted and then repeated: the PSD absolute majority was re-elected in 1991.
These two legislatures (Fifth and Sixth) were followed by the 1995 elections,
won by the Partido Socialista (PS), which formed a minority government
(Seventh legislature). Although based on a minority, the Seventh legislature
completed its four-year term. The Eighth legislature, elected in 1999, led to
a peculiar situation: a parliament with a tie between the government’s
number of deputies (115) and the opposition’s (115). This fell half-way
through and led in March 2002 to the Ninth legislature, a post-election
coalition between the PSD and the CDS-PP (Centro Democrático e Social-
Partido Popular).
Hence, after 11 years of transition to and consolidation of democracy,
from 1974 to 1985, the Fourth legislature brought in a transitory period,
1985 –87, that led into subsequent years of stability. It could be argued that
since 1987 there has been a process of ‘maturation’ of democracy: integration
60 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
in the EEC brought in the means to develop the country’s social and economic
fabric and political stability provided a framework to institutionalise parlia-
mentary procedures and practices. Table 1 shows party representation in the
Portuguese Parliament from 1974 to 2003.
Parliamentary First Second Third Fourth Fifth Sixth Seventh Eighth Ninth
Groups (1976–80) (1980 –83) (1983–85) (1985–87) (1987–91) (1991– 95) (1995–99) (1999–2002) (2002– ?)
Notes: OTHER stands for the following Parliamentary Groups (PGs): the MDP, the UDP (both small left wing parties), the PEV (Green Party, but elected in
a joint list with the PCP), the PSN (one-off 1991 party representative of pensioners) and the BE (a coalition of several small left wing parties).
Some of these PGs were elected together in a joint list. The PPM is a small monarchic party. The ASDI was formed by PSD dissenting MPs and the
UEDS by PS dissenting MPs.
These are the 1976 election results. Due to constitutional prerogatives, there was an intermediate election in December 1979. However, these
results were only in force until the following May, when elections to the Second legislature took place. The results of the 1979 elections were
as follows: PSD (80), PS (74), PCP (44), CDS (43), PPM (5), MDP (3) and UDP (1). Due to the several changes of government during the First
legislature, we have opted for not indicating which parties were in government then.
Source: www.parlamento.pt/deputados/resultadoseleitorais/index.html.
62 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
In order to understand the changes over the last 25 years in the Portuguese Par-
liament, it is crucial to look at the patterns of selection of the Portuguese MPs,
as shown by Gallagher and Marsh: ‘A change in parties’ selection procedures
in any given country might . . . have direct consequences for the way politics
operate there.’18 The social and political profiles of Portuguese MPs have
changed considerably since the very first elections to the Constituent Assem-
bly back in 1975. However, as this section will show, there are fewer changes
in the actual procedures of selection and career patterns.
Following a new institutionalist perspective, the selection of MPs is seen
here as a function of several factors.19 This perspective sees parliamentary
recruitment as a function, firstly, of the political system profile (legal, electoral
and party systems, and the structure of opportunities) and of the party context
(party organisation, party rules and party ideology). Second, while this new
institutionalism accepts that institutions affect individuals’ strategies, it also
shows that the motivations, resources and behaviour of individuals must be
taken into account to fully understand the recruitment process. The motiv-
ations and resources of potential candidates are seen as supply factors and
the motivations and actions of the gatekeepers (party officials, party
members, party voters, pressure groups, and the mass media), as demand
factors.
This section looks into the legal and institutional constraints on candidate
selection since 1975, as well as career patterns. Special emphasis will be given
to the effects of the electoral system and party organisation over candidate
selection and the control of MPs’ political careers. Finally, the analysis of
the socio-demographic profile of MPs will enable us to identify trends in
the patterns of legislative recruitment in the Portuguese Parliament.20
As seen above, during the 1970s and the first half of the 1980s the
Portuguese democratic regime was characterised by cabinet instability.
However, since 1987, when the first absolute majority was elected to parlia-
ment, majoritarian rule has developed25 and the issue of cabinet instability
has clearly lost importance, namely in electoral system reform. Electoral
system revision has been a recurrent topic of discussion almost since the
beginning of democracy, but pressure for electoral reform has become particu-
larly strong since the beginning of the 1990s. Since then the main argument for
reform has been the strengthening of the ties between MPs and citizens.26
Different types of proposals have been made, but there seems to be some con-
sensus towards a mixed member proportional system.27 Agreement was nearly
reached in the Seventh legislature, but eventually the consensus between the
PSD and the PS fell through over a specific issue:28 the PSD wanted to
reduce the number of MPs while the PS did not.29 Nowadays, the PS seems
to accept that reduction – as seen in the PS Manifesto for the 2002 parliamen-
tary elections – so apparently there is room to proceed with electoral reform in
the Ninth legislature.
The idea that single-member districts are the best way to increase the
incentives for a closer relationship between voters and MPs is widely sup-
ported.30 However, the electoral system is not the only cause of a weak link
between Portuguese MPs and citizens; other factors, internal to parliament,
also contribute.
First, there is a high volatility of MPs: ‘the MPs citizens elect are not
necessarily the ones that will represent them. . . . If any of [the] elected MPs
are unable to assume their mandate, then they will be substituted by other
candidates from their party list; . . . thus, the MP actually assuming the
mandate may have not been originally elected.’31 This type of replacement
has been characteristically high in the Portuguese Parliament, in large part
due to the incompatibility between the MP and cabinet member positions,
as well as to electoral campaigning.32 However, this was more of a problem
in the first decade (see Table 2). Since then, procedures have been revised
and limits introduced in the periods of substitution allowed; still, this is an
area that could do with more restrictions to avoid this volatility of MPs.33
Second, as seen above, PGs dominate parliamentary activity, to the
detriment of MPs individually considered. Third,
at the local level there is virtually no contact structure between MPs and
citizens. . . . However, the reform of 1993 did stipulate that every fortnight
there should be a place for contact between MPs and citizens in the consti-
tuencies. The contact should take place in the office of the Governo Civil,
a sort of a-partisan representative of the administration in each district.
There is little evidence of the actual application of that prescription.34
THE PORTUGUESE PARLIAMENT 65
TABLE 2
SUBSTITUTIONS OF MPs
(average per legislative year in each legislature)
Third– Eighth–
first first
First Second session Fourth Fifth Sixth Seventh session
(1976– (1980– (1983– (1985– (1987– (1991– (1995– (1999–
80) 83) 84) 87) 91) 95) 99) 2000)
Notes: There are no data available for the second year of the Third legislature. The Eighth
legislature’s data refer also only to the first year, when the main bulk of the substitutions
are made. The average for the whole of the legislature would, no doubt, reduce this
number.
Source: A. Araújo, M. Costa-Lobo, A. Freire, C. Leston-Bandeira and P. Magalhães, O Parla-
mento Português: uma reforma necessária (Lisbon: Instituto de Ciências Sociais/Instituto
Amaro da Costa/Assembleia da República, 2002), p.118.
Again, this is an area that needs enhancing, although positive changes have been
introduced recently in parliament’s interface with citizens (see below). Fourth,
patterns of candidate selection within the parties do not favour strong links
between candidates/MPs and their constituencies, because their careers are
heavily dependent on the national party top officials. Furthermore, there is
little decentralisation in candidate selection, especially in the left-wing
parties (PS and PCP), but also in the right-wing Christian democratic party
(CDS-PP) since the Seventh legislature.35 Regional and local party executive
organs have a role in the process of candidate selection but the major
role belongs to the national executive party organs, even in the more
decentralised PSD.36 There is some discussion about changing this, making
candidate selection more decentralised and giving greater incentives for local
connections of MPs.
Fifth, ordinary party members do not participate in the process of recruit-
ment for parliamentary elections. Portuguese political parties’ statutes do not
require, or even consider, rank and file party members to participate in
the process of candidate selection for parliament, as happens in most of
the OECD industrialised democracies, at least within the major parties
in these countries.37 Allowing for ordinary party members to participate in
the process of candidate selection, as well as decentralising the process,
could result in MPs’ careers being less dependent on party top officials.
That way MPs would respond more to the constituents’ needs, rather than
the party leader.
66 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
FIGURE 1
GENDER IN THE PORTUGUESE PARLIAMENT, 1975 – 2002 (%)
Notes: ‘Const.’ Refers to the Constituent Assembly (1975 – 76). The First Legislature is divided in two (First-
A and First-B), due to the 1976 constitutional provision requiring that the first legislature should only
end after four years (that is, 1980). Political instability led to early elections in 1979, even if the First
legislature continued until 1980. These are called the intercalated elections (First-B). The same applies
to the subsequent Figures.
Source: A. Freire, Recrutamento Parlamentar: Os Deputados Portugueses da Constituinte à VIII Legislatura
(Lisbon: STAPE/MAI, 2001), pp.233 – 4.
THE PORTUGUESE PARLIAMENT 67
Finally, we should note that even in the Eighth legislature representation
of women in the Portuguese Parliament is very low in a comparative perspec-
tive, namely below the latest Spanish Parliament and all the other West
European democracies, except the United Kingdom, France and Italy.42
Portuguese MPs are clearly getting older (Figure 2), even if their age
patterns are in line with other West European democracies.43 This is clearly
related to the process of maturation of the political system: there were
many young MPs (below 36 years) in the foundational period, but since the
1980s this is less and less so. On the one hand, this process indicates a differ-
entiation of the political system from other social spheres, since it is related to
greater professional specialisation of the MPs. But, on the other, it indicates a
growing closure of the political system.
The educational qualifications of Portuguese MPs have increased over the
years (Figure 3). Whereas in the 1970s the proportion of MPs with a university
undergraduate degree (plus those with a post-graduate degree) represented
60 per cent of the total number of MPs, in the 1990s this had increased to
80 per cent. What is more, this increase is mainly due to the proportion of
those with a post-graduate degree. Again, this trend indicates greater pro-
fessional specialisation of Portuguese parliamentarians, but also a growing
social closure. If we consider the ratio between the educational levels of
MPs and that of the mass of citizens in different countries, we soon conclude
that the Portuguese Parliament is one of the most elitist among Western
democracies.44
FIGURE 2
PORTUGUESE MPs BY AGE GROUPS, 1975 – 2002 (%)
FIGURE 3
ACADEMIC QUALIFICATIONS OF PORTUGUESE MPs, 1975 – 2002 (%)
parliaments (elected).49 It also shows the proportion of MPs that have not had
any prior political experience.
The proportion of MPs with no prior political experience is quite low.
Figure 5 shows that since 1985 only about 20 per cent of the MPs in each
legislature, at the most, have not had prior political experience. The only
exception was the CDS-PP in the Seventh and Eighth legislatures, but this
was due to a radical change in the party leadership.
FIGURE 5
PRIOR ELECTED OR APPOINTED POLITICAL OFFICES OF PORTUGUESE MPs,
1975 – 2002 (%)
The data do not show any specific trend in terms of prior experience in the
national parliament. In fact, the figures are characterised by ups and downs
varying in accordance with the electoral conjuncture.50 Turnover rates
varied between 70 per cent (First-A, Second and Seventh legislatures), 60
per cent (Third, Fifth and Eighth legislatures) and 50 per cent (First-B,
Fourth and Sixth legislatures).51 On average, the Portuguese turnover rate
between 1976 (First legislature) and 1999 (Eighth legislature) is 60.6 per
cent, which is a very high figure compared to the West European average of
around 20 –30 per cent.52 The Spanish rate for the democratic period (45.2
per cent – still higher than the West European average)53 suggests that the
age of the democratic regime should be considered as a factor explaining
the levels of parliamentary experience of MPs. The difference between the
Portuguese and Spanish cases (around 15.4 per cent) can partially be explained
by the incompatibility between the MP and cabinet member positions, which
exists in Portugal and not in Spain. That is why the other indicator of parlia-
mentary experience included in Figure 5 – ‘MP (any time)’ – is much more
revealing of Portuguese MPs’ parliamentary experience than the standard
measure of turnover rate. As an average, since 1976, 50.1 per cent of MPs
serving in each legislature have had parliamentary experience in the past.
Contrary to the above indicators suggesting a reinforced centralised trend
at the party level, Figure 5 shows a clear increase in the proportion of MPs
that have served in local government. What is more, since 1987 prior experi-
ence in local government actually exceeds the proportion of MPs that have
had prior experience in the Assembleia da República. This can be seen as
an indicator of growing connections between MPs and constituencies,
strengthening the link between voters and MPs. However, more in-depth
research would be necessary to confirm this inference.54 MPs can accumulate
functions in parliament and local government (non-executive) and these data
can be more representative of electoral campaigning strategies than of real
local connections of MPs.
Overall, the data show a trend of growing modernisation of the Assembleia
da República’s parliamentary recruitment. But it also suggests a growing social
closure in citizens’ access to parliamentary careers. Although this is a steady
trend since the first democratic parliament was elected, the fifth legislature
does represent in many ways a turning point, as is the case with the parliamen-
tary activity and regulatory framework of the Assembleia.
REGULATORY CHANGE
One of the key characteristics of the Portuguese political system is the number
of changes it has gone through – at least at a regulatory level, but also with
a visible impact upon parliament’s activity and role. The Assembleia da
THE PORTUGUESE PARLIAMENT 71
República is regulated fundamentally through two documents: the Consti-
tution of the Portuguese Republic (CPR) and the Rules of Procedures
(RP),55 both of which have been revised on a number of occasions.
The CRP is a rather detailed document (with a total of 299 articles) that has
a variety of direct consequences for parliamentary activity, namely on its
method of election, scrutiny and legislative powers. The CRP has undergone
four revisions since the original version of 1976, most of them subsequent to
the first decade of democracy: in 1982, 1989, 1992 and 1997. In 1982 parlia-
ment’s powers were reinforced to the detriment of the president and the gov-
ernment, as a consequence of the redistribution of powers of the transitory
Council of the Revolution.56 The 1989 revision’s main impact was on the
economic sections of the CRP and the 1992 revision was undertaken to
ensure the CRP conformed to the Maastricht Treaty. The main idea behind
the 1997 revision was to reform the political system; hence the amendments
made to the electoral system rules.57 But, regardless of the focus of each revi-
sion, each one has reinforced parliament’s powers, in particular its legislative
powers.58
Still, it is at the RP’s level that most changes have taken place. The RP is a
particularly detailed document that oversees all activity in the Assembleia da
República and has been extensively revised. These revisions show a very clear
pattern of development towards a more rationalised and efficacious institution.
Not surprisingly, these revisions all took place subsequent to the first decade
of democracy. During the first decade, not only were political actors still
experimenting with democratic practice, but also other matters had priority
over parliamentary procedure, such as the serious social and economic pro-
blems that Portugal faced at the end of the 1970s. Besides this, all revisions
took place in a situation of majority:59 1985 (coalition between PS and
PSD), 1988, 1991, 1993 (all under the PSD absolute majority) and 2002
(coalition between PSD and CDS-PP). The general impact of these revisions
was one of regulating practices, rationalising procedures, reinforcing the
power of the majorities, redesigning the scrutiny instruments and enhancing
the committee system.
The 1985 revision was clearly a reaction to ten years of convoluted parlia-
mentary practice. Procedures were regulated, limits were put on specific
instruments that were used in an obstructive manner and there was a first
attempt to rationalise procedures – for instance, the timings for intervening
in the Chamber were reduced. It was also then that majority rule was intro-
duced in the Conference of Representatives. The reinforcement of majorities
was particularly clear in the 1988 revision. Whereas in 1976 parliamentary
rights such as the number of questions to put to the government were distrib-
uted on a basis of belonging or not to the government, from 1988 onwards
the size of the PG became the key factor. In the first years of democracy,
72 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
the concern to protect opposition rights was such that any opposition PG,
regardless of its size, would be entitled to set the agenda of more plenary
days than the PGs represented in government. As the practice of democracy
was consolidated, consensual criteria were substituted by majoritarian ones;
legitimacy by efficacy.
Partly as a reaction to this the revisions also strengthened and redesigned
scrutiny. New debates on current and polemical issues were introduced in the
Chamber in 1991 and 1993,60 and became very popular. Other classical instru-
ments such as committees of enquiry and questions to the government were
also enhanced. This happened in concomitance with a redesigning of the
Chamber and committees’ role. As the committee system became more
complex, allowing for a more specialised and detailed review of legislation,
scrutiny through public debate and public questioning was reinforced in the
Chamber.
The Assembleia of 1976 was heavily based on the Chamber. All legislative
reading stages took place in the Chamber and committees could not meet
when the Chamber was summoned; parliament was effectively the
Chamber. As the years went by, the need for a more effective way to deal
with legislation resulted in an increase of the committees’ competences,
resources and power. The committees of today are completely different
from those of the 1970s: among other changes, the second reading has been
ascribed to them, they tend to meet publicly rather than privately, they have
autonomy to summon witnesses, each committee is entitled to at least one
research assistant and the 2002 revision created the Conference of the Com-
mittees’ Chairs. A very different picture, therefore, from the one drawn by
Opello in 1986 in the following statement: ‘The committees have not grown
in importance or specialisation since 1976.’61 At the same time as committees
became more specialised and professionalised, the tribune role of the
Chamber was reinforced.62
Another area of regulatory change has been the reinforcement of links with
citizens. Although this has not always resulted in a narrowing of the relation-
ship between MP and constituency, it is important to point out the conscious
effort from parliament in this area. The 1990s revisions all made small adjust-
ments recognising constituency work as part of MPs’ parliamentary activity.
MPs were given an opportunity to intervene in the Chamber independently
of their PGs, for instance, and these interventions have centred mainly on con-
stituency topics. The right to petition was also considerably enhanced at the
beginning of the 1990s, although since then there has been little sign of its
revitalisation.63
The second decade of democracy represented, therefore, considerable
change for the Portuguese Parliament from a regulatory point of view. As
we shall see in the following sections, these changes had a strong impact on
THE PORTUGUESE PARLIAMENT 73
actual parliamentary practice. This explains the many differences between the
Assembleia of today and the parliament described by Braga da Cruz and Lobo
Antunes in their seminal text written back in 1987.64
TABLE 3
LEGISLATIVE OUTPUT OF THE PORTUGUESE PARLIAMENT, 1976 – 2002
(average per year in each legislature; % in relation to the total number of MPs’/Government bills proposed)
Notes: Please note that the values referring to MPs’ bills do not include municipal bills. As
explained elsewhere, municipal bills need to be excluded in order to have an adequate
understanding of the legislative output of the Portuguese Parliament, see
C. Leston-Bandeira, ‘The Portuguese Parliament and Democracy’, West European
Politics, 24/1 (2001), p.145; and L. Sá, O Lugar da Assembleia da República no
Sistema Polı́tico Português (Lisbon: Caminho, 1994), p.330.
Although no government bill was rejected at first reading, there was one (a Basis bill)
rejected at Final Vote. This is very unusual and only happened because the majority
PG did not gather enough MPs to guarantee a qualified majority.
Source: Data base collated by the author from the archives and the activity reports of the Assem-
bleia da República, except for the Eighth legislature data, which were given directly by
parliament’s Divisão de Informação Legislativa e Parlamentar.
Source: Data base collated by the author from the archives and the activity reports of the Assem-
bleia da República.
dominates. Still, at the same time, as seen above, the bills proposed by
parliament do enjoy a relatively high success rate, especially in a situation
of minority.67 Since the mid-1980s, parliamentary procedures have been regu-
larised and the legislative output fluctuates basically according to the size of
the government’s majority. Following Norton’s typology,68 the legislative
role of the Portuguese Parliament varies in the continuum of policy-making,
policy-influencing and little-or-no-policy affect, according to whether the
government is supported by a minority, a coalition or an absolute majority.
these are sporadic and solemn instruments, inadequate for regular and conti-
nuing scrutiny of the government’s actions.70 In any case, Table 5 shows
that the use of control devices was very low in the first years of democracy.
The first parliament hardly made any use of control instruments and although
the subsequent parliaments see a slight increase, it is from the Fifth legislature
onwards that Portuguese MPs become accustomed to regularly activating
scrutiny devices.
With the Fifth legislature, the first PSD absolute majority period, came a
sense of government dominance. It was the first time a single party had an
absolute majority and this happened subsequent to a legislature where govern-
ment was particularly weak and dependent on parliament’s will. Partly as a
reaction to this, and partly because of parliament’s partisan nature, the domi-
nance of the PSD became a strong feature of those years. What is more, Prime
Minister Cavaco Silva was known for having a difficult relationship with
parliament. This context favoured the development of the prevailing idea
that parliament had lost its importance, particularly amongst opposition
TABLE 5
SCRUTINY DEVICES IN THE PORTUGUESE PARLIAMENT, 1976 – 2002
(average per year in each legislature)
PATHS OF REFORM
Despite the changes the Portuguese Parliament has already been through in
little more than 25 years, there is much discussion of the need for reform.
As in other West European democracies, Portuguese public opinion conveys
a general sense of dissatisfaction with politics. In a young democracy such
as the Portuguese, this becomes a particularly critical issue and has led the Pre-
sident of the Republic Jorge Sampaio to call on several occasions for an effec-
tive reform of political institutions. As the core of the political system,
parliament becomes easily identified as the main target for reform – even if
the need for reform (if there is one) actually belongs elsewhere.
It was in this context that the ad hoc Committee for the Reform of the Pol-
itical System was created at the beginning of the Ninth legislature. This
committee has held a large number of public hearings with experts on political
and constitutional affairs and is expected to produce consensual legislation in
this area. One of the main expectations in this process has been the electoral
system. As seen above, this has been the topic of much discussion for over a
decade now, but, once again, no agreement seems to have been reached
between the main political parties on this matter.75 At the time of writing
this article, this committee was about to introduce amendments mainly on
legislation dealing with parties and party financing.
The relationship between parliament and citizens has been one of the main
foci of this discussion on reform. As seen above, despite no changes in the
electoral rules, the Assembleia da República has in fact introduced small regu-
latory amendments in parliamentary activity aiming to enhance contacts
between MP and citizens. Besides this, from an administrative point of
view, a number of initiatives have also been developed since the late 1990s
to improve the interface between parliament and citizens. Here are a few
THE PORTUGUESE PARLIAMENT 79
examples: huge improvements in parliament’s archives (open to the public),
the Youth Parliament (a one-off parliamentary session composed of elected
representatives from schools around the country), Parliament’s Channel (a
cable TV channel produced by and about parliament), parliament’s new
website (still under reconstruction) and the development of ports of call for
citizens such as a telephone hotline.
