The role of the President of the Republic in the formation of the government and the appointment of ministers, two states the same situation? A comparison between Albania and Italy

• Pages: 9-22

Vo

l. 7 N

o

. 1

M

arch, 202

1

I

SSN 2410-391

8

A

cces online at www.ii

p

ccl.or

g

9

A

cademic Journal o

f

Business,

A

dministration, Law and Social Sciences

II

PCCL Publishin

g

, Graz-

A

ustria

The role of the President of the Republic in the formation of the

g

overnment

a

nd the a

pp

ointment of ministers, two states the same situation? A

comparison

b

etween A

lb

ania an

d

Ita

ly

PhD

I

sm

ai

l T

a

f

a

n

i

Head o

f

the Department o

f

Legal Sciences and lecturer at the

A

lbanian

U

niversity

Ab

str

a

ct

I

n Parliamentary governments, an important role

f

or governance also belongs to the President

o

f

the Republic. Thus, a



er the elections it is in the credential o

f

the President to issue the

d

ecree

f

or the appointment o

f

the Prime Minister and, at the proposal o

f

the last also the

M

inisters. The decree o

f

the Prime Minister by the President o

f

the Republic must consist o

f

a

neutral power o

f

the President in the sense that it does not a

f‌f

ect the political direction o

f

the government or in the neutralization o

f

this power by keeping the Prime Minister on the

constitutional rails, the guarantor o

f

which the is President o

f

the Republic.

E

ven more are

the tones o

f

the discussion raised in this regard, when the President o

f

the Republic rejects

the Prime Minister's proposal

f

or the appointment o

f

ministers

f

rom the cabinet o

f

the last,

the government o

f

the country where he is the Head.

I

n this study we try to analyze two

a

lmost equal situations in

I

taly and

A

lbania, and how the example o

f

the

f

ormer in

f‌l

uenced

the constitutional practice o

f

the la er, in this context.

Ke

y

word

s

:

President o

f

the Republic, government

f

ormation, Prime Minister, Minister,

Pa

r

lia

m

e

nt.

I

ntr

odu

ct

io

n

I

n a

p

ar

l

iamentar

y

re

p

u

bl

ic, t

h

e

p

resi

d

ent

h

as a constitutiona

l

ro

l

e to maintain t

h

e

b

alance between the three traditional

p

owers o

f

the state. This balancing can ha

pp

en

through the re

p

resentation o

f

a neutral

p

ower b

y

the President o

f

the Re

p

ublic, and

this can ha

pp

en through a neutralization that cannot be achieved in an inactive wa

y

.

I

n Parliamentar

y

Re

p

ublics, the su

p

remac

y

o

f

Parliament needs to be balanced b

y

a neutral, certainl

y

not arbitrar

y

p

ower (Cuccodoro 2016) o

f

the President o

f

the

Re

p

ublic, even i

f

logicall

y

it should have the most im

p

ortant weight among the

p

owers

of

the State. This su

p

remac

y

is not unbalanced, des

p

ite the di

f‌f

erent constitutions

that

f

ound this

f

orm o

f

government

p

rovide

f

or di

f‌f

erent

p

rocedures, and di

f‌f

erent

w

a

y

s o

f

election

f

or the President o

f

the Re

p

ublic.

H

owever, the su

p

remac

y

o

f

Parliament as the re

p

resentative o

f

the sovereign

i

s changed unlike the

f

ormula o

f

electing the President o

f

the Re

p

ublic, but in no

w

a

y

neutra

l

ize

d

or even more so, anni

h

i

l

ate

d

. T

h

is stu

dy

d

oes not inten

d

to ta

k

e in

c

om

p

arison all the

p

arliamentar

y

re

p

ublics, but it tries to anal

y

ze the link between

the

p

owers o

f

the state, and to what extent the

y

can be in

f‌l

uenced b

y

the

f‌i

gure,

w

ho re

p

resents the Head o

f

State. The

f‌i

gure o

f

the President o

f

the Re

p

ublic was

trans

f

ormed b

y

the monarchies that

p

receded the

p

arliamentar

y

re

p

ublics, to the

e

xtent o

f

creating an im

p

ortant institution to balance the

p

owers o

f

the state. With the