These examples are indicative of a recent clear development of parlia-
ment’s administrative structure. As a last note on change in the Portuguese
Parliament, this should be emphasised as a major difference between
today’s parliament and the one from the 1970s and 1980s. After a period of
consolidation of democratic parliamentary practice (1970s/1980s), came one
of regulation and rationalisation (1980s/1990s) and, finally, considerable
efforts have been made to professionalise the Assembleia da República
since the late 1990s. Not only have physical and administrative resources
been improved,76 but also parliament’s support services to MPs and the com-
munity at large have been expanded, as the above examples illustrate. Still,
much needs to be done in order to make the resources of the Portuguese Par-
liament comparable to its counterparts in Europe.
CONCLUSION
NOTES
1. Despite calls for a blank vote, as a vote on the revolutionary model, there was a turnout of 91.7
per cent and only 6.3 per cent of the voters opted for a blank vote. The 1975 elections were the
first ones where universal franchise was applied in Portugal.
2. M. Lobo Antunes, ‘A Assembleia da República e a consolidação da democracia em Portugal’,
Análise Social, 100/1 (1988), p.80; and J. Miranda, Manual de Direito Constitucional, Tomo I –
o estado e os sistemas constitucionais, (Coimbra: Coimbra Editora, 1997; 1st edn. 1981), p.344.
3. The Constitution of 1976 stated that the Council of the Revolution would be transitory and last
only for the first parliament. The Council was indeed eliminated from the Constitution in
1982, when its powers were redistributed amongst the president and two new organs: the Con-
stitutional Tribunal and the Council of State.
4. M. Braga da Cruz and M. Lobo Antunes, ‘Revolutionary Transition and Problems of Parlia-
mentary Institutionalization: The Case of the Portuguese National Assembly’, in U. Liebert
and M. Cotta (eds.), Parliament and Democratic Consolidation in Southern Europe
(London: Pinter Publishers, 1990), pp.154–83.
5. U. Liebert, ‘Parliaments in the Consolidation of Democracy – A Comparative Assessment of
Southern European Experiences’, in Liebert and Cotta (eds.), Parliament and Democratic
Consolidation in Southern Europe, pp.249–72, and W. Opello, ‘Portugal’s Parliament: An
Organizational Analysis of Legislative Performance’, Legislative Studies Quarterly, 11/3
(1986), pp.291– 319.
THE PORTUGUESE PARLIAMENT 81
6. Opello, ‘Portugal’s Parliament: An Organizational Analysis of Legislative Performance’,
p.291.
7. Opello, ‘Portugal’s Parliament: An Organizational Analysis of Legislative Performance’,
p.313.
8. Lobo Antunes, ‘A Assembleia da República e a consolidação da democracia em Portugal’, p.88.
9. Liebert, ‘Parliaments in the Consolidation of Democracy – A Comparative Assessment of
Southern European Experiences’, p.260.
10. Liebert, ‘Parliaments in the Consolidation of Democracy – A Comparative Assessment of
Southern European Experiences’, pp.260–61. This classification is based on Weinbaum’s
type of legislatures, M.G. Weinbaum, ‘Classification and Change in Legislative Systems:
With Particular Application to Iran, Turkey and Afghanistan’, in G.R. Boynton and C.L.
Kim (eds.), Legislative Systems in Developing Countries (Durham, NC: Duke University
Press, 1975), pp.31–68.
11. C. Leston-Bandeira, From Legislation to Legitimation: The Role of the Portuguese Parlia-
ment (London: Routledge, forthcoming, 2004), Ch.1.2. In our view, Liebert overstates the
party fragmentation that existed then (especially if compared to the fluidity known in the
newly democratic parliaments in Eastern Europe), as well as the influence of the President
of the Republic in parliamentary practice.
12. According to M. Gallagher, M. Laver and P. Mair, Representative Government in Western
Europe (New-York: McGraw-Hill, 1992), these are the four main Portuguese parties:
the PS (Partido Socialista) a socialist/social democrat party; the PSD (Partido Social
Democrata), a right liberal party; the PCP (Partido Comunista Português), a communist
party; and the CDS-PP (Centro Democrático e Social-Partido popular), a Christian democrat,
catholic, party.
13. According to Gallagher et al., Representative Government in Western Europe, the PRD was a
left liberal party.
14. C. Leston-Bandeira, ‘The Role of the Portuguese Parliament Based on a Case Study: The Dis-
cussion of the Budget’, Journal of Legislative Studies, 5/2 (1999), pp.46–73 and J.M. Saraiva,
‘Assembleia da República: o regresso às minorias’, Expresso – Revista, 9 Nov. 1985, p.24.
15. J.J.G. Canotilho and V. Moreira, Fundamentos da Constituição (Coimbra: Coimbra Editora,
1991), p.213.
16. J. Miranda, ‘O actual sistema português de actos legislativos’, Legislação, 2 (1991), pp.7–27.
17. If an MP wants to disaffect the party, he/she becomes an independent MP. In order to move
into a different PG, that MP will have to wait for new elections when he/she may be put in the
list of a different party.
18. M. Gallagher and M. Marsh, Candidate Selection in Comparative Perspective. The Secret
Garden of Politics (London: Sage, 1988), p.1.
19. P. Norris, ‘Legislative Recruitment’, in L. LeDuc, R.G. Niemi and P. Norris (eds.), Comparing
Democracies: Elections and Voting in Global Perspective (London: Sage, 1996), pp.184–215;
P. Norris (ed.), Passage to Power: Legislative Recruitment in Advanced Democracies
(Cambridge: Cambridge University Press, 1997); P. Norris and J. Lovenduski, Political
Recruitment: Gender, Race and Class in the British Parliament (Cambridge: Cambridge
University Press, 1994).
20. This section builds on the work developed in the following books: A. Freire, Recrutamento Par-
lamentar: Os Deputados Portugueses da Constituinte à VIII Legislatura (Lisbon: STAPE/
MAI, 2001); A. Araújo, M. Costa-Lobo, A. Freire, C. Leston-Bandeira and P. Magalhães,
O Parlamento Português: Uma Reforma Necessária (Lisbon: Instituto de Ciências Sociais/
Instituto Amaro da Costa/Assembleia da República, 2002).
21. See M. Duverger, ‘A New Political System Model: Semi-Presidential Government’, in
A. Lijphart (ed.), Parliamentary versus Presidential Government (Oxford: Oxford University
Press, 1992), pp.142–49; M.S. Shugart and J.M. Carey, Presidents and Assemblies: Consti-
tutional Design and Electoral Dynamics (Cambridge: Cambridge University Press, 1997);
A. Freire, ‘Presidentes e eleições presidenciais no Portugal democrático’, in António Costa
Pinto (ed.), Os Presidentes da República Portuguesa (Lisbon: Temas & Debates, 2001),
pp.192–211.
82 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
22. For a description of the different levels of government in Portugal, see M. Baum and A. Freire,
‘Parties and Territory in Portuguese Politics’, in J. Bukowski et al. (eds.), Between Europea-
nization and Local Societies: The Space for Territorial Governance (Lanham, MD: Rowman
& Littlefield, 2003).
23. Norris and Lovenduski, Political Recruitment: Gender, Race and Class in the British Parlia-
ment, pp.188–98.
24. T. Bruneau, ‘Introduction’, in T. Bruneau (ed.), Political Parties and Democracy in Portugal
(Boulder, CO: Westview Press, 1991), p.1.
25. T. Bruneau et al., ‘Democracy, Southern European Style’, in N. Diamandouros and R. Gunther
(eds.), Parties, Politics, and Democracy in the New Southern Europe (Baltimore, MD: The
John Hopkins University Press, 2001), pp.16–82.
26. For a general overview on the history of Portuguese proposals for electoral system reform and
their respective arguments, see M.B. Cruz, Sistema Eleitoral Português: Debate Político Par-
lamentar (Lisbon: INCM, 1998); Freire, Recrutamento Parlamentar: Os Deputados Portugu-
eses da Constituinte à VIII Legislatura.
27. F.F. Lopes and A. Freire, Partidos Políticos e Sistemas Eleitorais: Uma Introdução (Oeiras:
Celta, 2002).
28. Amendments to the electoral system law need a two-thirds majority to pass. This majority can
usually only be achieved by joining together the votes of the PSD and the PS.
29. A. Freire, ‘Reforma eleitoral adiada por intransigência na defesa do número de deputados’,
Finisterra, 31–32 (1999), pp.203–6.
30. M. Shugart and M. Wattenberg (eds.), Mixed-Member Electoral Systems: The Best of Both
Worlds (Oxford: Oxford University Press, 2000); J. Curtice and P. Shivley, Phillips, ‘Who
Represents Us Best? One Member or Many?’ Paper delivered at the XVIII IPSA World Con-
gress, Quebec City, Canada, August 2000.
31. C. Leston-Bandeira, ‘Parliament and Citizens in Portugal: Still Looking for the Links’, in
P. Norton (ed.), Parliaments and Citizens in Western Europe (London: Frank Cass, 2002), p.135.
32. Leston-Bandeira, ‘Parliament and Citizens in Portugal: Still Looking for the Links’, p.135.
33. However, it should be noted that the system of substitutions is used on a variety of manners by
different PGs. For instance, the BE makes an explicit use of this as a rotation system: to allow
different MPs, representing different interests, to enter parliament for specific periods of time.
34. Leston-Bandeira, ‘Parliament and Citizens in Portugal: Still Looking for the Links’, p.145.
35. After the 1991 electoral defeat, the new CDS leadership changed the party’s ideological
profile, altering the name to Centro Democrático Social-Partido Popular. Its internal organis-
ation in legislative recruitment also changed, becoming heavily centralised (see below).
36. For more details on party selection procedures, see Freire, Recrutamento Parlamentar: Os
Deputados Portugueses da Constituinte à VIII Legislatura, pp.45–53.
37. See S. Scarrow et al., ‘From Social Integration to Electoral Contestation: The Changing Dis-
tribution of Power within Political Parties’, in R. Dalton and M. Wattenberg (eds.), Parties
Without Partisans: Political Change in Advanced Industrial Democracies (Oxford: Oxford
University Press, 2000), pp.129–56.
38. All of the data can be found in Freire, Recrutamento Parlamentar: Os Deputados
Portugueses da Constituinte à VIII Legislatura, and can be given upon request to: andre.freire@
iscte.pt. This dataset is being integrated in the CUBE project on European Parliamentary Repre-
sentatives, directed by Heinrich Best, Maurizio Cotta and Luca Verzichelli (Eurelite Group).
39. J.M.L. Viegas and S. Faria, As Mulheres na Política (Oeiras: Celta, 2001), p.55.
40. Freire, Recrutamento Parlamentar: Os Deputados Portugueses da Constituinte à VIII
Legislatura.
41. Norris, ‘Legislative Recruitment’; Norris (ed.), Passage to Power: Legislative Recruitment in
Advanced Democracies; Norris and Lovenduski, Political Recruitment: Gender, Race and
Class in the British Parliament.
42. See Inter-Parliamentary Union, ‘Women in Parliament’, www.ipu.org.
43. For data on other countries, see Norris (ed.), Passage to Power: Legislative Recruitment in
Advanced Democracies; H. Best and M. Cotta, Parliamentary Representatives in Europe,
1848–2000 (Oxford: Oxford University Press, 2000).
THE PORTUGUESE PARLIAMENT 83
44. Norris (ed.), Passage to Power: Legislative Recruitment in Advanced Democracies; Best and
Cotta, Parliamentary Representatives in Europe, 1848–2000; and UN World Development
Indicators, CD-Rom, 2001.
45. Best and Cotta, Parliamentary Representatives in Europe, 1848–2000, p.495.
46. This category includes people that do not occupy any position in the parties’ formal hierarchy.
However, even if not belonging to the parties’ formal organisation, some MPs do occupy pos-
itions in autonomous organisations (of workers, women, and so on) that are related to their parties.
47. See Norris, ‘Legislative Recruitment’; Norris (ed.), Passage to Power: Legislative Recruit-
ment in Advanced Democracies; Norris and Lovenduski, Political Recruitment: Gender,
Race and Class in the British Parliament; Best and Cotta, Parliamentary Representatives
in Europe, 1848–2000, p.495.
48. Excluding the data referring to the Constituent and to the Fourth legislature, which are very differ-
ent from the other legislatures, there is an average ratio of 2.25 for the first decade (First to Third
legislatures) and 3.375 in the second decade (Fifth to Eighth legislatures). That is, for every MP
with a party position at national level, 2.25 MPs had a regional/local one in the first decade.
49. MPs’ prior political experience in the national parliament is measured by two indicators: par-
liamentary experience in the last legislature – MP (LAST LEGISLATURE); and prior parlia-
mentary experience in any legislature – MP (ANY TIME).
50. Freire, Recrutamento Parlamentar: Os Deputados Portugueses da Constituinte à VIII Legis-
latura, pp.113–25.
51. Note that Figure 5 shows prior parliamentary experience of Portuguese MPs and not turnover.
Turnover is calculated as 100 minus political experience rates in each year.
52. Best and Cotta, Parliamentary Representatives in Europe, 1848–2000, pp.504–6.
53. Best and Cotta, Parliamentary Representatives in Europe, 1848–2000, p.440.
54. Research into the discussion of the annual state budget between 1983 and 1995 does support
this information though: from the Fifth legislature onwards the links between MPs and their
constituencies became clearer in their work in parliament (C. Leston-Bandeira, From Legis-
lation to Legitimation: The Role of the Portuguese Parliament, Ch.6).
55. Respectively, Constituição da República Portuguesa and Regimento da Assembleia da
República. Besides this, other important regulatory documents include: the Statute of MPs,
which deals in detail with MPs’ rights and duties and the Organic Law of the Assembleia
da República, which prescribes on administrative matters.
56. Of which we emphasise parliament’s new powers to amend the State Budget and the restric-
tions on the president’s power to dismiss government and to dissolve parliament.
57. The 1997 constitutional revision introduced the possibility of including single-member con-
stituencies into the electoral system. However, despite much discussion on this matter and
several attempts to revise the electoral system law, no change has been introduced since
the system that was first adopted in 1975 to elect the Constituent Assembly.
58. J. Miranda, Manual de Direito Constitutional, Tomo I – O Estado e Os Sistemas Constitucio-
nais (Coimbra: Coimbra Editora, 1997; orig. edn. 1981), pp.370–407.
59. The absolute majority voting rule is required to change the RP.
60. Besides this, the 2002 revision also institutionalised a monthly debate with the prime minister
(Regimento da Assembleia da República, 2002, art. 239.o). In the Seventh legislature, Prime
Minister António Guterres introduced the practice of monthly Chamber debates with the
prime minister. The 2002 amendment institutionalises this as a regular practice.
61. Opello, ‘Portugal’s Parliament: An Organizational Analysis of Legislative Performance’, p.304.
62. For more details on specific RP changes, see Leston-Bandeira, From Legislation to Legitima-
tion: The Role of the Portuguese Parliament, Ch.3.3.
63. For more details on these changes enhancing links with citizens, see Leston-Bandeira,
‘Parliament and Citizens in Portugal: Still Looking for the Links’, pp.138–9.
64. Braga da Cruz and Lobo Antunes, ‘Revolutionary Transition and Problems of Parliamentary
Institutionalization: The Case of the Portuguese National Assembly’.
65. The first reading stage is preceded by a prior referral in committee, where a report is produced
on each bill; no partisan views are formulated at this stage. First reading takes place in the
Chamber.
84 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
66. Please note that it is a question of inability and not of rights. Portuguese PGs have had con-
siderable agenda-setting rights, particularly before 1988.
67. This is partly explained by the way bills are proposed and accounted for in the final laws
approved, which results in inflated numbers. Any given bill proposed on a specific issue
tends to cause the proposal of more bills from other PGs, as this is a way of ensuring a
prime time to intervene in the first reading debate; the non-proponent PGs have considerably
less time to speak. The result of this is an inflationary number of bills. The 2002 RP revision
introduced limits on this and, as a result, this practice may change in the future. On the other
hand, the number of bills approved at final vote include any bill that has made a contribution to
the discussion of the final law draft, even if minimal. That is, in practice, it includes all the
bills approved at first reading and discussed in committee at second reading, together with
the main proponent bill(s), reaching the final vote stage.
68. P. Norton, ‘The Legislative Powers of Parliament’, in C. Flinterman, A. Willentteringe and
L. Waddington (eds.), The Evolving Role of Parliaments in Europe (Antwerp: Maklu
Uitgevers, 1994), pp.15–35.
69. C. Leston-Bandeira, ‘The Portuguese Parliament and Democracy’, West European Politics,
24/1 (2001), p.150.
70. Please note that interpellations in the Portuguese system are regulated in detail by the CRP;
where it is stated that each PG is allowed to propose a maximum of two interpellations per
year.
71. See G. Rosendo, ‘Comissão de inquérito à PJ inconclusiva’, Expresso, 21/12/02, p.10.
72. This has improved. Whereas in the Fourth legislature the response rate was 37 per cent, in the
first year of the Eighth legislature this had improved to 63 per cent.
73. There are now two types of QGs: departmental (sectorial) and general ones (Regimento da
Assembleia da República, 2002, art. 240.o and 241.o). It is too early to assess the impact of
this change.
74. A. Vitorino, ‘O controlo parlamentar dos actos do governo’, in M. Baptista Coelho, Portugal:
O Sistema Político e Constitucional (1974–1987) (Lisbon, Instituto de Ciências Sociais,
1989), p.386.
75. See M.T. Oliveira, ‘Reforma eleitoral adiada sine-die’, Expresso, 14 Dec. 2002, p.10, and S.J.
Almeida, ‘Lei dos partidos está pronta’, Público, 29 March 2003, p.21.
76. Note the inauguration in 1999 of the new building that has provided, among other things, new
meeting rooms and offices for MPs – today most MPs share one office between two, rather
than five or six as had happened since the late 1980s, or no office at all as was the case in
the first decade of democracy.
77. Best and Cotta, Parliamentary Representatives in Europe, 1848–2000, p.495.
78. N. Polsby, ‘Legislatures’, in F.I. Greenstein and N.W. Polsby (eds.), Handbook of Political
Science, V (Reading, MA: Addison-Wesley, 1975), pp.257–319.
79. Leston-Bandeira, From Legislation to Legitimation: The Role of the Portuguese Parliament,
Ch.7.
80. Liebert, ‘Parliaments in the Consolidation of Democracy – A Comparative Assessment of
Southern European Experiences’, and Opello, ‘Portugal’s Parliament: An Organizational
Analysis of Legislative Performance’.
The Hellenic Parliament:
The New Rules of the Game
PENELOPE FOUNDETHAKIS
The Greek Parliament consists of one Chamber and fulfils the function of
the legislative body in a parliamentary republic. There is no tradition of a
Senate, although there are two historical examples, in 1844 and in 1927,
which did not last long. There are 300 MPs, according to the law. The
constitutional provision allows for between 200 and 300 Deputies, but the
‘tradition’ is for the maximum. The Greek peculiarity lies in the weak
status of the parliamentary opposition, in the very strong relationship
between the governmental party on the one hand and the state and the
administration on the other. This fact is the relic of a democracy, economy,
and even society, dominated by the state since the nineteenth century. Since
1987 steady efforts have been made, through the revision of the SO, to
strengthen parliament – that is, to strengthen the opposition. The identification
between government and parliamentary majority has been helped by (a) an
almost absolute party discipline and (b) an electoral system which tradition-
ally restricts the political game to the two main parties – the centre-right
and the centre-left.
Until the latest revision of the constitution and the SO (2001), parliamen-
tary work was very centralised. Although there was a constitutional provision
about the possibility of splitting the plenum into two sections, practice worked
against this choice. The institutions of the Presidium of the Parliament and of
the Conference of Presidents, created in 1987, have contributed considerably
towards a more organised parliamentary work.
There is a steadily increasing number of committees. The need for a
‘working’ parliament has led to an enlargement of the new legislative compe-
tences of the six permanent parliamentary committees (standing committees),
which has resulted in taking over a great deal of the work of the plenum. These
committees are: the Standing Committee on Cultural and Educational Affairs;
on Defence and Foreign Affairs; on Economic Affairs; on Social Affairs; on
Public Administration, Public Order and Justice; and on Production and
Trade. There are also two special committees: on the Financial Statement
and the General Balance Sheet of the State, and on European Affairs.
Besides these, there are four special permanent committees: on Greeks
Abroad; on Institutions and Transparency; on Technology Assessment; on
Equality and Human Rights. The internal affairs of parliament are the
subject matter of four committees established in every regular session
(Committee on SO of the Parliament; Committee on Parliamentary Finances;
Committee on the Parliamentary Library; and Committee on International
Parliamentary Affairs). Finally there are the investigation committees
and the ad hoc parliamentary committee for the conducting of preliminary
investigations in the case of impeachment.
THE HELLENIC PARLIAMENT 87
THE POLITICAL ENVIRONMENT 1985 – 2001: THE ELECTORAL SYSTEM,
THE PARTIES AND GOVERNMENTAL CRISES
The Greek political system was marked by the change of government in 1981,
when the Panhellenic Socialist Movement (PASOK) came into power. In 1985,
PASOK won the elections again and implemented a system of ‘reinforced’ pro-
portional representation with elements of a majority system.2 The constitutional
revision of 1986, the content of which was restricted to a drastic reduction of the
excessive powers of the President of the Republic, did not succeed in reinfor-
cing the parliament.3 On the contrary, it reinforced the predominance of the
governing party, primarily its leader, and the prime minister.
This took place within the framework of a bi-polar system and of single-
party governments, the rule in the Greek political system,4 in combination
with a deficit of intra-party democracy,5 which continues to the present day.
Intra-party democracy is a problem in Greece, perhaps more so than in other
European countries, as there is a solid tradition of politicians with strong
personalities, who ‘owned’ their parties and imposed absolute party discipline.
The last party leaders of this tradition were Konstantinos Karamanlis and
Andreas Papandreou. During the last 10 –15 years there has been an effort
within the parties to improve the democratic process of party decision-
making. However, to this date, there is a legal disagreement over the vague
constitutional provision on political parties (article 29, para.1), on whether
it commits parties to internal democracy or not.
Due to the Koskotas scandal,6 which acted as a catalyst for political devel-
opments, the atmosphere of the 1989 elections was intensely loaded against
the socialist party. A few months prior to the election, the governing party
passed a bill establishing a system of genuine proportional representation.7
This changed the existing system of ‘reinforced’ proportional representation
in place since 1974. The clear aim was to hinder the right-wing party of
New Democracy (ND) in the formation of a majority government. Following
the election of June 1989, a paradoxical coalition government of the right in
co-operation with the Communist Party was formed.8 Its slogan was ‘purifi-
cation’: ‘catharsis’. It aimed at bringing impeachment charges against
Andreas Papandreou and three other ministers of the PASOK government
in the ad hoc Special Court.9 This was followed by the government of Grivas,
which conducted the elections of November 1989 when once again a single-
party government failed to emerge. The publicly accepted government
of Zolotas – a non-parliamentarian and university professor10 – led to the
dissolution of parliament after the failure of the parties’ agreement concerning
the election of the President of the Republic. A New Democracy government
emerged from the elections of 8 April 1990, with a marginal majority:
its majority was secured thanks to the vote of the one MP elected from
88 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
Parties Fourth Term Fifth Term Sixth Term Seventh Term Eighth Term Ninth Term Tenth Term
2 June 18 June 5 November 8 April 10 October 22 September 9 April
1985 1989 1989 1990 1993 1996 2000
% of no of % of no of % of no of % of no of % of no of % of no of % of no of
votes seats votes seats votes seats votes seats votes seats votes seats votes seats
PASOK 45.82 126 39.13 125 40.67 128 38.61 123 46.88 170 41.49 162 43.79 158
New Democracy 40.84 161 44.28 145 46.19 148 46.89 150 39.30 111 38.12 108 42.73 125
Communist Party 9.89 12 19 4.54 9 5.61 11 5.53 11
Synaspismos1 1.84 1 13.12 28 10.97 21 10.28 19 2.94 0 5.12 10 3.20 6
POLAN2 – – – – – – – – 4.87 10 2.94 0 – –
DIKKI3 – – – – – – – – – – 4.43 9 2.69 0
DIANA4 – – 1.01 1 0.67 1 – – – – – –
Ecologists – – – – 0.58 1 0.77 1 – – 0.08 0 0.05 0
Other5 1.61 0 2.46 16 1.59 27 2.78 68 1.47 0 2.21 0 2.01 0
300 300 300 300 300 300 300
Notes: 1 The Coalition of the Left and of Progress was the co-operative effort of the Communist Party of Greece and the Communist Party of the Interior,
which ran together in the elections of 1989 and 1990. In the elections of 1985 they ran separately, while in the elections of 1993 and thereafter, the
Communist Party of Greece had left the united coalition.
2 Political Spring under Antony Samaras, a personalised party of the centre-right with nationalistic positions in external policy. Not active since 1999.
3 Democratic Social Movement under Dimitris Tsovolas, former minister of PASOK, a personalised party of the left.
4 Democratic Renewal under Costis Stefanopoulos, with MPs who left the New Democracy Party. It dissolved itself in 1994.
5 None of the parties or the independent MPs included here won a percentage over 0.8%. The far right National Patriotic Union in 1985 won its largest
percentage of the votes, 0.60%.
6 The MP Rodopis Sadik Achmet Sadik, with 0.38% is elected as an independent.
7 Two independent MPs.
8 Six independent MPs.
Source: Official Results, published by the Ministry of the Interior.
90 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
major parties and disagreement with the small parties. It was the section on
parliament that underwent the most changes. Thirty provisions received
more than 250 votes in both rounds. These were related to: the election and
composition of parliament; electoral disqualifications and incompatibilities
of MPs; the rights and duties of MPs; the organisation and functioning of
parliament; as well as the powers of parliament. Only two provisions relating
to the powers of parliament received less than 180 votes.22 The systematic
coherent voting alignment by party is a clear indication of the intensity of
party discipline, even though the party leadership had declared that throughout
the revisionary procedure party discipline would not apply.
Certain general conclusions can be reached with regard to the revised pro-
visions. First, recourse was made to constitutional rules on provisions which
could be the subject matter of formal law. The second, which follows from
the first, are the very detailed changes that reach the point of breaking the
unity of the constitutional text. A typical example in the area of parliamentary
law is where the constitutional provisions make recommendations on electoral
funding (article 29 para.2 C), on electoral law (articles 51 and 54 C), as well as
on electoral disqualifications and incompatibilities (articles 56 and 57 C). This
tendency towards ‘obesity’ of the constitutional text demonstrates the mistrust
towards the governmental majority and is connected with the manipulation of
the legislative process to produce mere superficial legislative changes, clien-
telism, superfluous provisions in bills and the lack of real participation of the
opposition in the law-making process.23
The parliamentary debate on the revision of the provisions on parliament
had three central points. The first is the anxiety expressed by MPs concerning
the improvement of their role and putting forward their particular points
of view. The second concerns the demand for ‘an improved parliament’, a
‘reorganisation of the functioning of popular representation’ which was con-
nected with ‘modernisation and rationalisation of the legislative proceedings
and of control over the executive’. The third point is related to the problem
of corruption, of illegal political funds, and of the improper and illegal connec-
tion of economic interests and political choices.24
LEGISLATION
Third 1981–85 1,058 29% 438 12% 2,160 59% 3,656 72.6%
Fourth 1985– 5.1989
Fifth 17 7.5% 157 69.5% 52 23% 226 4.5%
6.1989–11.1989
Sixth 67 23.7% 216 76.3% – – 283 5.6%
11.1989–3.1990
Seventh 233 26.7% 228 26.1% 411 47.1% 872 17.3%
4.1990–15.6.1991
Total 1,375 27.3% 1,039 20.7% 2,623 52% 5,037 100%
MPs from the two large political parties were completely opposed to this
change. Despite the objections, the amendment was accepted with the follow-
ing addition: all MPs may submit law proposals27 and additions or amend-
ments in any permanent committee irrespective of their membership
thereto. Any permanent committee may refer any dispute concerning its com-
petence to the plenum by resolution adopted by an absolute majority of all its
members (article 72 para.3 C).28 In accordance with the constitutional adjust-
ments, the competence of the permanent parliamentary committees is con-
ditional upon the competency of the plenum.29 The SO overturned the
ruling of competence in favour of the committees (article 89 para.3 SO) and
turned the rule into the exception, stating that the Conference of Presidents
may introduce a bill for debate and vote by the plenum.
Irrespective of these problems, however, we must underline the signifi-
cance and usefulness of the new adjustment on legislative competence of
the permanent committees. It contributes indisputably to the rationalisation
of parliamentary functioning.
Another classic example of the contortion of the legislative process is
the issue of provisions and amendments not related to the subject matter of
a law, which has been taking place constantly since 1974.30 These are unre-
lated provisions either embodied in the bill, or proposed suddenly as additions
and amendments at the last moment, usually late at night. Their existence is
overtly declared in the title of the laws by the common denotation
‘and other provisions’.31 The unrelated provisions exacerbate the fragmented
and contradictory adjustments, facilitate the clientelistic accommodations and
hinder citizen access to the laws that affect them, especially if one takes into
consideration the relative scarcity of codifications.32 This problem was not
solved by the revision, and the clause remained as it was. As a result, in the
92 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
case of dispute over whether a clause of a bill is related to its main subject
matter or not – and being thus considered unconstitutional – parliament is
competent for the decision, that is the parliamentary majority.33
The implementation of the Constitution of 1975 has demonstrated that in
the Hellenic Parliament issues of whether the content of a bill is contrary to the
constitution are made on the basis of party discipline of the members of any
governmental majority, as well as of the opposition. Very often, members
of the government declare that the solution to some controversial issue is
the passing of the respective legal provision, when the provision itself, as
part of a presidential decree, has already been judged unconstitutional in the
preventive controls undertaken by the ‘Conseil d’Etat’. This constitutes a con-
tortion of the parliamentary examination of the constitutionality of bills. In
combination with the refusal of courts to examine the interna corporis of
the parliament and the absence of a Constitutional Court, it leads to an inse-
cure political situation, in so far as some laws are judged unconstitutional in
retrospect and in a fragmented fashion.
Still, the revision broached this topic of unconstitutionality on the issue of
the time period during which additions and amendments can be introduced.
Prior to the constitutional revision, ministers could introduce additions and
amendments at any time, even during the course of the parliamentary
debate. MPs could introduce these as late as the day before the debate
began. The revision provides for the amendment and additions of the ministers
and MPs to be introduced at least three days prior to the initiation of the
debate, so as to avoid the legislative body being taken by surprise.34
The revision of the debate and the voting process on the State Budget and
the General Balance and Financial Statements of the State were positive.
According to the new rules, the Minister of Finance is obligated to present
a draft budget to the competent permanent parliamentary committee on the
first Monday of October. The Minister of Finance introduces the budget to par-
liament at least 40 days (as opposed to the prior 30 days) before the beginning
of the fiscal year, ‘taking the comments of the Committee into consider-
ation’.35 This interpolation allows actual control over budgetary figures and
is very important, particularly taking into account that voting in the plenum
takes place by ministry on the total amount, without the possibility of the
amounts being amended.
With regard to the General Balance and the Financial Statements of the
State, the revised provision of article 79, paragraph 7 stipulates that the
government must append the report of the Court of Auditors. Altogether
these constitute the subject matter which is processed by a special committee
of MPs, after which they are announced by the plenum. This greatly facilitates
the business of the parliament and ensures the transparency of the data
required for a sound assessment by the plenum.
THE HELLENIC PARLIAMENT 93
In an attempt to reinforce the role of parliament, the government is
obligated to inform parliament on issues subject to decrees within the frame-
work of the European Union and their debate, based on the revised provisions
of article 70, paragraph 8 C. In this case, the competent committee makes
its findings known, which are then conveyed to the competent ministry as
provided for in the SO (article 32A SO and 41B SO).
Of course, the quality of legislation does not depend only on constitutional
provisions. The legal framework should be complemented by the qualifications
of the constitutional provision for the actual improvement of the performance of
the parties, the parliamentary groups and the individual MPs. This is achieved
with direct access to and complete provision of information concerning the
business of the government in every field, with scientific support both in
parliament as well as for the MPs. The new provisions of the SO bring about
real improvement in the legislative process. However, parliament continues to
legislate without fully informing or briefing, without being able to enter the
ministerial mazes involved in legislating and the drafting of laws.36 This
deficit primarily concerns the opposition and may account for the exercising
of legislative initiative almost exclusively by the government.37
Until recently, exercising control over the government was taboo for MPs and
for the governmental party. Over the last decade, their timid adoption of
means of parliamentary control has been observed. In all cases, and reasonably
so within the framework of present day parliamentarism, control remains the
basic competence of the parliamentary opposition.38
The Greek Constitution provides only for a few means of parliamentary
control, particularly addressing reports and complaints (article 69 C), the sum-
moning of a minister (article 66 para.3 C), the investigation committees
(article 68 para.2 C) and of course the motion of censure (article 84 C). The
remaining control devices are specified by the SO: questions and current ques-
tions, interpellations and current interpellations, questions of the MPs to the
ministers, the ‘informing and briefing’ procedures of parliament and
announcements or declarations of the government to the parliament (articles
124 –38A SO).
The revision of 2001 brought about two positive amendments: (1) the
awarding of competence for parliamentary control to the permanent
parliamentary committees as well as to the section when parliament is in
recess – in the past this competence was held only by the plenum (article
70 para.6 C) – and (2) the ease with which the permanent committees can
summon ‘any person’ (‘any civil servant’ in its former wording) whom they
consider useful for their work (article 66 para.3 C).
94 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
initiative of MPs’ on one or two issues of more general interest to the ministry
within whose jurisdiction the bill is being debated (article 128 SO), using in
effect a control device that was already available for the plenum (article
132A SO).
The interpellations constitute an effective means of parliamentary
control, but they are not entrenched with a constitutional provision. The
new amendments of the SO specify the debate of current interpellations
every Monday. Those MPs who have signed the interpellations, as well as
the competent minister, take part in these debates. It can be seen as positive
that the conference under the new provisions cannot easily avoid issues that
are politically unpleasant for the majority.46
The questions of the MPs to the ministers (articles 126 – 8 SO) as well as
the answers (within 20 days) from the competent ministers are presented in
written form. The current questions are of particular interest (articles 129–
32 SO); they were established for the first time in 1987 and have undergone
quite a few amendments with regard to procedure. Following the amendments
of October 2000, the questions of the MPs are directed not only towards the
ministers, but also towards the prime minister.
The ‘informing and briefing’ procedures of parliament constitute means
of parliamentary control in the broader sense. The debates with priority
over the Order of the Day were established in the SO of 1987 (article 143
SO), formalising a practice that had existed since 1974. The debate concerns
national issues or issues of more general interest on which the prime minister
informs parliament and a debate ensues in which the chairs of the parliamen-
tary groups and one or two ministers take part.
The announcements or declarations of the government to the parliament
(article 142A SO), established in 1993, are announcements by the prime min-
ister on any public matter. They are followed by comments from the chairs of
the parliamentary committees. The prime minister informs the speaker, in
writing, that he intends to address the parliament on a serious public issue,
mentioning the subject matter. The speaker has to inform the leaders of
the parliamentary groups at least 24 hours before the announcements of the
prime minister. The announcements take place in the plenum and there is
an oral procedure, prior to any other issue on the Order of the Day. The
prime minister may speak for ten minutes, the leaders for five minutes.
There is also a second round with five and three minutes respectively.
The proliferation of parliamentary committees is also a constant in the
amendments of the SO. In the recent amendment, a new committee was
created: the Special Standing Committee on the Financial Statement and
General Balance of the State (article 31A SO). In 1996, the special permanent
committees were created (article 43A SO) and included the following: Greeks
Abroad; Institutions and Transparency; Technology Assessment on Issues of
THE HELLENIC PARLIAMENT 97
Bioethics; and now a Committee on Equality and Human Rights has been
added, in which provision has been made for the equal participation of men
and women MPs.
Special mention must be made of the new amendments to the SO on
research and specialised support, as well as administrative support of
parliamentary business. In the amended SO, the research support service of
parliament (articles 160– 63 SO) is greatly enlarged47 and the scientific
council acquires broader competence. The research support of parliamentary
business is directed particularly toward European, international and compu-
ter-related issues. However, questions to experts are exclusively posed
by the chairs of the committees, while individual MPs have support from
only one research assistant. Time will tell whether in this way the existing
information deficit of MPs and the research support of their work will be ade-
quately dealt with. This is probably unlikely. In any parliament, the research
service can offer means to build up criticisms at the stage of legislative
initiative, which in Greece is monopolised by the government. The need for
critical examination of the proposed statutes assists the parliament vis-à-vis
the government, however de facto it consolidates the opposition. It is
unknown whether these ambitious amendments will be able to deal with the
political friction created by the organisation of impartial research support
for parliament.
The second concerns the overall antagonism between MPs and ministers
that runs through the overall functioning of parliament. The important thing
for the government is to maintain a balance between its ministers and the gov-
ernmental party MPs so as to preserve intact its own partisan and ideological
homogeneity within and among the parliamentary majority.
The third element, a very recent one, is the extension of the competencies
of local government. The prefects, now elected since 1994 as well as the
mayors, have much greater political and economic strength than in past
decades, often stronger than the MPs themselves.49
From the debates on the amendment, a desire emerges for a new ‘arrange-
ment’ of the given ideological and political identification of the government
with the majority in parliament; that there should be a systemic independence
between majority and government. Many MPs mentioned or alluded to the
need for the parliamentary majority to be differentiated, if only in tone,
from the government. This was seen to be necessary in order for the autonomy
of its role to be convincing and to contribute to the credibility of parliament
overall. On the other hand, strengthening the rights of the minority and of
individual MPs as counterweights to the prime ministerially centred govern-
mental hierarchy, was the reason used to justify most of the changes.
On the technical issues of the relationship between government and parlia-
ment, the following changes have taken place.
First, the parliament acquires the competence to rule on the incapacity
of the prime minister in exercising his duties for health reasons (article 38
para.2 C), after the submission of a proposal by the parliamentary group of
the prime minister’s party, or by two-fifths of the MPs. This addition
emerged from the situation that existed when Andreas Papandreou was ill
and the country found itself ungoverned in August 1988.
Second, important changes were introduced in an area that can be con-
sidered as part of the relationship between parliament and government: the
independent public authorities (IPAs). From 1989 to the present, more than
20 of these authorities have been established by law. They have the privilege
of ‘independence’, often with the safeguard of autonomous administration and
financing as well as the protection of the independence of their members.50
The common basis of the IPAs is transparency in areas of social life where
relations of power put human rights at risk. The amended constitution
included some IPAs51 where the issues of their formation and functioning
were provided for in a general provision (article 101A C), considering these
a sui generis form of the organisation of executive functioning. A number
of points characterise this amendment with regard to parliament. First, the
individuals who staff these authorities (technocrats and research assistants)
are chosen by the Conference of Presidents of the Parliament, by consensus
or by a four-fifths majority. Second, the members are appointed for a set
THE HELLENIC PARLIAMENT 99
term and enjoy personal and functional freedom. Third, parliamentary control
of these authorities is conducted according to the specific provisions of the SO.
Fourth, the constitution does not provide for the financial autonomy of the
IPAs. The SO specify the obligation of the IPAs to submit a yearly report
on their work to the speaker, who conveys it to the competent committee,
which comes to conclusions about the work of the IPA and sends it to the
competent minister (article 138A SO). A major problem for parliament –
government relations is the possible blow to parliamentary authority insofar
as the IPAs depart from the hierarchical pyramid of administrative organis-
ation.52 But, to date, it is not possible to ascertain yet the extent of the
effects of the IPAs on the relationship between government and parliament.
The conflict that appears between the two constitutional principles of free
representative mandate and party discipline constitutes a major problem.
The operational criterion of the Greek political system is probably party
discipline that is set by the political leaders; strict party discipline is always
justified by the appeal to unity and the effective functioning of the party.
The deficit in intra-party democracy is carried to the parliamentary field and
becomes visible when the chairs of the parliamentary groups publicly
declare without hesitation when they will ‘allow’ the MPs to exercise their
‘free vote’. The only outlet for overcoming the juxtaposition between the
party and the parliamentary fields is an ad hoc balancing of two constitutional
principles, within the framework of the ‘theory of harmony in practice’.53 It
would be difficult for a revision of the constitution to overcome this inherent
constitutional ‘contradiction’. The balancing referred to above is part of the
general functioning of the political system, primarily of the Greek political
culture that cannot be solved vaguely at the level of constitutional provisions.
In any case, the new legislative and control competencies of the permanent
parliamentary committees reinforce the individual presence of the MPs, as
committee work is less party-dominated.
A major issue concerning the position of MPs is citizen perception of their
trustworthiness. General scorn is expressed about political and parliamentary
discourse as seen in many different surveys of public opinion in Greece.
Specific amendments and their applications contribute to this situation. It
was not by chance that the debate of the position and the rights of MPs
during the revision of the constitution was connected with the closed shop
manner in which they execute their role,54 in connection with the more
general perception of corruption. On this point, three issues were identified:
parliamentary immunity, parliamentary salary and the funds of MPs during
electoral periods.
100 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
The issue of immunity was brought up by all the parties and a revision of
the respective provision was proposed by the opposition, which in the end was
not passed (article 62 C). The amendment on the immunity of MPs is a classic
example of a volitionally mistaken application of a reasonable constitutional
provision. There were strong reactions from the press, public opinion and MPs
themselves against the usual rejection of all the proposals on the revoking of
immunity: from 1974 to September 1996, about 700 applications were made
to revoke immunity and only three were accepted.55 This has happened even
in cases of behaviour obviously not becoming to the status of MP.56 The par-
liamentary minority proposed the reversal of the requirements for the revoking
of immunity, whereupon immunity would be granted only when there were
political causes. Parliament proposed that the provision remain as it was,
the basic argument being in the difficulty in defining the exact meaning of
political causes.
The issue of MPs’ salaries (article 63 C) was the subject of debate in con-
nection with the proposal of the majority for the addition of a phrase (con-
sidered pompous by many) to demonstrate ‘honour and respect’ for the
MPs. This was withdrawn, but it does constitute an example of the low
esteem in which MPs are held. It also illustrates the limited means available
to them relative to the general and special secretaries of the ministries or
the mayors or prefects. The entire network of provisions on the research
and administrative support of MPs is specified in the SO, without reference
to the constitution.57
The parliamentary funds during the pre-electoral period are connected to
the issue of party funds during the same period.58 The strict new provision
was laid down following an intense debate concerning illegal funds of the can-
didates, their ‘covert’ backers, the illicit relations with the mass media, which
create inequalities between candidates and distort the will of the electoral
body. The amended constitution imposed a ceiling on funding, the violation
of which constitutes grounds for the forfeiture of MP status. A special body,
in which members of the judiciary participate, has competence for this
control.59
There are new amendments with regard to electoral disqualifications and
incompatibilities for MPs, which in Greece are traditionally regulated by
the constitution. During the debates on the revision, an absence of party cohe-
sion was noted in this area. Two diametrically opposed tendencies were
observed with regard to the disqualifications, which did not follow party
lines. One tendency favoured the extension of disqualifications, while the
other supported their drastic reduction. The viewpoint of the majority’s
general rapporteur is typical of the contradictions involved in this issue:
according to him, the disqualifications ‘work as a means of settling intra-
party relations and of managing the role of political officials’.60
THE HELLENIC PARLIAMENT 101
The total number of disqualifications (article 56 C) were reduced and
amended as follows. First, they were described in more detail so that contro-
versial judicial decisions would be avoided in the future. Second, return to the
public sector is facilitated for those who have to resign to become candidates.
Third, the complete disqualification of prefects is provided for over the course
of their four-year term, even if they resign. Fourth, disqualifications are
imposed on members of the independent authorities.
The incompatible attributes (article 57 C) were extended so that there
would be a barrier between the economic functions of the state and MPs’
status. Here, too, the parliamentary debate brought to light the major
problem of the improper interweaving of economic and political power. The
new economic reality led to new incompatible capacities such as that of
administrator, member of a board of directors or shareholder of a company
that enters into any kind of contract with the public sector, or of a company
of the printed or electronic media. Inter-party conflict emerged from the pro-
posal and the final voting on the provision prohibiting MPs from working.61
NOTES
the plenum from 2 April to 20 May 1998. In the Revisionary Parliament (term X), the
debate went on in the Revisionary Committee from 30 August to 19 November 2000,
in the plenum from 17 January to 6 April 2001. The debate on the issues of the
parliament occupied the plenum of the Revisionary Parliament for seven of the total of its
22 sessions.
21. Particularly with regard to the two final characterisations, see N. Alivizatos, Uncertain
Modernisation and the Nebulous Constitutional Reform (Athens: Polis, 2001), pp.155–232.
22. For the entire new constitutional framework, see K. Mavrias, Constitutional Law (Athens:
Ant. N. Sakkoulas, 2002), pp.599–669.
23. See G. Sotirelis, Constitution and Democracy in the Age of ‘Globalisation’ (Athens: Ant.
N. Sakkoulas, 2000), pp.197– 224; G. Kaminis, ‘Parliament: The Challenge of Improvement’,
in Twenty Years of the 1975 Constitution (Athens: Ant. N. Sakkoulas, 1998), pp.163–99;
P. Foundethakis, The Rights of Parliamentarians in the Greek Parliament: The Principles
of Parliamentary Law (Athens: Ant. N. Sakkoulas, 1993).
24. P. Foundethakis, ‘The Role of the Parliament in the Proposal for Constitutional Revision’, To
Syndagma, 26/6 (2000), pp.1177–204.
25. S. Koutsoubinas, ‘Legislation in the Parliament at the Time of the Revision Proposal’, To
Syndagma, 26/6 (2000), pp.1225–30.
26. These cases are defined in article 72 para.1 C.
27. Any single member of parliament may submit a ‘law proposal’. The competent ministers may
submit ‘bills’. The difference between the two terms is merely terminological.
28. Thus the problem was created of whether the plenum can in essence alter legislative
provisions which a permanent committee has prepared, or whether it must pass it as is or
reject it, see articles 72 para.4 C, 104 para.5 SO, 108 SO.
29. Article 72 para.2.1 defines that the debate and the passing of all the bills which do not belong
to the absolute competence of the plenum ‘may take place during the course of the session, by
the competent Permanent Committee’.
30. On the practical significance of the amendments see Table 2. There are 5,037 amendments for
1,015 bills.
31. From 1975 until 1993, 522 out of 2,178 laws had in their titles ‘and other provisions’, see the
research of the National School of Public Administration, ‘Disfunctionalities in the Making of
Legislation in Greece’ (1995), pp.6– 7.
32. According to the Greek Constitution, judicial or administrative codes drafted by special com-
mittees established under special statutes may be voted through in the plenum of parliament
by a special statute ratifying the code as a whole. Legislative provisions in force may also be
codified by simple classification.
33. Article 74 para.5 C. According to the general rule of article 67 C, parliament decides with an
absolute majority of the members present, which cannot be less than one-quarter all the MPs,
that is, 75 out of the 300.
34. Article 74 para.3 C and article 87 para.2 SO.
35. Article 79 para.3 C.
36. Kaminis, ‘Parliament: The Challenge of Improvement’, pp.181– 6.
37. From 1974 until 1990 only four bills proposed by the opposition had become laws, all on
totally secondary issues. From April 1990 until September 1996, 556 laws were passed.
Only three of these came from the opposition.
38. See the related P. Foundethakis, ‘The Institution of Parliamentary Opposition’, in Harmossino
Aristovoulos Manessis, Constitutional Law and Philosophy of Law Studies, vol. II (Athens:
Ant. N. Sakkoulas, 1998), pp.509–26.
39. There are two types of investigation committees: ‘ordinary’ investigation committees that
deal with every matter except issues of foreign policy and national defence and the investi-
gation committees on issues of foreign policy and national defence.
40. Article 144 para.5 SO.
41. On this issue, see P. Foundethakis, ‘Committees of Investigation, According to art. 68 II of the
Greek Constitution’ Armenopoulos, 41/6 (1987), pp.641–50.
42. Plenary sessions of the parliament on 5 and 6 December 2001.
THE HELLENIC PARLIAMENT 105
43. Besides this, ten amendments followed 1987’s revision (9.1989, 7.1990, 5.1991, 3.1993,
11.1993, 2.1994, 6.1996, 4.1997, 12.1997, 10.2000). They were basically aimed at a slight
reinforcement of the rights of the minority, at the facilitating of technical issues, at the inte-
gration of European matters into the functioning of the parliament and at the reduction in the
time allowed for all those involved in the parliamentary procedure to speak.
44. Symbolically, the reinforcing of the role of MPs in relation to ministers was expressed in the
new provision of article 64 SO on the permanent committees, in which MPs have priority over
the list of speakers.
45. Given that all the chairs of the permanent committees belong to the governing party, the
over-representation of the majority is clear. Only in the Committee on European Affairs
(new article 32A SO) is one of the two deputy speakers from the official opposition and
the secretary is from the third most powerful parliamentary group.
46. Articles 134– 8 SO.
47. Provision was made for 80 scientific positions.
48. The period of government of A. Papandreou (1981–89 and 1993–96) was marked by frequent
cabinet re-shuffles. On the contrary, the period of government under K. Simitis (1996–2004)
was characterised by the longevity of the members of the cabinet.
49. In many cases, MPs prefer to leave their parliamentary seats to be elected as prefects or
mayors. There are also, on the contrary, many MPs who come from local government,
which constitutes an example of the power and the recognisability which facilitates their
election, bringing them into conflict with MPs of their own party.
50. M. Antonopoulos, Independent Regulatory Agencies (Athens: Ant. N. Sakkoulas 1993).
51. These are (a) the Personal Data Authority (article 9A C), (b) the National Radio and
Television Council (article 15 para.2 C), (c) the Authority for Confidential Communications
(article 19 para.2 C), (d) the Supreme Council for the Choice of Personnel (article 103 para.7
and 118 para.6), (f) the Ombudsman (article 103 para.9 C).
52. I. Kamtsidou, ‘The Principle of the Division of Power and the Independent Regulatory
Agencies’, To Syndagma, 25/3–4 (1999), pp.543–53.
53. For each case in which an MP differentiates himself from his party through a free vote we
cannot say that either one of the two principles predominates. This depends upon the issue.
It is then a political decision as to which principle is more appropriate. Overall, on the
interpretative principle of ‘Praktische Kondordanz’, see K. Hesse, Grundzüge des Verfas-
sungsrechts der Bundesrepublik Deutschland (Heidelberg: C.F. Müller, 20th edn. 1995), p.28.
54. It is indicative of the fact that no one mentioned, in the constitution revision debates, the
possibility of reducing the number of MPs. A reduction to 200 is allowed in the constitution,
article 51.
55. See I. Varvitsiotis, Parliamentary Immunities. Greek and European Practice (Athens: Ant.
N. Sakkoulas, 2000), p.20.
56. The most blatant recent examples were a car accident caused by an MP who was drunk, and
the beating up of a referee in a football stadium. In the second case, the MP was afterwards
made an under-secretary!
57. Compared to most countries of the EU, Greek MPs receive approximately one-third. Every
debate on increasing their salary is an occasion for the press and ‘public opinion’ to demon-
strate their populism and make further uncomplimentary comments, see V. Voloudakis,
Current Constitutional Issues, 1983– 1994, vol.II (Athens: Ant. N. Sakkoulas, 1994),
pp.93–4.
58. Article 29 para.2.
59. The proposal for control to be exercised by the Court of Auditors was not accepted.
60. E. Venizelos MP, The Parliamentary Session, 26 Sept. 2000, p.35.
61. In the transitional provisions of the Constitution, article 115 para.7 C, the position on pro-
fessional incompatibility which would have come into force by law no later than 1 January 2003.
62. Analytically, see Foundethakis, The Rights of Parliamentarians in the Greek Parliament,
pp.163 ff.
63. Article 66 para.1 for the plenum, amended article 66 para.3 C for the permanent parliamentary
committees. With this amendment, the publicity of the committee business, which is
106 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
supported by a provision of the SO, article 38 para.1 SO (25 Nov. 1993), is now based in the
constitution. Prior to 1993, the sessions of the committees were not made public.
64. In his proposal to the Revision Committee of the Revisionary Parliament, the General
Rapporteur of the majority recognised this new reality, referring to the safeguarding function
of the parliament to ensure transparency, E. Venizelos, Report (Athens: Hellenic Parliament,
2000), p.639.
65. Problems are created due to the difficulty of access to the minutes of the parliament prior
to 1998, and of all the publications, since their sale is not permitted by parliament or any
bookstore. It is also well known that very little use is made of the Internet in Greece; even
university libraries do not have the minutes of the revisions of the constitution after 1974.
Thus, due also to the difficulty of access to the actual functioning of parliament, studies
with publishable data are almost non-existent in the Greek literature.
The Spanish Parliament in a Triangular
Relationship, 1982–2000
The 1982 elections in Spain have generally been considered to be the moment
symbolising the end of a political transition. The socialist victory and the dis-
appearance of the attempted coup d’état revealed the solidity of the Spanish
political system, where it was possible to alternate between parties and the pol-
itical institutions could work in a normal manner.
During the transition, the Cortes was the centre of political life. As the only
institution legitimised by democratic vote, the parliament was responsible for
drawing up a constitution and the House was the meeting place for practically
the whole of the party elite to negotiate a consensual process leading to
democracy.
With the constitution in place and the consolidation of the normal political
game of competitive elections, the parliament soon stopped working in a con-
sensual manner.1 When the exceptional situation disappeared that had enabled
the important function of the parliament, it was limited to the role such houses
play in other parliamentary systems: a forum of debate with a capacity to inter-
vene in the decision-making process that depended on the relationship with the
executive.
At the same time, the strong decentralisation of the state with the conso-
lidation of the Autonomous Communities caused the appearance of new
power centres. The autonomous parliaments and governments (also local gov-
ernments) contributed to placing the parliament in a position of less hegemony
than in the initial stages of the system, through their ability to appeal to the
political elites and the creation of new elites, through the formation of specific
issues, their legal powers and human, economic and administrative resources.
On another level, the construction of the European Union was also a weaken-
ing factor for any old-fashioned conception of parliamentary sovereignty.2
The Cortes is thus one of many actors in a complex network where the
functions are defined politically and constitutionally by the existence of
other powers. In this sense, having overcome the exceptional nature of the
transition to democracy, the Spanish Parliament does not seem very different
from other parliaments in countries with a greater democratic tradition.
Beyond the particular features derived from the respective standing orders,
it is hardly surprising that the Spanish Parliament leans towards the European
108 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
model, where parliamentary action is directed from the government and con-
trolled by the majority. Its legislative influence is thus reduced and the parlia-
ment oscillates (depending on the political situation and issues under debate)
between approaching the idea of a mere rubber stamp or having a greater
ability to make changes. At the same time, the difficulty met by the opposition
in modifying bills decisively is compensated for by a strengthening of their
control and scrutiny activities.
A comparison between parliaments clearly defining the significant
variables would show the extent to which the Spanish Parliament is more or
less capable of influencing public policies than those of other countries.
However, in any case, the differences would be more quantitative than quali-
tative, and so the Spanish political evolution placed the Cortes in a similar
structural position and its analysis (the topical ‘parliamentary crisis’) would
not be different from that of other systems. In relation to Spain, there would
be no parliamentary specificity that could fit in the ‘post-transitional’ and/or
‘Southern Europe’ categories.
However, despite this general similarity, Spain is still different and consti-
tutes a case apart, because the end of the political transition (understood as the
institutionalisation of the rules, procedures and values of democracy) did not
bring about the definitive closing of one of its permanent historical conflicts.
The constitutional recognition of a certain pluri-national state character and
the adoption of federal-type mechanisms by the creation of the Autonomous
Communities eliminated neither the debate nor the tensions on the structure
of the state. Between 1982 and 2000 it is not possible to analyse outside
this profoundly conflictive axis, because it affects the whole structure of the
two houses and the kind of relations that are established in the houses
between the state political parties and the nationalist political parties.
In this way, the Spanish political system shares with other European gov-
ernments the fact that its parliament is generally controlled by the government,
but is exclusively characterised in the way that the parliament has to mediate
with nationalist minorities and with materially federal decentralised areas. If,
theoretically, federal type states have the Senate (Upper House) for this func-
tion, in Spain it is Congress (Lower House) where the nationalist parties are
essential for governing. Thus, the relations between government and parlia-
ment acquire tendencies that possibly are not found in other democracies.
Any description of the Cortes rapidly discards the Senate as a significant actor.
Within the general lack of empirical studies of the Spanish Parliament there is
complete absence of any important investigation of this house. This is proof of
the common conviction of its limited political functions. In fact the Senate
THE SPANISH PARLIAMENT 109
may not invest or censor the government and its legislative functions are
highly limited by brief times for debate and a final position that depends
entirely on the will of Congress.
This does not mean that the Senate has been unable to modify some laws
through amendments. No matter how forgotten and small this function might
be, there are no highly systematised data that indicate that negotiations
pending from the Lower House have been concluded in the Senate or, on
the other hand, that manoeuvres have been made to the benefit of the govern-
ment to restrict a greater debate such as that which takes place in the Congress.
This is a subject that would deserve a more detailed investigation to overcome
the commonplace view of the irrelevance of the Senate. It is not unthinkable to
show that, over the years, the parties (with highly disciplined parliamentary
groups in both houses) have progressively discovered the usefulness of the
Upper House for their parliamentary manoeuvres.3 This is a question that
cannot be dealt with here, although it is an interesting change in recent
legislatures.
The basic question is another: the Spanish Senate is dysfunctional in a
state which is materially federal in many respects but not in the characteristics
of its bicameralism because the electoral system and powers of the Upper
House are more related to the non-federal systems.
In fact, during the constitutive process, there was already the conviction
that the regulation of the Senate was unsatisfactory. The need for a compro-
mise between the right-wing parties (in favour of a more conservative
second House) and the left wing and the nationalist parties (with federalist pre-
tensions) led the Senate to be placed in a state of ‘stand-by’. It was to have a
mixed composition and most of the senators (four per province) would be
chosen via a corrected majority system, and the rest (approximately a fifth)
by the autonomous parliaments. As the House was not federal, it could not
have political powers that might be to the detriment of the more proportional
Congress.
This was the political compromise, also facilitated by the fact that in the
constitutive legislature neither the map nor the autonomous power was
clearly defined. However, from 1978, the solution adopted was severely criti-
cised both in academic terms (the whole of the constitutional doctrine) and by
the political leaders. As the autonomous system was generalised and consoli-
dated, there was a more obvious need to reform the Senate for the central and
autonomous elites, whether they were right or left wing or nationalists. There-
fore, in 1989, the Senate itself approved a first motion insisting on the need for
reform.
Nevertheless, there is a certain ‘sacralisation’ of the Spanish Constitution.
To reform the Senate means to modify a constitution drawn up in a consensual
manner and to reopen an issue where the conflict relations between the state
110 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
Focusing now on the Lower House, which, as pointed out, is the one with
greater decision-making powers, the working of the parliament cannot be
understood without bearing in mind that the period analysed corresponds to
a stage of profound restructuring of the party system.5 In fact, in 1982, the
Unión de Centro Democrático (UCD) (the party that had guided the political
transition) practically disappeared as a result of the divisions caused by
internal tensions, and was replaced in the government by the PSOE. Thus
started a stage of absolute majorities for the PSOE (Second, Third and
112 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
Fourth legislatures between 1982 and 1993) that oscillated between 202 repre-
sentatives and 175 in a house of 350 members, and fell electorally from 48 per
cent to 39 per cent. On the right, the UCD was replaced by the PP. Its results
left it far behind the PSOE (around 25 per cent of the votes) and with hardly
more than 100 representatives and, which is also important in considering its
parliamentary behaviour, a great weakness in its programmes that led it pro-
gressively to a reformulation, transforming its initial right-wing positions
into others of a more moderate kind.
It was not until the 1993 elections (beginning the Fifth legislature) that the
restructuring of the party system caused by the loss of the UCD was com-
pleted. The attempts of Adolfo Suárez to form a new party, the Centro Demo-
crático y Social (CDS) had failed and the changing of the old guard in the PP
(Fraga) for new generations (Aznar), together with more moderate political
pronouncements, allowed this party to compete successfully with the PSOE.
The period of weakness in the political representation of the right-wing elec-
torate had come to an end.
However, the 1993 elections were still won by the PSOE, but now without
an absolute majority. Felipe González formed a minority government to face
the fifth legislature6 supported by the nationalist parties and particularly the
Catalan group Convergència i Unió (CiU).7 This legislature was characterised
by tense political confrontation. The PP used serious cases of corruption and
dirty war against terrorism in a media, legal and parliamentary battle to dele-
gitimise the socialist government. An additional factor in this political tension
was the fact that the minority government was supported by the Catalan
nationalist party and, to a lesser extent, the Basque nationalists. A large part
of public opinion (encouraged by the rank and file of the PP) feared that
regional parties, under the appearance of contributing to the stability and
TABLE 1
ELECTORAL RESULTS AND COMPOSITION OF CONGRESS, 1982 – 2000
PP 26.2 107 26.1 105 25.6 107 34.8 141 38.8 156 44.5 183
UCD 7.1 11 – – – – – – – – – –
CDS 2.9 2 9.1 19 7.8 14 – – – – – –
PSOE 48.4 202 44.3 184 39.2 175 38.8 159 37.6 141 34.1 125
PCE/IU 4.1 4 4.6 7 8.9 17 9.6 18 10.5 21 5.4 8
CiU 3.7 12 5.0 18 5.0 18 4.9 17 4.6 16 4.2 15
PNV 1.9 8 1.5 5 1.2 5 1.2 5 1.2 5 1.5 7
CC – – – – – – 0.9 4 0.9 4 1.0 4
Others 5.7 4 9.4 12 12.3 14 9.8 6 6.4 7 9.3 8
TABLE 2
GOVERNMENTS IN SPAIN, CATALONIA AND BASQUE COUNTRY, 1979 – 2001
The fact that the Spanish Parliament cannot be understood without a general
view of the Autonomous Communities is not, however, an excuse to ignore an
analysis of the bilateral relations established between the central executive and
Congress. These relations allow us to consider the location of the parliament in
the well-known categories of ‘transformative legislatures’ or ‘arena’.13 In this
sense, the consolidation of the democracy and the end of the constituent leg-
islature led to the abandonment of the consensual orientation by the political
elites and a majority-type mechanism came into place where the government
controls parliamentary activity through its party. Therefore, the stages of
absolute majority are viewed as periods of parliamentary subordination,
whereas in periods of minority government the parliament would take on a
more important role.
However, the Fifth and Sixth legislatures display a double character. On the
one hand, the government is in a minority, which gives a greater chance for the
intervention of parliament. On the other hand, for the reasons mentioned above,
the government is assured of loyal support from the Catalan nationalist minority
(CiU) and Coalición Canaria (CC) (and the PNV too in the Fifth legislature);
therefore the government may act as though it had a parliamentary majority.
In fact, Table 3 shows how the government has constant control of the leg-
islative activity both in majority and minority legislatures. Therefore, the bills
submitted by the government become law (from the Second legislature) in
percentages of between 86 per cent and 89 per cent, except for the Fourth
legislature, where the percentage falls to 79 per cent. Therefore legislation
is essentially a governmental initiative.
It can also be seen that in the two minority legislatures, the First (UCD)
and the Fifth (PSOE) (but not the Sixth, PP), the percentage of bills from
the parliamentary groups increases compared to the other legislatures. In the
118 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
TABLE 3
LEGISLATIVE ACTIVITY, 1977 – 2000
Notes: The first percentage refers to the number of bills submitted, the second to the total passed.
Sources: Memorias de las Legislaturas, Congreso de los Diputados, Madrid.
period that concerns us, from 1993 to 1996, the parliamentary groups managed
to achieve approval of almost 17 per cent of their proposals as laws, a much
higher figure than that of the other sessions.
However, this is a very weak indicator for deducing a larger parliamentary
influence. The proposals of the groups are also rejected at times of minority
government, as in the Sixth legislature, when these figures fall to seven per
cent, and it does not seem that the percentage differences are so large
between legislatures as to turn them into a particularly explicative parameter.
Furthermore, the content of the proposals is usually of very little importance.
It seems more important to us to note what may be more significant, both
in terms of the content of the rules and the special relationship established
between the government and the parliament: the approval of the decree-laws.
The decree-law is emergency legislation, approved by the government,
and must be accepted (without alterations) or rejected by Congress. A weak
government could find great difficulty in achieving such acceptance, but this
THE SPANISH PARLIAMENT 119
is not the case. Table 3 shows that in the Fifth and Sixth legislatures the
number of accepted decree-laws rose. Both the PSOE, and much more so
the PP (85 decree-laws), have frequently made use of this emergency legis-
lation. The reason for this is that, as the government is in a minority,
decree-laws avoid the parliamentary discussion of ordinary laws. One more
thing, in the Spanish constitutional system, decree-laws (once accepted by
the Congress and therefore in force) may be discussed as bills on the
request of a parliamentary group, and on the acceptance of the house. Note
that in minority sessions over 75 per cent of these decree-laws were not
dealt with later as bills and that those that were discussed always received
the consent of the party in power for this new discussion.
The double character of the Fifth and Sixth sessions is therefore obvious.
As there is no majority, the government seeks to avoid the parliamentary
debate but, at the same time, is sure that it has the majority for its decree-
laws. They are neither rejected nor accepted and submitted to a further
debate. This leads to a rather surprising conclusion: it is not entirely true
that parliament has more chances to take part in minority sessions.14 Although
this is true in theory, the reality is that in these so-called legislatures of min-
ority the government had always been supported by some nationalist parties.
On the other hand, despite the opposition having more leeway in these
situations, the government has mechanisms to block and obstruct the parlia-
mentary intervention (by legislating through decree-law, for instance). There-
fore, contrary to the usual explanations, there is no definite evidence indicating
that legislatures of minority are correlated with a more powerful parliament.
It could in fact be exactly the contrary. A weak government in arithmetical
terms would compensate for its feebleness by reducing the participation of
the legislative power in policy-making.
Coming back to the empirical analysis, a great deal of data show that
legislative activity was relatively comfortable for the government. As
Table 3 shows, governmental legislative success15 has oscillated in all ses-
sions between 89 and 93 per cent, no matter whether the situation is one of
majority or minority.
Furthermore, as can be seen in Table 4, not all laws are rejected out of hand
by the opposition groups, which would be expressed as overall amendments.
Table 4 shows, for instance, that the PP has reduced the number of its overall
amendments and in the Fifth legislature (socialist minority and therefore with
a greater chance of success for the opposition) its overall amendments were
minimal. One reason for this is possibly the progressive moderation of this
party on its way to power, which would also be combined with the presen-
tation of moderate bills by the PSOE in compromise with the pivotal nationa-
list groups, which at no time could be understood as having formed part of the
opposition.16 However, beyond this explanation of party strategies, the most
120 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
TABLE 4
OVERALL AMENDMENTS BY PARTIES IN EACH LEGISLATURE, 1982 – 2000
AP/PP 71 46 51 21 0
PDP/DC – 17 – – –
UCD 14 – – – –
CDS 7 26 – – –
CiU 26 15 11 0 0
PNV 27 15 14 2 3
CC – – – 7 1
PSOE 0 0 0 0 43
PCE/IU 26 19 30 34 50
Sources: Author’s calculations from Diarios de Sesiones (1977–2000) and Memorias del
Congreso. (Partially published in J. Capo, ‘Oposición y minorı́as en las legislaturas
socialistas’, Revista Española de Investigaciones Sociológicas, 66 (1994), p.99).
TABLE 5
AVERAGE OF VOTES PER BILLS BY LEGISLATURES, 1977 – 2000
FIGURE 1
WEIGHTED CONSENSUS INDEX
part of the party’s programme was put off until the Seventh legislature when it
had a majority.
In other words, the fact that a government is in the minority does count,
but relatively because the government does not lose control of the legislation
(legislative initiative, emergency legislation, essential content and so on)
but simply has to seek procedures to permit it to avoid confrontation with
the opposition. A suitable interpretation of Spanish parliamentary activity
would be to say that when the government needed to (even in the Fifth and
Sixth legislatures), it was able to work as though it had a majority because
this was guaranteed by the nationalist parties; but the need grew to find parlia-
mentary agreement.
Unfortunately, little data are available to observe the forms of negotiation
between parliamentary groups. The Congress reports have only published the
result of the amendments in the Fifth legislature. According to this infor-
mation, nearly 25 per cent of the amendments were accepted and somewhat
more, 30 per cent, if the budgetary law is excluded. However, it must be
said that even in a minority situation the PSOE managed to approve 93 per
cent of the amendments it presented,20 whereas the other groups only
managed 11 per cent, even though these represented 40 per cent of the total
amendments accepted. There are data to indicate that CiU intervened in the
modification of the budgets in 1994 and 1995, whereas the other parties
failed to approve their amendments, but the budgets were hardly altered.21
TABLE 6
WEIGHTED CONSENSUS INDEX BY LEGISLATURES
Source: Author’s calculation (partially published in J. Capo, ‘Oposición y minorı́as en las legis-
latures socialistas’, Revista Española de Investigaciiones Sociológicas, 66 (1994), p.97).
THE SPANISH PARLIAMENT 123
The Spanish Parliament therefore transforms the texts presented by the
government, but it may be said that the government never loses control of
this transformation. In the context of high party discipline, the amendments
of the first party are negotiated and accepted by the executive and the amend-
ments of the opposition may be rejected with the support of the parliamentary
allies. In fact, the government has always been in a position to decide which
bills could be modified by the parliament and which, on the other hand, would
not be altered despite parliamentary debate.
And one thing more, laws are processed with relative speed. According to
our calculations, in the last two minority legislatures, from the time a bill was
presented for final approval by the two Houses, only six months passed in real
time (discounting the periods of parliamentary inactivity). This coincidence
between Fifth and Sixth legislature – in a very different political context
for the governments of PSOE or PP – indicates highly institutionalised proce-
dures for debate that have a relative autonomy of the external constraints.
In the description offered here we would insist that both majority and min-
ority governments control the legislative activity while assuring broad
majority support. How is this interpretation compatible with the opinion of
the Spanish political elites on the weakness of minority governments? In
this sense, a telling example would be that Felipe González failed to
manage to approve the budgets of 1996 due to the contrary vote of his ally
CiU, and had to call elections a few months later (although the dissolution
had already been announced).
The explanation lies more in the particular situation than a situation
applicable to all minority legislatures. In fact, the same kinds of problems
were not posed in the following legislature, when the PP did not have an
absolute majority either. In the Fifth legislature, the weakness of the govern-
ment was political and electoral. Serious cases of economic corruption and the
dirty war against ETA were being investigated by the press, the parliament and
the courts. In such a situation, CiU, with its electoral calculations, withdrew its
support for Felipe González even though it did agree with the economic
TABLE 7
PARTIAL AMENDMENTS, FIFTH LEGISLATURE (1993 – 96)
Total Passed %
orientation of the budget. But the debate and the battle to bring down the
government were occurring in another area. It was not in public policies or
legislation that the opposition made its criticism, but rather in the creation
of parliamentary committees of inquiry. The parliament was not belligerent
in defeating laws, but rather in the control mechanisms; the minority govern-
ment had a majority to legislate, but not to avoid being investigated when
public opinion had turned against it.
The committees of inquiry are just the tip of the iceberg, an extreme case of
general control activity that seems to be gaining more relevance. Over the
years, the Spanish Parliament has increased its rate of work. Although the
data are incomplete because they refer only to the last legislature, Table 8
shows the number of meetings and the time put in, to which it is necessary
to add the work performed by the many sub-committees and study committees
that are not mentioned here. All this would therefore seem to point to the exist-
ence of an active parliament, although public opinion seems to believe the
contrary.
In this context of increased performance, special attention must be
drawn to the spectacular growth in the activities of orientation and control.
Both the initiatives that take a position on an issue (proposals and motions)
and those that serve as scrutiny and control (interpellations, questions and
requests for reports) have taken on greater importance. The use of either
form has varied with legislatures, but the growth tendency is undoubted. At
the same time, the presence of the government and senior civil servants
before the House or the committees to give explanations is more and more
frequent.
In this way, the scrutiny function of parliament has been consolidated,
although it may not be said that this is due only to the fact that the government
TABLE 8
MEETINGS, SIXTH LEGISLATURE (1996 – 2000)
Meetings Hours
CONCLUSIONS
In the final analysis, the Spanish Parliament still seems dependent on guide-
lines and practices that were formulated during the period of political transition
and the difficulty of Senate reform is proof of this, as well as the fact that there
126 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
TABLE 9
CONTROL ACTIVITY BY LEGISLATURES, 1977 – 2000
has been no modification of the electoral law or the standing orders of Congress
that serves to give representatives greater autonomy with respect to their par-
liamentary groups or the party leaders. Thus, the parties are the true actors
structuring a parliament that was constitutionally designed to facilitate the
action of the government in situations of majority (obviously) and minority
and, at the same time, allow the opposition to enforce some control.
In this sense, parliament is not only the House echoing the government, but
a space that the government can control through its party with the essential
support of the nationalist groups, depending on the needs of the autonomous
governments. In this way, the House has been working essentially on a
majority basis which allows it to run regularly and produce an output in accord-
ance with the political drive of the government. However, at the same time, the
need for pacts to overcome minority situations, the possibility and practice of
alternation, the continuity in the democratisation process of a state that had not
concluded with the approval of the constitution, the importance of European
integration or devolution to regions also facilitates the existence of nego-
tiations and agreements within the limits set by the governing party.
THE SPANISH PARLIAMENT 127
Nevertheless, if the Senate has serious shortcomings in the federal con-
ception of a state, through Congress, the parliament manages to relate state
political dynamics to those of the autonomous parliaments directed by nationa-
list parties. The Congress is the House where nationalist peripheral parties
gain an asymmetrical power to that of other autonomous communities gov-
erned by state parties, though at the same time it is a centre of attraction
that influences parliamentary alliances in the communities governed by
these nationalist parties.
Therefore the parliament has been functional. It serves the government, the
nationalist minorities and the opposition. It has sufficiently flexible character-
istics not to be identified with a rubber stamp or a governmental roller.
However, at the same time, it is still dominated by the majority. It is not a
federal parliament. Congress, however, expresses the territorial asymmetry
of a state with significant nationalist parties in some autonomous communities.
The control mechanisms do not prevent the executive from running the agenda
and the public policies, but these, especially in exceptional situations, become
a useful tool of the opposition in the face of public opinion.
This functionality and flexibility were consciously sought in the prep-
aration of the constitution, and the continuity of the parliamentary procedures
in the brief history of Spanish democracy is hardly surprising. The constituents
wanted to create a parliament that would facilitate government, but which
would not have a marginal role in the political process. The constituent con-
sensus provided the parliament with an influx of many theoretical conceptions
on its powers and functions, creating an amalgam of all of them.23
Therefore, any category we use to sum up the Spanish Parliament must be
left wide open to include nuances. There are in fact several paradoxes. Its bica-
meralism must be defined as non-federal, but the complexity of the Auton-
omous Communities has been incorporated in Congress by the pivotal
presence of nationalist parties. At the same time, these parties by their
special pivotal position undermine the concept of legislatures of minority –
although this concept cannot be overlooked. The former leads onto the conse-
quence that the Cortes has usually been working as if there was a clear
majority for the government, but the latter reduces the typical explanatory
power of the theories of the declining power of parliament and of its
limited rubber-stamp position.
The Spanish Parliament is neither consensual nor majoritarian but it could
be understood as a negotiating House where a balance (sometimes unstable) is
reached between the strengths and weaknesses of the parties that run the Spanish
government and the Catalan and (to a less extent) Basque ones. The idea of a
negotiating parliament makes it possible to explain how government has a
majoritarian type of control over parliamentary work. This has been achieved
through the possibility of intervention from other parliamentary parties.
128 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
NOTES
1. J. Capo et al., ‘By Consociationalism to a Majoritarian Parliamentary System: The Rise and
Decline of the Spanish Cortes’, in U. Liebert and M. Cotta (eds.), Parliament and Democratic
Consolidation in Southern Europe (London: Pinter, 1990), pp.92–130. We do not insist now
in this article on aspects that were analysed 20 years ago.
2. M. Cienfuegos, ‘Las Cortes españolas ante la integración europea’, in C. Closa (ed.), La
europeización del sistema polı́tico español (Madrid: Istmo 2001), pp.197–221.
3. This does not mean that the formal model given by G. Tsebelis and J. Money, Bicameralism
(Cambridge: Cambridge University Press, 1997) was applicable to Spain. The weak
institutional force of the Senate and the fact that the parties unify the conduct of the parlia-
mentary groups in both houses mean that negotiation in Congress is not carried out thinking
of a possible different vote from that of the upper house.
4. On the Senate reform with a constitutional focus, VV.AA., Ante el futuro del Senado
(Barcelona: Institut d’Estudis Autonòmics, 1996); F. Pau (ed.), El Senado, cámara de repre-
sentación territorial (Madrid: Asociación Española de Letrados Parlamentarios y Tecnos,
1996); F.J. Visiedo, La reforma del Senado: territorialización del Senado; Comisión
General de las Comunidades Autónomas (Madrid: Senado, 1997).
5. J.J. Linz and J.R. Montero, ‘The Party Systems of Spain: Old Cleavages and New Challenges’,
Estudio/Working Paper, No.138 (Madrid: Centro de Estudios Avanzados del Instituto
Juan March de Estudios e Investigaciones, 1999), pp.1–121.
6. On the development of the Fifth legislature, E. Guerrero, Crisis y cambio en las relaciones
Parlamento-Gobierno (1993–1996) (Madrid: Tecnos, 2000).
7. J. Marcet and J. Argelaguet, ‘Nationalist Parties in Catalonia: Convergència Democràtica de
Catalunya and Esquerra Republicana’, pp.70–86, and B. Acha and S. Pérez-Nievas, ‘Moder-
ate Nationalist Parties in the Basque Country: Partido Nacionalista Vasco and Eusko
Alkartasuna’, pp.87–104, in L. de Winter and H. Türsan (eds.), Regionalist Parties in
Western Europe (London: Routledge/ECPR, 1998).
8. For the study of the parties that led to the formation of minority and non-coalition govern-
ments, both in 1993 and in 1996, J.M. Reniu, ‘Las teorı́as de las coaliciones polı́ticas
revisadas; la formación de gobiernos minoritarios en España, 1977–1996’ (Doctoral thesis,
University of Barcelona, 2001; forthcoming in CIS-Siglo XXI, 2002).
9. The party debate in C.R. Aguilera de Prat, ‘Los socialistas ante los pactos de gobernabilidad
de 1993 y 1996’, Revista de Estudios Polı́ticos, 111 (2001), pp.9– 43, and C.R. Aguilera de
Prat, ‘Convergència i Unió ante los pactos de gobernabilidad de 1993 y 1996’, Sistema,
165 (2001), pp.99– 129. For an analysis of the positions of the electorate, J. Capo, ‘El
bucle de la gobernabilidad: opinión pública y pactos en las elecciones de 1996’, in J. Matas
(ed.), Coaliciones polı́ticas y gobernabilidad (Barcelona: Institut de Ciències Polı́tiques i
Socials, 2000), pp.241–66.
10. 239 votes in favour, 2 against and 2 abstentions. J. Marcet, ‘Consenso y disensos de doce años
de ley electoral’, Revista de las Cortes Generales, 41 (1997), pp.201–15.
11. There is an abundance of academic literature on the Spanish electoral system. As it is
impossible to quote all quality works, we refer simply to two recent publications with
broad reference to the existing bibliography: J. Montabes (ed.), El sistema electoral a
debate. Veinte años de rendimientos del sistema electoral español (1977–1997) (Madrid:
Parlamento de Andalucı́a y Centro de Investigaciones Sociológicas, 1998), and J. Capo,
‘Sistema electoral y gobernabilidad española’, Revista Española de Ciencia Polı́tica, 1
(1999), pp.55–80
12. The minority CiU government is currently supported by the PP in the Catalan Parliament.
Coalición Canaria forms a government with the PP in its community. It is not hard to under-
stand that this relationship would change if the PSOE governed in Spain.
13. J. Blondel, Comparative Legislatures (Englewood Cliffs, NJ: Prentice-Hall, 1970); M. Mezey,
Comparative Legislatures (Durham, NC: Duke University Press, 1979); P. Norton (ed.),
Legislatures (New York: Oxford University Press, 1990); N. Polsby, ‘Legislatures’, in
Norton (ed.), Legislatures.
THE SPANISH PARLIAMENT 129
14. The explanation moves partly away from that proposed by L.M. Maurer, ‘Parliamentary
Influence in a New Democracy: The Spanish Congress’, Journal of Legislative Studies, 5/2
(1999), pp.24–45. On the basis of this discrepancy, the whole of this article reflects our differ-
ent interpretation about minority legislatures. However, it is worth stating a point that could
lead to confusion for anyone comparing the two articles. Maurer refers to the so-called
legislative-decree (decretos-legislativo), which is a decree that follows from parliamentary
delegated law. We refer to the decree-law (decreto-ley) that is a law elaborated by government
and accepted by Congress . The particular procedure of the decree-law indicates very well to
what extent the government may be considered weak or strong. For more details on these two
kinds of rules, see the Spanish Constitution, articles 82 to 86.
15. That is the sum of the government laws and decree-laws that were approved.
16. For a more systematic analysis of the data presented here see J. Capo, ‘Oposición y minorı́as
en las legislaturas socialistas’, Revista Española de Investigaciones Sociológicas, 66 (1994),
pp.91–113.
17. It must be remembered that these data only affect the bills that, in principle, are more signifi-
cant due to their content or the debate they cause. Approximately one-third of the bills are like
the Italian ‘leggine’ discussed exclusively in commission, and do not receive a total vote in the
plenary.
18. We have attempted a quantitative and qualitative approximation in J. Capo, La legislación
estatal en la España democrática. Una aproximación politológica (Madrid: Centro de
Estudios Constitucionales, 1990).
19. The meaning of this index is as follows: the more the result obtained surpasses the unit, the
greater the capacity to add votes of the opposition around the majority party. If, on the other
hand, the results should coincide with this unit, the governing party will only receive its own
votes. Finally, if the figure were under one, it would indicate that the majority group would not
even receive its own votes (for instance, the loss of dissident representatives).
20. Although many of these amendments are ‘transactional’, that is, they present a text negotiated
with the amendments of the remaining groups.
21. J. Calvet, Minority Governments and Parliamentary Agreements: The Case of Spain (Quebec:
Congress of the IPSA, 2000).
22. In the Sixth legislature (electoral continuity), 52 per cent of the representatives were new and
throughout the legislature over one-sixth of the representatives were replaced according to our
calculations. Therefore, there has been no change in the steps indicated by M.L. Morán, ‘Un
intento de análisis de la clase parlamentaria española: elementos de renovación y permanencia
(1977–1986)’, Revista Española de Investigaciones Sociológicas, 45 (1989), pp.61–84. See
also J. Linz et al., ‘Spanish Diputados: From the 1876 Restoration to Consolidated Democ-
racy’, in H. Best and M. Cotta (eds.), Parliamentary Representatives in Europe 1848–
2000. Legislative Recruitment and Careers in Eleven European Countries (Oxford: Oxford
University Press, 2000), pp.371–462. For the consequences on parliamentary work, see
Capo, La legislación estatal en la España democrática. Una aproximación politológica,
pp.113–27. One explanation of this strong renovation lies in the abundance of political
positions and posts in the senior administration offered by the highly decentralised Spanish
political system, which, combined with the routine and the party discipline of the parliamen-
tary work, leads representatives possibly to prefer the extra-parliamentary possibilities, and
the parties, when they decide to renew their electoral lists, might offer compensation to the
outgoing representatives.
23. J. Capo, La institucionalización de las Cortes Generales (Barcelona: Universidad de
Barcelona, 1983).
Parliament and Citizenship in Spain:
Twenty-Five Years of a Mismatch?
P A B L O O Ñ A T E
On 15 June 2002, Spain celebrated the twenty-fifth anniversary of the first free
elections representing the longest democratic period of Spanish political
history. These elections provided Spanish citizens with the opportunity to
choose their political candidates, thus putting an end to the former authoritar-
ian regime. The democratic political system is today fully consolidated and
has managed adequately to channel social interests and conflicts, catering
for varied political opinions and diverse regional differences, which is attested
by the fact that three major political options have succeeded each other in
government and parliament.
It is possible to state that the political system is now fully institutionalised
and has more than amply complied with its role of solving and managing
conflicts, contributing to the peaceful co-existence of Spanish citizens.1 The
institutional instruments afforded by the Spanish Constitution of 1978 have
created an efficient framework that even includes mechanisms for its own
reform, if it becomes necessary. Therefore, this is a good time to analyse
and take stock of the role played in this process by the Spanish Parliament
– Las Cortes Generales (divided into the Congreso de los Diputados, the
Lower House and the Senado, the Upper House), as the key institution of
the political system and the mainstay of the transition to democracy, consoli-
dation and institutionalisation processes. This analysis is thus carried out
considering the feelings, attitudes and opinions generated by its role while
acknowledging the criticism directed at this institution in recent decades.
Leaving aside the theories of the crisis or the decline of parliaments and
the restrictive paradigm 2 when studying this institution, it should be
considered a multi-functional and versatile institution that has faced deep
changes with great stability and has managed to adapt itself to these in a
very flexible manner.3 It does not come as a surprise that the adaptability
shown by parliaments has been described as an ‘all-purpose flexibility’4 and
that in spite of certain changes in their functions and the loss of their
traditional monopoly over some of them, it still remains the sole institution
vested with formal and popular legitimacy to carry out the functions assigned
PARLIAMENT AND CITIZENSHIP IN SPAIN 131
to it, wherefore it becomes an essential institution for modern political
systems.5 This is precisely the stance adopted in order to carry out our
analysis.
Considering the importance of subjective factors attached to the gener-
ation of support for this institution, in other words, how citizens perceive
the institution, its members and their activity,6 we shall focus on an analysis
of the characteristics that best describe MPs (a profile of parliamentarians),
and on the attitudes and opinions of the citizens with regard to the institution
and its members (the parliamentarians). Considering that under the Spanish
constitutional system the role of the Congreso de los Diputados outweighs
that played by the Senado, most of our discussion will refer solely to the
former, and it is not necessary to examine its organisation or operation here,
as these matters have already been dealt with in the contribution of Jordi
Capo. In any event, most of what will be said here about the Congreso de
los Diputados is applicable equally to the Senado.
The 25 years in which a democratic parliament has been in force in Spain
may be broken down for analytical purposes into three periods clearly delim-
ited by the results of the polls and the distribution of the seats in parliament.7
The first period commenced in the wake of the first democratic polls held in
1977, which opened the Constituent legislature, up to the exceptional elections
of 1982. In 1977 a moderate right-wing party (Unión de Centro Democrático,
UCD) held the barest majority thus requiring the support of other small parties
to approve acts and pass bills through parliament. The Spanish Socialist Party
(Partido Socialista Obrero Español, PSOE) led the opposition, holding almost
the same number of seats as the UCD, so that the political arena was in the
hands of small parties which acted as arbitrators. The 1979 elections, which
opened the First legislature, generated very similar results, although they
were not so highly competitive. The Spanish Parliament played a leading
role in transforming an autocratic regime into a democratic system. It was
here that the institutional design of the new democratic system was conceived
and propped up, while the representative institution provided a legitimate
framework for the rest of the political system. This brought parliament into
the limelight and its leading role is comparable to that observed in other par-
liaments involved in a similar process of transition to democracy.8 The main
parliamentary activity at that time – albeit not the only one – was the draft of
the constitutional text on a consensual basis, with the participation of almost
all political groups in a joint effort to create a document where nobody would
feel excluded and valid for every form of government.9 In view of the special
circumstances of the transitional period, the Spanish Parliament and in par-
ticular, the Congreso de los Diputados became the main and in fact almost
the only forum for political debate, agreement and decision, as it was the
only ‘place’ in which the leading politicians of the party were present and
132 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
met, as no other bodies or institutions had been created at that time. Due to all
the above, the Spanish Parliament acquired a leading role, acting as a provider
of support, vitality, presence and legitimacy which was irradiated to the rest of
the new political system10 which it would hardly enjoy again, due to the insti-
tutional design adopted.11
The second period is framed between the elections of 1982, which opened
the Second legislature, and 1993. Parliamentary action at that time is charac-
terised as being in a dormant or lethargic state arising from the absolute
majority of seats obtained by the Socialist Party (PSOE) at the elections
held in 1982, 1986 (Third legislature) and 1989 (Fourth legislature), as its par-
liamentary group imposed such a majority in all voting sessions of the House,
whereby it became subject to the decisions adopted by the government. The
opposition was in the midst of an internal leadership crisis that prevented it
from exercising effective control in order to provide a clear alternative govern-
ment. The House became a body charged primarily with the ratification and
ex post legitimacy of what had already been decided by the executive, and
at the same time new instances and representative forums appeared for the
representation of social interests that did not exist during the transition to
democracy. As a consequence of all this, the Spanish Parliament stepped
down from its leading role during the transition period and entered into a
quiescent parliamentary activity. Institutional normality brought about a para-
lysis of the dynamism that it had experienced some time before.
The third period is inaugurated by the general elections of 1993 (which
opened the Fifth legislature) leading to a series of parliamentary agreements
between the party in power and regional forces which provided the necessary
support for the passage of bills. At the same time, the main opposition party,
which had changed its name to Partido Popular (PP) – Aliansa Popular before
1989 – had closed the door on its internal conflicts and had become a clear
alternative to the existing government, with a more ambitious agenda and
developing an intense effort of opposition and control of the government in
parliament. The parliamentary arena was waking from its slumber of the
1980s, and was experiencing a new dynamism which was not interrupted in
spite of the PP winning the 1996 election, opening the Sixth legislature (it
also required the support of small regional parties to secure approval of its pro-
jects) and in spite of the ample majority of parliamentary seats obtained in the
election of 2000 (which opened the Seventh legislature); the PP preferred to
continue availing itself of the support of small regional parties during the
voting sessions although in terms of numbers it was not strictly necessary.
This situation has turned the parliament into a sounding board that presents
certain images to society, whereby this institution has regained some of
its former activity and presence which became very diffused during the
previous decade.12
PARLIAMENT AND CITIZENSHIP IN SPAIN 133
In the following we shall attempt to take into account this division into
three periods (intense activity and presence at the beginning, inactivity, and
then an awakening of parliamentary action, respectively), although our analy-
sis suffers from the lack of available data during the first period: the Centro de
Investigaciones Sociológicas (Spanish Institute of Sociological Research,
CIS) produced its first surveys only from 1982 onwards. Some data exist for
the earlier period, but there are no series that would allow for comparison
back to that moment. Firstly, we offer a social and political profile of MPs
of the Congreso de los Diputados in order to show evidence of the changes
and continuity detected in these 25 years of parliamentary activity, referring to
the personal circumstances of those involved (the MPs), and consequently of
the House. In the second section we shall discuss the opinions and attitudes
of the MPs towards the institution, their activity, their ties with their political
party and with other members of the House and with citizens. This will provide
us with the necessary information to know how MPs feel about the work they
carry out and their place of work. Finally, the last section deals with opinions
and attitudes of the electorate towards the parliamentary institution, the work
carried out there, its activities and players, and the importance they attach to
this assembly for the functioning of the democratic system, including their
feelings about how parliamentarians represent the interests of the citizens,
and so on. All the above allows us to provide an X-ray of the attitudes gener-
ated by the institution, in order to attempt a diagnosis which is provided in our
conclusions of what the key players feel and experience with respect to the
relations set up in these last 25 years of parliamentary activity.
TABLE 1
AGE OF SPANISH MPs BY LEGISLATURE (%)
Source: For 1977–96, P. Gangas, ‘Los diputados españoles: 1977–1996’, p.275. For 2000, Con-
greso de los Diputados, www.congreso.es. The figures represent a percentage considering
a total of 350 MPs that make up the Congreso de los Diputados.
136 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
TABLE 2
GROUPS WHOSE OPINION WEIGHS ON THE DECISIONS OF MPs (%)
TABLE 3
WEIGHT ATTACHED TO THE DIFFERENT ACTIVITIES
OF PARLIAMENTARY WORK (%)
TABLE 4
THE MOST APPEALING AND SATISFACTORY ACTIVITY FOR MPs IN THE COURSE
OF THEIR PARLIAMENTARY DUTIES (%)
From the very beginning of the current democratic period, most Spanish
citizens (85 per cent on an on-going basis) have considered that a democratic
system is preferable to any other system of government. These democratic
convictions lead us to believe that this parliamentary institution – where
political representatives chosen by citizens take their seats and which, in the
case of the Spanish parliamentary system, appoints the members of the main
constitutional bodies – should receive considerable attention and sympathy
from those very citizens. However, judging from the results of surveys,26
Spanish citizens to a considerable extent are not familiar with the parliamentary
institution, its functions, its players – the MPs – and the work carried out by
them. The data supporting this statement have remained stable since 1982.
The Congreso de los Diputados is the institution that selects the majority
of officers for the main constitutional bodies. Therefore it is not surprising that
a great majority (more than 78 per cent) of citizens consider that parliament is
very or quite important for the functioning of democracy,27 whereas only ten
per cent consider that it is hardly or not at all important; likewise, 75 per cent
of those polled consider that parliament is a necessary institution and only
seven per cent stated that it was unnecessary.28 In a similar vein, there are
PARLIAMENT AND CITIZENSHIP IN SPAIN 141
many more (twice as many) citizens who consider that the decisions adopted
by the Congreso de los Diputados have a great or considerable impact on them
(62 per cent) than those who seem to think it hardly affects them or not at all
(32 per cent).29 All the data summarised here show that this institution
receives a considerable degree of diffuse support from Spanish citizens,30
support which has hardly undergone any significant variation over time in
spite of the different political parties in power or changes in parliamentary
majority. As has been mentioned elsewhere, we therefore have a diffuse
support of a structural nature.31
But the position changes if we consider the opinions relating to the degree
of specific support which citizens attach to the parliamentary institution.32 The
first remarkable issue is that there is widespread ignorance as to the functions
vested in this institution, or of the name of the Speaker of the House (in spite of
being the third most important political officer of the country). Less than 40
per cent of people surveyed, regardless of the party they voted for, were
able to provide the name of the speaker of the Congreso de los Diputados
(who is also the speaker of parliament). This percentage plummets if we
take into account the number of citizens who are able to remember the
name of the candidate that headed the list of the political party they voted
for, regardless of whether he/she was finally elected or not (let alone the
results when the question referred to other electoral candidates occupying
lower positions in the blocked and closed list when running for elections).
A similar attitude may be inferred from the degree of interest shown by
Spanish citizens with regard to parliamentary activity: 60 per cent stated
that they were not at all or hardly interested in parliamentary debates and
only 30 to 45 per cent declared that they were greatly or somewhat interested.
A significant increase is noticeable over recent years (since 1996) in the pro-
portion who claim to be interested (a ten per cent increase approximately)
which coincides with Partido Popular winning the elections and the parlia-
mentary agreements with three other parties during the period of revitalisation
of the House which was mentioned at the beginning of this article. However,
there are still more citizens who have little or no interest in the work carried
out by their MPs than those who wish to be informed of their activities. Fur-
thermore, this high ratio of disinterest remains constant (hardly varying more
than four per cent) regardless of whether the person polled had voted for the
majority party of the House or the first opposition party. In any case, parlia-
mentary activity consistently merits less attention than that carried out by
the local council, the national or the regional government. In spite of the
fact that most senior officers of the country are appointed by the House, that
the National Budget is approved by the House and it exercises a direct or indir-
ect control over all political institutions (in political and economic terms),
most Spanish citizens consider that as an institution it has a diminished
142 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
power, rated below that held by the national government, banks, major com-
panies, multinationals, political parties and the judiciary.
This lack of interest and under-rating of parliamentary debate is in line
with the opinion held by most citizens as to the importance of the issues
discussed in the House: less than half of those surveyed (between 31 to 50
per cent, depending on the political situation at the time) consider that the
main issues of the country are discussed in parliament, while 32 to 49 per
cent of those polled consider that the House pays too much attention to unim-
portant matters. The changes in these figures do not seem to correlate with any
specific trends, significant circumstances or to a division in political periods.
Only 51 per cent of citizens consider that the debates held in the House have a
major or considerable impact on them, whereas 41 per cent of them consider
that the debates in which their MPs are involved have little or no effect on
them. There are as many citizens who consider that such discussions do not
affect them at all as those who consider that they have a considerable
impact on them (14 and 13 per cent respectively).
Citizens do not feel that their interests are either particularly represented or
defended by MPs: 60 per cent of citizens consider that MPs do not defend their
interests at all or hardly (15 per cent think that their interests are not
represented at all). Only 27 per cent think that MPs defend them to a consider-
able or sufficient extent and a mere 2.6 per cent feel that their interests are
effectively represented. These global figures, which remain stable over time,
are, however, subject to variation when considering if the person questioned
voted for the party which held the majority of seats in the House at that
time, with differences between replies of approximately 20 percentage
points. Those who consider that their interests are highly or sufficiently
represented by their MPs have never exceeded 50 per cent, not even among
those that voted for the leading party from time to time (and within the
group of those who voted for the majority party, only 40 per cent claimed
that their MPs represented to a great extent, or sufficiently, the interests of
their electorate).
On examination of the data obtained when the citizens are polled about
what they consider to be the main concern of their elected representatives,
the results are even more eloquent. As shown in Table 5, citizens consider
that MPs are more concerned (twice as concerned) about their own interests
or those of their party than those of the electorate or of Spain. There seems
to be a wide consensus among citizens that MPs are not primarily concerned
with the general good or the interests of those that voted for them, which
contrasts with the results obtained in the former section when we analysed
the main concerns stated by MPs in the course of their parliamentary work.
In view of these figures, it may be relevant to examine how Spanish
citizens grade the extent to which MPs take into account the opinions of
PARLIAMENT AND CITIZENSHIP IN SPAIN 143
TABLE 5
AREAS OF CONCERN OF SPANISH MPs ACCORDING
TO CITIZENS’ PERCEPTIONS (%)
different groups when they have to adopt a political decision in the course of
their parliamentary work. Considering the data collected in Table 6, it follows
that citizens do not consider that there is much responsiveness from their
parliamentary representatives. Citizens feel that neither their interests nor
their opinion is taken very much into account by MPs, who are much more
concerned with their own interests and opinions.
In light of the above data, it may be advanced that Spanish citizens are not
very satisfied with the political institution that allegedly represents their
interests and national sovereignty: they are hardly aware of its functions,
players, show little interest as to its activity (much less than in the case of
other institutions), in their opinion it does not hold much power, and the
debates conducted in the House are hardly relevant and have little impact
on them. They also consider that their interests are not the main concern of
their MPs and that their opinion as citizens and voters is hardly taken into
account in the parliamentary decision-making process.
TABLE 6
OPINIONS TAKEN INTO ACCOUNT BY MPs WHEN ADOPTING THEIR DECISIONS,
ACCORDING TO CITIZENS’ OPINION (%)
Source: Study 2,240 conducted in April 1997, Centro de Investigaciones Sociológicas. The ques-
tion is only posed to those persons who stated that they followed parliamentarian activity
with great or considerable interest (N ¼ 654).
144 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
The result of the evaluation of Spanish citizens as to the work carried out
by the parliamentary institution is far from positive. In fact it ranks behind the
work of their local council or the regional government, that of the national
government and their respective regional parliament. Only 27 per cent of
the citizens consider that the work carried out at the national parliament is
positive, while 42 per cent of them rated it as average and 14 per cent
considered it negative.33 The degree of satisfaction over the functioning of
parliament is low, as may be gathered from Table 7. Only in 1998 did half
the citizens polled declare themselves satisfied with its functioning. But the
previous surveys show a higher proportion of Spanish citizens dissatisfied
with how parliament works. The only exceptions to this are the 1995 and
1998 data, but there are no specific circumstances which may explain these
exceptions.
All the foregoing data lead to the conclusion that there is a mismatch between
the Spanish Congreso de los Diputados and Spanish citizens. Spaniards have a
very different perception from MPs about parliament and its actors’ work.
Spanish citizens do not show any real interest in what their representatives
do or in who they are; they do not feel very satisfied with the effective
running of their parliament, or with the way in which MPs perform their
duties, or with how the general interest (their interests as citizens) is rep-
resented in this institution, or the extent to which their opinions are taken
into account when making decisions. The figures verify that many of these
opinions persist over time and are widespread: they remain basically
unchanged regardless of changes in the current political situation, of the
party voted for by the citizens or the majority party. There are hardly any
TABLE 7
DEGREE OF SATISFACTION WITH HOW PARLIAMENT WORKS (%)
Very satisfied 2 2 1 2 2 1 4
Satisfied 34 41 30 47 42 28 54
Very satisfied þ Satisfied 36 43 31 49 44 29 58
Dissatisfied 33 33 47 29 37 44 24
Very dissatisfied 8 9 10 5 5 9 3
Dissatisfied þ Very dissatisfied 41 42 57 34 42 53 27
Source: Data from Centro de Investigaciones Sociológicas, Studies Nos 2,042, 2,076, 2,124,
2,201, 2,229, 2,240 and 2,286. The figure (N) refers generally to 2,500 cases except
1998 which was 5,000. The 1997 data refers only to the Congreso de los Diputados.
PARLIAMENT AND CITIZENSHIP IN SPAIN 145
significant changes to these negative perceptions of the institution that to a
great extent connects them with the state. The differences over time in the par-
liament’s composition, its functioning, dynamics and internal activities have
therefore had no effect on citizens’ perceptions, which remained stable
during the 1980s and 1990s.
On the other hand, it can be observed that the opinions of citizens hardly
match those put forward by MPs on the same issues. Their way of perceiving
the development of parliamentary work and their representative function is
altogether different, depending on whether the persons surveyed are citizens
or MPs. The responsiveness level of the former runs counter to the perception
of the latter.
Notwithstanding these views on the running of parliament, the activity of
MPs does not seem to be a major worry for Spanish citizens, judging from the
data examined this does not affect the level of diffuse support for the insti-
tution and the political system as a whole. A token of this high level of
diffuse support is the stability of electoral turnout in the different elections
held since 1977. This high and stable turnout ‘is generally considered to be
an eloquent indicator of a healthy democracy which reflects the trust placed
on the political system’.34 Besides this, the percentage of citizens who think
parliament is really important for democracy is quite high and stable.
It is now some years since Norton stressed the importance of analysing
parliamentary institutions within the context and political culture that sur-
rounds the institution.35 Those who have studied the political culture of
Spanish citizens generally agree that it runs on the lines of apathy, lack of
interest, a feeling of subjective inefficacy, democratic cynicism, and is unat-
tached to the political system, its institutions and authorities. Citizens are
not committed politically speaking (at least in the institutional arena) but
they do not reject the system: they still consider that a democratic system is
the only valid manner of organising political co-existence, the electoral
turnout is still quite large, and they still consider that parliament is a key insti-
tution acting as the cornerstone for the democratic system. The Spanish demo-
cratic system, its stability and legitimacy do not seem to be endangered.
These attitudes are not only found among Spanish citizens. They have
been detected in a considerable number of Western political systems in
which the principles and institutions of the democratic system enjoy a solid
support from citizens who are becoming increasingly more sophisticated
and are highly critical of its running and day-to-day results.36 In these
systems ‘a clear evidence of a widespread eroded support to politicians and
the functioning of democratic institutions . . . is detected. The lack of
confidence in the responsiveness of authorities has been relayed to them
and has spread to the institutions themselves’.37 A general decline in the
trust placed on political institutions of representative democracy is noticeable,
146 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
and this obviously also affects the parliament, but the Spanish Congreso de los
Diputados is the one parliament that has registered the lowest decline in con-
fidence placed in it (merely a percentage point in five years) of the different
parliaments considered (the decline on average for the period considered
has been 12 percentage points).38
When talking about the mismatch between the Spanish Parliament and
its MPs on one side, and its citizens on the other, we are, to a large extent,
identifying ‘unsatisfied democrats’ unhappy with the operation, efficacy or
performance of parliament, but who support democracy and the democratic
political system as the only system of government: more sophisticated, parti-
cipative and critical citizens who at the same time – and perhaps due to
these traits – are unsatisfied with the operation of the main institutions of
representative democracy. This does not necessarily mean that they should
be considered as a threat to the system, but on the contrary they may bring
about change and reform within these systems.39
Talking about the Spanish case, Linz pointed out,40 several years ago, that
a high degree of legitimacy is compatible with low levels of efficacy (or, as
Easton put it,41 a high level of diffuse support and a low level of specific
support), without posing a threat to or compromising the stability of the
system – at least in the short term. Perhaps all these attitudes should be exam-
ined as a consequence of the ‘cyclical fluctuations’ noted by Cotta42 with
respect to ‘representation’ and ‘decisionism’, which implies that in certain
situations citizens tend to participate intensely and become involved in politi-
cal issues, whereas at other times they turn their back on general issues, thus
exhibiting a highly ‘social and political privatism or individualism’,43 taking
refuge in an extreme interpretation of ‘the democracy of the Moderns’.44 In
any event, it is not irrelevant for the health of democratic systems that the
parliamentary institution is seen as a ‘house without windows’45 which is
operative from a political standpoint but which does not mean anything to
most citizens. We trust that precisely those citizens who are ‘unsatisfied
democrats’ act as a spur so that democratic systems and their representative
institutions become more receptive and tuned to citizenship, achieving an
effective integration of this institution into their daily lives.
NOTES
1. Obviously this is not the place to discuss the largely unresolved conflict of the Basque
Country. It is the only issue that the constitutional political system has not been able to
solve or channel adequately.
2. P. Norton, ‘Parliaments: A Framework for Analysis’, Western European Politics, 13/3 (1990),
pp.1–9. See, also S.C. Patterson and G.W. Copeland, ‘Parliaments in the Twenty-first
Century’, in G.W. Copeland and S.C. Patterson (eds.), Parliaments in the Modern World.
Changing Institutions (Ann-Arbor, MI: The University of Michigan Press, 1994), p.154.
PARLIAMENT AND CITIZENSHIP IN SPAIN 147
3. When making this assertion, we take into account the growth of the state apparatus, new con-
texts, new commitments under the responsibility of the state, new agents which perform
certain tasks formerly ascribed to parliament, evolution of political parties (mass, catch-all,
cartel parties), cultural change and a more sophisticated, unsatisfied and demanding citizen-
ship, the dismantling in part of the welfare state, integration on supranational political
instances, territorial decentralisation processes, and the like.
4. N.J. Polsby, ‘Legislatures’, in F.I. Greenstein and N.J. Polsby (eds.), Handbook of Political
Science, vol.5 (Addison-Wesley, 1975), p.297.
5. G. Loewenberg, ‘The Role of Parliament in Modern Political Systems’, in G. Loewenberg
(ed.), Modern Parliaments. Change or Decline? (Chicago, IL: Aldine Atherton, 1971),
pp.14 ff.; Polsby, ‘Legislatures’, pp.262 and 302; U. Liebert, ‘Parlamento y consolidación
democrática en el Sur de Europa’, Revista Española de Investigaciones Sociológicas, 42
(1988), pp.103 and 131; P. Norton, ‘Parliament in the United Kingdom: Balancing Effective-
ness and Consent?’, West European Politics, 13/3 (1990), p.29; P. Norton, ‘Introduction’,
Parliamentary Affairs, 50/3 (Special Issue on Western Legislatures), (1997), p.468;
G.W. Copeland and S.C. Patterson, ‘Changing an Institutionalized System’, in Copeland
and Patterson, Parliaments in the Modern World. Changing Institutions, p.160; J.R.
Montero, ‘Parlamento y opinión pública: las percepciones y los niveles de apoyo a las
Cortes Generales’, in A. Garrorena (ed.), El Parlamento y sus transformaciones actuales
(Madrid: Tecnos, 1990), p.102; J. Santamarı́a, ‘El papel del parlamento durante la consolida-
ción de la democracia y después’, Revista de Estudios Polı́ticos, 84 (1994), pp.18 ff.; P. Oñate,
‘Parlamento y crisis de la representación en España’, paper submitted to the IV Congreso de la
Asociación Española de Ciencia Polı́tica, Granada, 1999, p.22.
6. Liebert, ‘Parlamento y consolidación democrática en la Europa del Sur’, p.121; P. Norton,
‘Legislatures in Perspective’, West European Politics, 13/3 (1990), pp.146 and 147.
7. A. Martı́nez, I. Delgado and P. Oñate, Parlamento y opinión pública en España (Madrid:
Centro de Investigaciones Sociológicas, 1998), pp.11 ff.
8. Liebert, ‘Parlamento y consolidación democrática en la Europa del Sur’, p.94.
9. Discussed in P. Oñate, Ideologı́a y consenso en la transición polı́tica española (Madrid:
Centro de Estudios Constitucionales, 1998), where readers interested in this matter may
find more information.
10. J. Capo et al., ‘By Consociationalism to a Majoritarian Parliamentary System: The Rise and
Decline of the Spanish Cortes’, in U. Liebert and M. Cotta (eds.), Parliament and Democratic
Consolidation in Southern Europe: Greece, Italy, Portugal, Spain and Turkey (London: Pinter
Publishers, 1990), p.102. Regarding the exceptional role and functions played by the Spanish
Parliament under these political circumstances please refer to Santamarı́a, ‘El papel del Par-
lamento durante la consolidación de la democracia y después’, pp.12 ff.
11. This institutional design implied that parliamentary sovereignty was enthroned as a myth
almost from the very beginning of its democratic existence, in favour of a very strong execu-
tive, with the corresponding impact on the opinion of citizens as to the representative nature of
parliament and parliamentary representatives (U. Liebert, ‘Parliament as a Central Site in
Democratic Consolidation: A Preliminary Exploration’, in Liebert and Cotta (eds.), Parliament
in Democratic Consolidation in Southern Europe: Greece, Italy, Portugal, Spain and Turkey,
p.10). These underpinnings consisted of an electoral system clearly based on majority, a
constructive no-confidence vote similar to that established in the Basic Law of Bonn, the
requirement of simple majority to win a no-confidence motion, the appointment of ministers
by the president of the government, limitations to the creation and operation of parliamentary
groups, a reinforced position of the speaker in directing parliamentary work, the possibility of
passing legislation by the executive using the system of decree-laws, and so on.
12. Such was the case of Scandinavian parliaments at the end of the 1980s: the reactivation and
revitalisation of parliamentary activity in these countries on all fronts during the decade of the
1980s is closely related to the minority condition which the governments of those three
countries experienced in that decade and especially in the 1990s, and with the guidelines of
co-operation and competition which were established between the different political parties
as a consequence of this situation. In this sense, please refer to E. Damgaard, ‘The Strong
148 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
İ L T E R T U R A N
More than a decade later we are faced with the same question, only implied in
Kalaycıoğlu’s article: Can a parliament become highly institutionalised in
what otherwise is an unstable political environment? Can it serve as an
agent of democratic consolidation? Or, to repeat Di Palma’s question: Can
it reproduce democratic consent though it has not been a part of the initial
design? While the immediate temptation is to say no, more careful analysis
may reveal that there are ways in which the presence and the functioning of
a parliament in a competitive political system may enhance the consolidation
of democracy and that a certain amount of institutionalisation is possible even
under conditions of flux.
In this context, Turkey certainly constitutes an appropriate case to study.
Firstly, the Turkish political parties have been in flux since the early 1970s.
This has produced a party system which is hardly characterised by its stability.
There are no indications that this tendency has been tempered. Second, the
relationship between political parties and their parliamentary extensions
does not allow the legislature to acquire an autonomous personality of its
own, making it vulnerable to the volatility experienced in other parts of the
political system. Third, state elites, comprising the armed forces amongst
others, have staged interventions and devised constitutional systems which
have modified, constrained, limited and reshaped the power of the legislative
institution and its exercise. Nevertheless, one cannot escape the impression, to
be substantiated later, that the TGNA has been an agent of democratic conso-
lidation and has itself become more institutionalised over time.
HISTORICAL-POLITICAL BACKGROUND
both instances the military leaders have not only appointed constituent (1960)
and consultative (1980) assemblies very quickly, but have legitimised their
intervention by promising at the outset and then restoring competitive politics
after coping with the national emergencies that they had said were the reasons
behind their intervention in national politics. Failure to keep their promise
would have seriously undermined their own credibility and popular esteem.
The parliamentary system as established by the constitution of 1924 con-
tained no effective checks and balances against the government and the parlia-
mentary majority whose confidence it enjoyed. The multi-member district and
the ‘winner-takes-all’ electoral system taken together, on the other hand, pro-
duced parliaments in which the electoral majority was much over-represented
and seen as being insensitive to the concerns of those in the minority. The con-
stitutions of 1960 and 1982 introduced checks on the powers of the govern-
ment and the parliament while modifying the electoral system. The
constraints placed on the power of the parliament are discussed later. With
regard to the electoral system, while the multi-member districts have been
retained throughout, proportional representation replaced majority represen-
tation as its guiding principle after 1961. In 1982, a national electoral
threshold of ten per cent and a district threshold were introduced, barring
parties that failed to achieve them from placing representatives in the parlia-
ment nationally and from the district. The district threshold was ruled uncon-
stitutional in 1995 as undermining the representativeness of those elected.
Otherwise, although the details of electoral laws have been changed at
almost every election since 1961, the basic features of the electoral system
have remained the same.
Table 1 displays with unmistakable clarity the trends that have character-
ised the post-1983 period. The number of parties participating in elections has
risen steadily. The vote has become increasingly dispersed, as indicated by the
index of fractionalisation. The vote percentage of the largest party has gone
down from 45 per cent to nearly 20 per cent and the number of parties in
the legislature has gone up. What the table does not show is the volatility of
the vote.6 Votes during the past 15 years have shown significant fluidity
between parties, and the electoral fortunes of parties have gone up and
156 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
TABLE 1
ELECTIONS AND PARTIES DURING THE POST-1983 PERIOD
Notes: Fractionalisation index comes from D. Rae, The Political Consequences of Electoral
Laws (New Haven, CT: Yale University Press, 1967), p.56. The index is one minus
the sum total of the squares of the percentages of the vote each party has obtained in
the election expressed as a decimal fraction.
Motherland Party allowed the candidates of the Grand Unity Party to run on its ticket in
anticipation that the distortions in the electoral laws would bring in additional deputies to
the MP itself. The GUP deputies left to form their own parliamentary party once they
were elected. Parentheses are used to indicate the real number of parties.
Source: Calculated from information contained in I. Ezherli, Türkiye Büyük Millet Meclisi (1920–
1998) ve Osmanli Meclisi Mebusani (1877– 1920) (Ankara: Türkiye Büyük Millet
Meclisi, 1998), pp.106–10, except for the elections of 1999 calculated with figures
obtained from other souces.
down.7 Some have come dangerously close to failing to achieve the national
threshold of ten per cent that is required for any deputy to win a seat.
Turning our attention to the parties themselves, it may be observed that,
increasingly, the Turkish political parties have become small, narrowly
based organisations with weakening links to society over time.8 The tendency
of the parties to fragment into small organisations is attributable to a number
of factors. Firstly, the military government of 1980 –83 closed all existing pol-
itical parties in order to build an entirely new party system. As civilian politics
were restored, parties other than those initially allowed by the military came
into being, many of them claiming to represent pre-1980 parties. On occasion,
more than one party claimed the same pre-existing heritage. These conditions
were highly conducive to the erosion of party identification among the electo-
rate.9 Thus, when the post-1983 parties and those claiming to represent an
earlier heritage all came to compete in the political arena, a system of many
parties evolved, each getting a small portion of the vote. The voters, generally
possessing a moderate and pragmatic political orientation,10 are baffled with
such an array of choices and do not force the consolidation of parties.
Rather, they shift their vote between this or that party, depending on a
variety of factors.
Second, the small size of the parliamentary party groups generates a neces-
sity to form coalition governments in which small parties get the opportunity
THE TURKISH GRAND NATIONAL ASSEMBLY 157
to wield more power than their electoral achievements would indicate. The
possibility of becoming a coalition partner serves as a disincentive for small
parties to unite. Third, parties serve mainly as networks for patronage, that
is, the distribution of public resources to active party supporters.11 Patronage
is better distributed in small networks. In fact, larger parties have had more
difficulty in meeting the demands of their constituents and have experienced
centrifugal pressures since catering to the demands of some, creating jealousy
in others. Fourth, small parties, lacking strong organisation, have come to rely
more and more on the personality of the party leader as a way of advancing the
party’s public appeal. As the importance of the leader’s personality has
increased in politics12 it has become more difficult for parties to unite with
other parties possessing similar orientations, since each leader develops
particular interests in the perpetuation of his/her own position.
Fifth, the government extends financial support to political parties that are
able to form groups in parliament that have at least 20 deputies. This gives
small parties the means to survive with their own resources, reducing their
desire to become incorporated into bigger units. Sixth and last, the growth
in the number of political parties in parliament does reflect the increasing
differentiation in Turkish society in terms of both economic interests and
ways of looking at the world. As new constituencies have begun to take
shape or become stronger they have found it more attractive to organise sep-
arately rather than join an existing party since coalition politics often serves to
increase the marginal importance and therefore the power position of small
parties, because often a parliamentary majority cannot be mustered without
obtaining their support. This gives small parties considerable leverage in
advancing their interests and this would most likely be reduced were they to
become part of a larger organisation.
Turkish political parties are not mass organisations with large member-
ships. For example, they do not have reliable membership rosters and keep
little record of those who have paid their dues. They try to compensate for
the absence of reliable organisational links with the masses by trying to
reach the voter through the appeal of the party leader.13 This makes for
strong, authoritarian and oligarchical leadership. The party leaders possess
critical instruments through which they can impose their will on the party’s
deputies in parliament. They can initiate disciplinary action against any
member who makes critical remarks about them. They can stop the deputy
serving on committees, speaking on the floor on behalf of the party, serving
their constituency if the party is in government; and, ultimately, becoming
a candidate with some chance of winning at the next elections.14 On
this last point, it should be noted that the possibility of holding a primary
election for candidate designation exists but has not been used in recent
elections.
158 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
The growing number of parties, the wide dispersal of the vote among them, the
volatility of the vote, the ensuing high turnover rate of deputies (Table 2), the
emphasis on patronage, the weak organisational links of parties to society and
the oligarchical leadership of parties all carry implications as to what happens
in the TGNA, how deputies behave, how parties interact with each other, how
the legislature performs its duties and whether it advances in the direction of
further institutionalisation.
Parties in Parliament: Impediments to Institutionalisation
The fragmentation of the party system and the volatility of the vote make
parliamentary parties rather unstable organisations in the long term. This
TABLE 2
TURNOVER RATES OF DEPUTIES
Note: The rates are calculated on the basis of whether a deputy was re-elected for the succeeding
term. Some, in fact, may have served in the TGNA during earlier terms, classified as
‘freshman’ in the table.
Source: İ. Turan, ‘Parlamentolarin Etkinliği ve Türkiye Büyük Millet Meclisi’, in İ. Turan (ed.),
TBMM’nin Etkinliği (Istanbul: TESEV, 2000), p.26.
THE TURKISH GRAND NATIONAL ASSEMBLY 159
instability is further exacerbated by the fact that deputies change parties.16
They need to retain their cohesion internally, keeping their deputies from
switching to other parties. They need to keep the loyalties of their voters
since a small decline in voter support may further reduce their share of
seats in the TGNA, sometimes bringing them close to dropping below the
national threshold of ten per cent. The imperatives of such a situation
dictate parliamentary strategies that include somewhat overtly hostile
relations with rival parties even when they may be partners in the same
coalition. In this way, group cohesion may be maintained while the voters
are sent signals to distinguish between what looks like a set of similar parties.
Relations between parties are further undermined by the fact that parties
are patronage networks. When in government as coalition partners, each quar-
rels with its partners regarding who should get how much of what. When in
opposition, they work hard to bring the government down so that they can
have a chance to get into the seats of power once again.
What does this all mean in terms of what happens in parliament? Under-
standably, relations between parties, even between those who may be partners
in a coalition, are characterised by a lack of trust. This can turn into active hos-
tility between the government and the opposition during the heat of parliamen-
tary debate, sometimes producing ‘unruly’ behaviour,17 with possibly sad
consequences. In 2001, for example, an opposition deputy died of a heart
attack on the floor during a push-and-shove match that had ensued in the
course of debate. The high incidence of unruly behaviour slows down the pro-
ceedings of the legislature and serves to undermine its public standing.
The lack of ability to dispense public resources as patronage poses a
serious challenge to parties in opposition since their networks of political
brokers can be tempted to switch sides to the holders of power. For such
reasons, much opposition energy is devoted to finding ways to undermine
the existing government: encouraging disharmony within it, standing in the
way of its getting anything done by paralysing the functioning of the parlia-
ment, inviting government deputies to leave their party in return for rewards
and persistently challenging the legitimacy of the government. In this struggle,
parliamentary procedures and instruments are used for purposes other than
those for which they were intended. An example is the use of motions of
censure (interpellations) and the motions to launch legislative investigations.
These instruments are the strongest means available to the parliament to exer-
cise oversight on the executive. A legislative investigation constitutes the first
step of an impeachment proceeding, therefore requiring reasonably convin-
cing indication of wrongdoing. A motion of censure, on the other hand,
again requires clear indication of wrongdoing, failure or inability to rule.
Such motions should be used only on rare occasions. Yet, as can be seen
from Table 3, these instruments have been used frequently, especially
160 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
TABLE 3
OVERSIGHT ACTIVITIES IN THE TGNA
Note: The numbers in parentheses are the number of motions that have been carried.
Source: The information has been kindly provided by Dr Şeref İba, Deputy Director, Department
of Laws and Resolutions of the TGNA.
TABLE 4
TYPES OF BILLS AND THEIR ENACTMENT
Government
Proposed 320 369 601 609 657
Enacted 259 259 290 216 358
Private members
Proposed 485 590 1591 1365 874
Enacted 130 100 156 143 67
Decree laws
Total 211 275 301 272 291
Enacted 65 77 35 6 19
Defeated 2 1 – – –
Source: The data has been kindly provided by Dr Şeref İba, Deputy Director, Department of Laws
and Resolutions, TGNA.
166 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
Rules of Procedure
The prevalence of party as the basic unit of parliamentary life has rendered the
parliament subject to the general state of relations between political parties.
The proclivity of political parties to have uneasy relations with each other
has rendered it difficult for the legislature as a whole to deal successfully
with generating a set of rules of procedure with which all participants in the
legislative process are content. As already recounted, it has been difficult
to change the RP. Change, so far, has meant the adoption of amendments
without securing the consent of the opposition.
The inability of the TGNA to develop a satisfactory set of RP derives from
two fundamental factors. The first is the expectation that to devise an entirely
168 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
new set of rules, understandable in view of the fact that the constitution has
been changed wholesale by military interventions, will set the style for whole-
sale changes in the RP. Yet the preparation of an entirely new document has
proved impossible so far, creating a situation in which rules that everybody
views as temporary are being used. The achievement of some changes in
1996, even if driven only by the government parties, has shown that incremen-
tal change is possible, giving, by default, a more established quality to the
existing RP. The second problem standing in the way of developing new
RP is the inability of government and opposition parties to think in long-
term frameworks and their resultant inclination to opt for solutions serving
their immediate interests. A change in this approach will have to await the
evolution of greater stability in the party system.
Staff Support
The TGNA employs 4,500 people in various capacities. The number in itself
is impressive, and may suggest that the Turkish legislature is a rather well
staffed institution. Recently, the number of personnel has come under
severe criticism since many state establishments have had to reduce their
personnel, but not the legislature. In view of the potential for unfavourable
commentary, the personnel office of the TGNA is reluctant to divulge infor-
mation. However, discussions with staff in the TGNA reveal that in terms
of legislative services the Assembly is in fact understaffed. For example,
800 people work in Istanbul in the National Palaces division. Another 500
are workers in Yıldız Porcelain Works, a tradition inherited from the
empire.31 Similarly, 500 people work at the housing facilities for deputies.
Another 500 work on the premises as gardeners, janitors, cooks, waiters and
in other similar service jobs. Each deputy gets one secretary and one
advisor. Advisor, it turns out, is a statement of intention only. ‘Advisors’
usually run errands for the deputy. Most are high school graduates and do
not possess any particular skills. Advisors and secretaries of deputies total
1,100. The remainder of 1,000 includes all officers, secretaries, a variety of
experts, librarians and administrators, a figure hardly sufficient to meet the
staffing needs of a large legislature.32
TABLE 5
PRESIDENTIAL VETOES OF LAWS
At the beginning of this article, two questions were raised: Can a parliament
become highly institutionalised in what otherwise is an unstable political
environment? And can it serve as an agent of democratic consolidation
under those circumstances? The preceding discussion has shown that institu-
tionalisation of the TGNA has been negatively affected by the unstable politi-
cal environment and it can continue to be characterised in some ways as still
‘nascent’. The most significant indicator of the fragility of the current state of
institutionalisation may be the inability of the TGNA to rewrite its RP, which
all deputies, parliamentary parties and the interested public seem to agree is
needed. What stands in the way? Two problems have been identified in the
discussion. First, expectation that the change needs to be wholesale and,
second, the inability of the parliamentary actors to think long-term.
The desire to rewrite the RP wholesale derives from the fact that those cur-
rently in force are out-dated, not in conformity with the current consti-
tution and imposed on the legislature by a parliamentary majority which,
not surprisingly, accords a privileged position to the government. The
reasons for desiring wholesale change are understandable, but to expect a
highly fragmented legislature that has failed to work together on other
matters to free itself from the effects of being divided on matters relating to
THE TURKISH GRAND NATIONAL ASSEMBLY 173
the institution is unrealistic. The other problem – the inclination to think only
in the short term – derives from conditions of flux and fragmentation, where
small parties, especially those in the opposition, dare not risk making changes
in the rules unless those changes improve their own political positions, an
outcome which they correctly judge to be highly unlikely.
Are we then to conclude that very little institutionalisation has taken place
in the Turkish legislature, and that, if the current conditions continue to
prevail, not much more is likely to occur in the future? Let us begin our evalu-
ation by noting that the RP have now been in force since 1973, almost 30
years. While all may complain about their insufficiencies, the TGNA has in
fact been able to conduct its business under them. The rules have undergone
revisions in 1996 and 2001. As the need arises, it is likely that further incre-
mental revisions will be made rather than wholesale changes. My personal
observation is that expressions of discontent contain a significant ritualistic
aspect. The RP have been in operation for a relatively long time, their pro-
visions are relatively well known and observed in practice. That surely reflects
some level of institutionalisation. Furthermore, our measure of institutionali-
sation should not be limited to one indicator, the RP. For example, it is not
difficult to observe that even phenomena such as unruly behaviour are to a
large extent patterned and routinised. To interpret them as indicating the
absence of institutionalisation may not be wholly accurate. What we encoun-
ter, to a large extent, is ritualised behaviour of a highly predictable kind.
The TGNA has a committee system that has not undergone major changes
over the years. The system processes legislation with reasonable speed. Gov-
ernments feel obliged to operate within the prescribed set of laws and pro-
cedures in matters involving the legislature. The experience of post-1999
government has shown that, if coalition partners agree on questions of
policy, the legislature is capable of producing legislation, including a substan-
tial number of changes in the constitution. Taken together, these observations
lead us to conclude that the TGNA has advanced along further institutionali-
sation during the past two decades.
What then, about democratic consolidation? For almost two decades now,
Turkey has been functioning without the imminent probability of a military
intervention. This is not to say that the military as a political force has
receded totally from the political scene or that it does not, on occasion,
express strong political preferences. Rather, in part by accommodating the
military, in part by generating its own capabilities to address major political
problems including bringing about major constitutional changes, and in part
by the presence of an international environment supportive of democratic
evolution, the democratic regime, including its legislative arm, has become
further consolidated. All political actors recognise that they have to work
through a political system in which the parliament is one of the key institutions
174 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
NOTES
1. U. Liebert and M. Cotta (eds.), Parliament and Democratic Consolidation in Europe: Greece,
Italy, Portugal, Spain and Turkey (London: Pinter, 1990).
2. U. Liebert, ‘Parliament as a Central Site in Democratic Consolidation’, in Liebert and Cotta
(eds.), Parliament and Democratic Consolidation in Europe, p.14.
3. G. Di Palma, ‘Parliaments, Consolidation, Institutionalization: A Minimalist View’, in
Liebert and Cotta (eds.), Parliament and Democratic Consolidation in Europe, p.45.
4. U. Liebert, ‘Parliaments in the Consolidation of Democracy – A Comparative Assessment of
Southern European Experiences’, in Liebert and Cotta (eds.), Parliament and Democratic
Consolidation in Europe, p.271. G. Pridham makes similar observations in ‘Political
Parties, Parliaments and Democratic Consolidation in Southern Europe: Empirical and Theor-
etical Perspectives’, also in Liebert and Cotta (eds.), Parliament and Democratic Consolida-
tion in Europe, p.229. Liebert and Pridham rely mostly on E. Kalaycıoğlu’s contribution to the
same volume, ‘Cyclical Breakdown, Redesign and Nascent Institutionalization: The Turkish
Grand National Assembly’, in Liebert and Cotta (eds.), Parliament and Democratic Consoli-
dation in Europe, pp.184–222.
5. Kalaycıoğlu, ‘Cyclical Breakdown, Redesign and Nascent Institutionalization: The Turkish
Grand National Assembly’, pp.184–222.
6. A. Çarkoğlu, T. Erdem and M. Kabasakal have calculated that between 1954 and 1999, an
average of 21 per cent of the voters changed their party preference, ‘Türkiye’de Yeni Bir
Parti Sistemine Doğru: Siyasi Partiler Kanunu, Parti Örgütleri ve Parti İçi Demokrasiden Bek-
lentiler’, in A. Çarkoğlu (ed.), Siyasi Partilerde Reform (İstanbul: TESEV, 2000), p.41.
7. E. Özbudun, in his Contemporary Turkish Politics: Challenges to Democratic Consolidation
(Boulder, CO: Lynne Rienner, 2000), p.149, calls this development the ‘deinstitutionalization
of the party system’. He also argues that there is a growing disillusionment with parties among
the voters, working against party identification, p.79.
8. Özbudun, Contemporary Turkish Politics: Challenges to Democratic Consolidation, p.27,
adds that the military rulers of the 1980–83 period, using the constitution and laws, tried
to ‘demobilize the working class and depoliticize society at large’. The weakness of party–
society links should therefore not be surprising.
9. A. Çarkoğlu, ‘Macro-Economic Determinants of Electoral Support for Incumbents in Turkey:
1950–1995’, New Perspectives on Turkey, 17 (1997), p.77.
10. E. Kalaycıoğlu. ‘Elections and Party Preferences in Turkey’, Comparative Political Studies,
27/3 (1994), p.402.
11. The point is frequently made by observers of Turkish politics, for recent observations, cf.
M. Heper and F. Keyman, ‘Double Faced State: Political Patronage and Consolidation of
Democracy in Turkey’, in Sylvia Kedourie (ed.), Turkey Before and After Ataturk
(London: Frank Cass, 1999), pp.252 and 268; T. Demirel, ‘Turkey’s Troubled Democracy:
Bringing the Socio-Economic Factors Back In’, New Perspectives on Turkey, 24 (2001),
p.126; Çarkoğlu, Siyasi Partilerde Reform, p.55.
THE TURKISH GRAND NATIONAL ASSEMBLY 175
12. Özbudun, Contemporary Turkish Politics: Challenges to Democratic Consolidation, p.86,
calls the same phenomenon ‘personalism’, and holds it responsible for producing more
than one party on each side of the political spectrum.
13. The mechanism of how organisation is developed under the control of the party leadership is
described in S. Tuncay, Parti İçi Demokrasi ve Türkiye (Ankara: Gündoğan, 1996), p.173.
14. While these practices have been extensively used during recent years, they are by no means
products of the post-1983 period. In an earlier article, Özbudun notes that deputies are ‘highly
dependent and docile’ in view of the fact that party leaders control nominations and patronage,
adding that this derives from the political culture and historical traditions. E. Özbudun,
‘Turkey: How Far From Consolidation’, Journal of Democracy, 7/3 (1996), p.137.
15. Çarkoğlu makes a similar observation, Siyasi Partilerde Reform, pp.109–10.
16. For an evaluation of the consequences of party changing, see I. Turan, ‘Changing Horses in
Midstream: Party Changers in the Turkish Grand National Assembly, Legislative Studies
Quarterly (1984), pp.21–34.
17. Kalaycıoğlu, ‘Cyclical Breakdown, Redesign and Nascent Institutionalization: The Turkish
Grand National Assembly’, p.192. More examples and explanation are offered in a later
section entitled ‘Deputies: Survival Takes Precedence Over All’.
18. E. Kalaycıoğlu, ‘Türkiye’de Politik Rejimin Evrimi ve Yasama Sistemi’, in E. Kalaycıoğlu
and A.Y. Saribay (eds.), Türkiye’de Politik Değişim ve Modernleşme (İstanbul: Alfa,
2000), p.277. See also Kalaycıoğlu, ‘Cyclical Breakdown, Redesign and Nascent Institutiona-
lization: The Turkish Grand National Assembly’, pp.192– 3.
19. TBMM Kararları, No.24, 16 May 1996.
20. Y. Esmer, reporting on public opinion surveys, notes that between 1990 and 1997 the only
institution to suffer a decline in positive evaluation by the public was the TGNA, the percen-
tage slipping from 58 per cent to 52 per cent. See Devrim, Evrim, Statüko: Türkiye’de Sosyal,
Siyasal ve Ekonomik Değerler (Istanbul: TESEV, 1999), p.42.
21. Kalaycıoğlu notes that ‘not since 1950 have deputies’ election chances been so dependent on
favorable evaluations of their performance by party leaders’. ‘Cyclical Breakdown, Redesign
and Nascent Institutionalization: The Turkish Grand National Assembly’, p.196.
22. İ. Turan, ‘Parlamentolarin Etkinliği ve Türkiye Büyük Millet Meclisi’, in I. Turan (ed.),
TBMM’nin Etkinligi (Istanbul: TESEV, 2000), p.24.
23. As already noted, Y. Esmer has found that between 1990 and 1997 the confidence the public
extended to the TGNA declined (pp.20ff.). The legislature belongs at the bottom of trusted
institutions along with political parties and the government. While the study does not dwell
upon the reasons for the decline in the esteem extended to the political institutions in
general and the parliament in particular, an often heard public judgement is that MPs serve
their own interests and those of their political circle rather than the interests of the country.
Similarly, the lack of attendance in the general sessions is explained by suggesting that the
MPs spend their time peddling influence in the corridors of the ministries rather than dischar-
ging their parliamentary duty.
24. Kalaycıoğlu observes that unruly behaviour has in the past enhanced his chances for re-elec-
tion. ‘Cyclical Breakdown, Redesign and Nascent Institutionalization: The Turkish Grand
National Assembly’, p.193.
25. İ.Turan, ‘Parlamentolarin Etkinliği ve Türkiye Büyük Millet Meclisi’, p.27. As regards the
unwritten rules in the TGNA, very little is known. In interviewing deputies in 1974, this
author discovered that a question about unwritten rules did not constitute an easily compre-
hensible question to most freshman legislators. Taken together with high turnover rates, it
becomes easier to comprehend why behaviour, in addition to the RP, is not constrained by
unwritten rules.
26. Party change has been comprehensively studied by Turan, ‘Horsechangers in Midstream:
Party Changing in the Turkish Parliament’, pp.21–34.
27. Parties are almost in a position to guarantee re-election to a certain number of deputies. In a
system of proportional representation with multi-member districts, some of them very large,
a party is assured of winning a few seats if it successfully clears the national threshold of ten
per cent.
176 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
28. The Constitution of 1982 article 84, intending to reduce the instability produced by party
changing as well as to eliminate the ethical problem posed, was initially designed to penalise
those who changed parties. Soon ways were discovered to flout the constitutional provision
and finally, the article was modified in 1995 to eliminate references to party changing.
29. The proposal was about raising the salaries of headmen of villages and urban precincts. See
Turan, ‘Parlamentolarin Etkinliği ve Türkiye Büyük Millet Meclisi’, p.20.
30. Kalaycıoğlu, ‘Cyclical Breakdown, Redesign and Nascent Institutionalization: The Turkish
Grand National Assembly’, p.210; see also Ö.F. Gençkaya, The Impact of Organizational
Attributes on Legislative Performance: A Structural-Functional Analysis of the Grand
National Assembly of Turkey (İstanbul: Department of International Relations and Political
Science, Boğaziçi University, 1990), p.84.
31. The palaces of the Ottoman Empire and the porcelain works were taken over by the TGNA, a
political convenience at the time the empire was ended by an act of parliament.
32. These figures are approximations, but the several officials that were interviewed working in
different parts of the TGNA administration all gave nearly the same figures.
33. E. Özbudun, ‘Parliament in the Turkish Political System’, Journal of South Asian and Middle
Eastern Studies, 2/1 (1978), p.51, refers to these indicators. He has relied on J. Blondel, Com-
parative Legislatures (Englewood Cliffs, NJ: Prentice Hall, 1973), pp.30– 43 and 144 –7.
Özbudun’s observations apply to the constitution of 1961 but they are equally applicable to
the 1982 Constitution.
The Impact of Democratic Practice on the
Parliaments of Southern Europe
P H I L I P N O R T O N and
CRISTINA LESTON-BANDEIRA
Style of Representation
The relationship between MP and party is seen in all five countries – Greece,
Italy, Portugal, Spain and Turkey – as an ‘unresolved’ problem. There is an
inherent conflict. On the one hand, MPs are seen as having little autonomy
from the parties under whose labels they are elected and which (as parliamen-
tary groups – PGs) dominate the parliament. On the other hand, the dangers of
MPs operating as independent entities are all too clear for these new demo-
cracies. Each condition has negative connotations.
This situation is not peculiar to the parliaments of Southern Europe. What
is distinctive though not unique to them, generating complexity and a problem
in the style of representation, is the fact that they have a history of clientelistic
and patronage networks, whereby individual MPs act not according to the
general good of the nation and party but rather to their individual agenda.
Besides leading potentially to situations of corruption, this is a key ingredient
for the pulverisation of parliamentary activity and, therefore, potentially acute
political instability. The development of ‘caciquismo’1 networks in Portugal
178 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
and Spain, during the nineteenth and beginning of the twentieth centuries, is a
clear example of this.2 The instability caused by this autonomic behaviour was
a direct cause of the emergence of dictatorship in Portugal. In the case of
Turkey the existence of patronage networks has been, as İlter Turan has
shown, a prominent feature of parliamentary politics, at least until the election
of a new parliament in November 2002, when the patronage parties were dis-
placed by new, mass-membership parties.
Similarly, the problem of fluidity of MPs between different PGs is still
apparent in Turkey as well as Italy. The Italian case is very interesting as
one would expect considerable change in the style of representation since
the mid-1990s, given the replacement of the proportional representation elec-
toral system by a quasi-majoritarian one. However, as Verzichelli shows, the
new parliaments of the so-called Second Republic appear little different from
the previous republic’s parliaments. If anything, the degree of fragmentation
has increased, as well as the autonomous behaviour of MPs.3 Still, the last par-
liament, elected in 2001, has shown considerable stabilisation and could indi-
cate the start of a majoritarian style of politics. The problems of fluidity have
been less obvious in Greece, Portugal and Spain mainly due to legal provisions
that reinforce the parties’ power over MPs. The transfer of MPs between PGs
is not possible in Portugal and in the case of Spain it has been considerably
restricted since the disruptive experience of the transfugismo in the 1980s.4
Parties have thus been seen as intrinsic to a stable democratic polity. The
wishes and actions of MPs individually have had to be subjugated to the dic-
tates of party. In both Greece and Portugal small amendments have been intro-
duced in order to give MPs individually more freedom of action, but these
have been very timid changes. Although generally there is a sense that MPs
should have more autonomy – as shown by the survey data analysed by
Pablo Oñate – the reality is that party control is much ‘safer’ for the
working of democracy. Autonomous behaviour by MPs is still seen (and
used) as a threat to the stability of the political system, and therefore to democ-
racy. The continuing development of a democratic political culture over the
years may, with time, make possible the integration of more autonomy in
MPs’ actions in the normal functioning of the political system. Likewise,
closer links between MPs and their constituencies may also develop.
Constitutional Change
From a constitutional point of view, the SE democracies show varying degrees
of change. They divide into three groups of countries according to the level of
change introduced: (1) dramatic changes in the case of Italy; (2) incremental
changes in the cases of Greece, Portugal and Turkey; and (3) no change in the
case of Spain.
CONCLUSION 179
Turkey almost falls into the category of no change, as there has been no
revision to the parliament’s internal rules, despite a general acceptance that
they need updating.5 The inability to create a consensus to revise the rules
of procedure (RP) has been mainly due to the parliament’s party fragmenta-
tion. This may change therefore with the less fragmented parliament elected
in 2002. In the case of Spain, though, it may prove more difficult to reach
such a consensus. This consensus would have to bring together not only
the main parties, but also a variety of regionalist representatives; this has
led, in the words of Capo Giol, to a ‘sacralisation’ of the constitution. The
Senate and the regions’ asymmetrical representativeness are the main focus
of the demands for reform that have developed in Spain since the end of the
period of transition to democracy: that is, a problem specific to Spain that
does not apply to the other SE countries. But, like Turkey, this has also
resulted in an inability to revise the parliament’s RP, which have not been
changed since first generated in the democratic era in 1982.
In both Greece and particularly Portugal the introduction of change has not
been as problematic. The existence of unity and a stable party system, provid-
ing occasional majorities, have meant that several changes have been intro-
duced in both the constitution and parliament’s internal rules. In fact, as
Penelope Foundethakis has shown, the ease of introducing changes in
Greece has led to a ‘worrying’ instrumental use of the electoral system by
the governmental parties.
As the oldest democracy in our sample, Italy has unsurprisingly witnessed
the introduction of a considerable number of incremental changes over the
years. These are currently overshadowed though by the dramatic changes to
the political system that took place in the 1990s following the Tangentopoli
scandals. However, Capano and Giuliani show that the changes of the
1990s have not had a very visible impact upon parliamentary practice
(at least up to the 2001 parliament). In a well-institutionalised parliament
such as the Italian one, it would seem that the accumulation of incremental
adjustments (towards a culture of consensualism) has had more impact than
the recent dramatic changes (towards a majoritarian culture). That is, as
noted by Capano and Giuliani, parliament has developed its own ‘viscosity’
in relation to external circumstantial changes. The changes of the 1990s
were more about changing the political actors than changing political
institutions.
Independent of the degree of change introduced, the models first adopted
when democracy was introduced have been generally accepted and assimi-
lated in Southern Europe. If anything, these models developed over the
years. Spain is the only case that denotes some unease with its political
system, due to the unresolved issue of the Autonomous Communities’ rep-
resentation in parliament in what is materially a federal political system
180 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
(Capo Giol). However, despite the lack of legal revisions, Spanish parliamen-
tary activity has changed considerably over the last 15 years.
Internal Organisation
Independent of the degree of change introduced, the parliaments have fol-
lowed a very similar pattern of development of their internal organisation:
one of rationalisation of procedures. This rationalisation process has effec-
tively embodied the means to bring efficacy into parliament; as Capano and
Giuliani put it, ‘efficacy rather than tradition, efficiency instead of dispersion
of power’. The rationalisation process has encompassed essentially three main
areas: reinforcement of the committee system, restriction of the timings used
in parliament, and reinforcement of the larger PGs’ power.
With the exception of the Italian Parliament, the committee systems in the
SE parliaments were still rudimentary in the mid-1980s. In the first years of
democracy the emphasis was on the chamber. This is understandable as
work in committee tends to be seen as being distant from the public gaze
and focused on detail. The chamber is the natural symbol of parliament as
the representative institution. It is a public forum that brings together all
factions representative of citizens – that is, the epitome of democracy. It is
the place where the great issues are debated. The chamber concentrates on
the ends, whereas committees are focused more on the means. Committees
are not only seen as more distant than the chamber, they are also resource-
intensive. An adequate committee system requires resources. More than the
chamber, committees are dependent on the availability of administrative
and research staff as well as physical space and facilities. However, resources
are what new democratic parliaments usually lack. Committees develop as the
new parliaments mature.6
The transferral of more powers and competences to committees was per-
ceived as a way of making parliamentary work more efficacious, in particular
when dealing with legislation. The changes to the RP in Portugal and Greece
are a very clear example of this. The 1988 revision of the Portuguese RP trans-
ferred the competence for second reading from the chamber to the committees.
The 2001 revision of the Greek standing orders brought in a considerable
increase in the autonomy given to the committees’ legislative and scrutiny
functions. The committees in Italy have also been reinforced over the years.
Turkey is the only case where the committee system has not developed,
although committees are perceived as providing more opportunities than the
chamber for MPs to intervene in parliamentary work.
The rationalisation of procedures has been particularly clear in these par-
liaments’ efforts to reduce the time consumed by parliamentary proceedings.
Despite no legal revision of procedures in the Spanish Congress, Capo Giol
notes that its work rate has improved over the years, particularly in dealing
CONCLUSION 181
with legislation. In Greece, Italy and Portugal the procedural revisions intro-
duced explicit restrictions in the times available to speak in the chamber or in
the deliberative process. The consequences of this type of restriction are made
clear in the Portuguese case in the notable increase, over the second decade of
democracy, in the proportion of bills that reach the stage of first reading
discussion.
Again, the impact of the practice of democracy is very clear here. The
principle of giving voice to as many people as possible is particularly dear
to the founders establishing a newly democratic parliament. It is only once
that principle is put into practice that the reality of inefficiency sinks in.
After years of parliamentary democratic practice, pragmatism eventually
prevails over representation.
One of the consequences of these time limitations is a general restriction on
the smaller parliamentary groups’ ability to participate in parliamentary activity.
Besides this, the rationalisation process in the SE parliaments has encompassed
other explicit measures reinforcing the power of the larger PGs to the detriment
of the smaller PGs and/or of the individual MP. Again the practice of democracy
has shown that the wider the points of view that need to be taken into account,
the more difficult it becomes to produce outputs. In the 1970s, for instance,
under the RPs of both the Italian and the Portuguese parliaments, a number
of rights were distributed equally amongst all PGs irrespective of their size.
The reform of these RPs in the 1980s and 1990s brought in a differentiation
between PGs relative to their size. The reinforcement of majorities is also
clear in the Greek Parliament.
This reinforcement of the majorities to ensure greater efficiency was inevi-
tably followed by a call for more rights from the smaller PGs and individual
MPs. It is in this context that the rationalisation process was followed in
Greece, Italy and Portugal by some measures opening up new opportunities
for the opposition, minority PGs and/or individual MPs to intervene in parlia-
mentary activity.
Another significant change in the internal organisation of the SE parliaments
in the last 15 years has been in their resources. The Italian Parliament is well
known for its strong resource structure. This was further strengthened in the
period under study, expanding the quantity of the support services offered to
MPs, as well as improving its quality. Although far from achieving anything
on a similar scale, the Greek and Portuguese parliaments have also recently
developed their resources; in particular, the importance of research support
staff has finally been recognised in the latest RP revisions. Foundethakis has
identified the creation of 80 new positions in the Greek Parliament.
The Turkish Grand National Assembly is at the other extreme in its lack of
development of resources. Turan explains that, despite a large number of
employees, the support staff of the Turkish Parliament is not adequate to the
182 SOUTHERN EUROPEAN PARLIA MENT S I N DEMOCRACY
NOTES
1. Locally based networks whereby MPs obtained votes through an exchange for favours.
2. See J. Magone, ‘Political Recruitment and Elite Transformation in Modern Portugal 1870–
1999: The Late Arrival of Mass Representation’, in H. Best and M. Cotta (eds.), Parliamentary
Representatives in Europe 1848–2000 (Oxford: Oxford University Press, 2000), pp.341–70;
and J. Linz, P. Gangas and M.J. Mir, ‘Spanish Diputados: From the 1876 Restoration to Con-
solidated Democracy’, in Best and Cotta (eds.), Parliamentary Representatives in Europe
1848–2000, pp.371–462.
3. More than the new electoral system, the restrictions on the secret vote system in the 1980s seem
to have had more consequences in a stabilisation of the parliamentary behaviour of the Italian
MPs.
4. M. Sánchez de Dios, ‘Parliamentary Party Discipline in Spain’, in S. Bowler, D. Farrell and
R. Katz (eds.), Party Discipline and Parliamentary Government (Ohio: Ohio State University
Press, 1999), pp.151–3.
5. The Turkish rules of procedure date back to 1973 and are therefore not harmonised with the
new constitution of 1983; See İlter Turan’s article.
6. Showing the difference with the Southern European cases, many parliaments of Central and
Eastern Europe actually had a well-developed committee system from the beginning. This
came not only in the context of a previous communist regime experience, but also at a later
date where lessons from newly democratic parliaments had been learnt and where influence
from American scholarship has been notable. See contributions to L. Longley and
R. Davidson (eds.), ‘The New Roles of Parliamentary Committees’, special issue, The
Journal of Legislative Studies, 4/1 (1998), and in particular A. Ágh, ‘Changing Parliamentary
Committees in Changing East-Central Europe: Parliamentary Committees as Central Sites of
Policy-Making’, pp.91– 4.
7. S. Patterson and G. Copeland, ‘Parliaments in the Twenty-first Century’, in G. Copeland and
S. Patterson (eds.), Parliaments in the Modern World (Michigan: University of Michigan
Press, 1997), pp.6– 7.
INDEX
private member’s bills: Italy 15, (CIS) 133, 134, 137t, 138t, 139t,
24 –5, 26, 26t, 27t; Portugal 73, 143t, 144t; European Economic
74, 74t, 75t, 77; Spain 138, 139; Community (EEC) 3;
Turkey 165, 165t, 169 governments 115t; media 123;
proportional representation 3, 17; transfuguismo 51
Greece 87, 88, 103 n11; Portugal Spanish Parliament 107 – 29,
60, 63; Spain 113; Turkey 154 130– 50, 145; 1977 –82 131 –2,
public opinion: Greece 23f, 85, 99, 133; 1982 –93 132; 1993 – 132;
100; Italy 22– 4, 23f, 30; Portugal Autonomous Communities 3,
23f, 77; Spain 23f, 112, 113, 124, 107, 108, 110, 111, 113, 116,
140 –6, 143t, 144t; trust in 120– 1, 127; Basque nationalist
national parliaments 23f; Turkey party 112, 113, 114, 116; Catalan
163, 175 n23 nationalist party 112, 113, 114,
116; Centro Democratico y Social
questions to the government: Greece (CDS) 112, 112t, 113, 120t;
94, 95, 96, 183; Italy 38 –40, 183; Coalición Canaria (CC) 112t, 117,
Portugal 75, 76t, 77, 183; Spain 120t; committees of inquiry 124;
77; Turkey 160t conclusions 125 –7, 144, 145 –6;
Congress 108, 111 – 17, 112t, 127,
Rae, D. 156t 131, 140; Constitution 109– 10,
referendums 13, 38, 171– 2 127, 130, 131, 179 –80; control
resources 5, 10–11, 97, 100, 180, 181 mechanisms 124 – 5, 126t, 127,
role of parliament 2, 93, 130 – 3, 153, 183; Convergència i Unió (CiU)
183 –5 112, 112t, 113, 116, 117, 120t,
Rules of Procedure: Greece 85, 86, 122, 123 – 4; decree-laws 118– 19,
91, 93, 94– 7, 180, 181; Italy 10, 118t; electoral system 113, 145;
11 –15, 30, 181; Portugal 71, 75, General Commission of the
180, 181; Turkey 160 –1, 167 –8, Autonomous Communities 110;
172, 173, 179 Izquierda Unida (IU) 111, 112t,
113, 120t, 135; languages 110;
Sampaio, Jorge 78 legislative consensus 117– 24,
Scandinavia 134, 147– 8 n12 118t, 120t, 121t, 122f, 122t, 123t;
scrutiny 5, 182, 183, 184; Greece 94, meetings 124t; MPs: (links with
95 –6; Italy 9, 18 – 21, 19f, 21t, 29, citizens 137 – 8; political careers
30, 33 n31, 183; Portugal 75– 8, 133, 136; role 134, 136 –40, 137t,
76t, 80; Spain 124 –5, 126t, 127, 138t, 139t; salaries 133; seniority
183; Turkey 159 –60, 160t, 169 70, 133 – 4, 136, 148 n14;
Silva, Cavaco 59, 76 socio-demographic profile 134– 6,
Simitis, K. 88, 105 n48 135t, 148 nn17– 19); nationalist
Spain: Basque Country 115t, 127; parties 111, 116, 127; Organic
Catalonia 115t, 127; Centro de Law on the General Electoral
Investigaciones Sociológicas Regime 113; parliamentary
INDEX 191
groups 134, 138, 178; Partido electoral system 154, 155 –6,
Popular (PP) 111, 112, 112t, 113, 156t, 161, 172; EU membership
116, 119, 120, 120t, 121, 123, 166; evolution of parliamentary
125, 132, 135, 141, 148 n17; institutions 152 –4; Felicity Party
Partido Socialista Obrero Español 155; financial support 157;
(PSOE) 111 – 12, 112t, 113, government 164– 7;
115 –16, 119, 120, 120t, 121, 122, institutionalisation 172 –4; Justice
123, 125, 131, 132, 135, 148 n17; and Development Party 155;
parties 3, 126, 134; PNV 112t, Justice Party (JP) 154, 160;
116, 117, 120t; private member’s legislative investigations 159,
bills 138, 139; proportional 160t, 169; legislative role 160– 2,
representation 113; public opinion 165 – 6, 165t, 167– 70, 171;
23f, 112, 113, 124, 140– 6, 143t, military interventions 152, 153–4,
144t; questions to the government 155, 156, 173; Motherland Party
77; role 130 –3; scrutiny 124 –5; (MP) 155; motions of censure
Senate 108 –11, 127; Standing (interpellations) 159 –60, 160t;
Committees 133; studies 2; National Salvation Party 154,
triangular relationship 111, 114; 155; Nationalist Action Party
Unión de Centro Democrático (NAP) 154, 155; oversight
(UCD) 111, 112,112t, 120t, 131 159 – 60, 160t, 169; parliamentary
stability 1, 3, 48, 50, 56, 57, 58 –60 groups 151, 152, 156– 7, 164– 7;
studies 1 – 3, 151 parties in parliament 156t, 158–62;
Suárez, Adolfo 112 party system 3, 152, 154 – 8, 156t;
patronage 157, 159, 165, 167;
transformative type parliaments 5, 80 People’s Party 153; ‘personalism’
Turan, İ. 158t 157, 158, 175 n12; presidential
Turkish Grand National Assembly vetoes 170 – 1, 171t; private
(TGNA) 3, 151– 76; coalitions member’s bills 165, 165t, 169;
155, 156– 7, 159; committee proportional representation 154;
system 168 – 9, 173, 180; public opinion 163, 175 n23;
Constitution 151, 152, 153, 154, referendums 171 – 2; Republican
161, 162, 170, 171– 2, 178, 179; People’s Party (RPP) 153, 154,
Constitutional Court 171; 155; role 153, 184; Rules of
constraint on powers 170 –2; Procedure (RP) 160 –1, 167 –8,
decree-laws 165t, 166, 171; 172, 173, 179; staff support 168,
Democratic Left Party 155; 170, 181– 2; status 170; studies 2,
Democratic Party (DP) 153, 154; 151; True Path Party 155; Virtue
deputies 162 – 4; (behaviour 159, Party 155; Welfare Party 155
163 –4, 173; links with citizens
163; role 157 –8, 162; salaries United Kingdom 67, 77, 134
161 –3, 167; seniority and
turnover 158t, 159, 163– 4, 168); Vitorino, A. 78