REPUBLIC OF IRELAND The Constitution of Ireland, art. 13, requires that the President of Ireland, the formal head of state, appoints the Taoiseach (Prime Minister) on the nomination of the Dáil Eireann (a popularly elected legislative Chamber of Deputies). The same provision also re quires that the President appoints the other members of the government on the nomination of the Taoiseach with the previous approval of the Dail. The requirement of approval by the Dail means that the inauguration of the new government is tied to the beginning of a new Dáil session. Upon dissolution of the Dáil for a general election, art. 16 of the Constitution provides that the election must take place no later than thirty days afterwards and that the newly elected Dáil meets within thirty days of the date of election. When the session begins, the new Dail nominates the leader of the majority party or coalition to be Taoiseach 1/ after a short and usually ritualistic debate. The Dáil then adjourns for a few hours while the Taoiseach calls upon the President for formal appointment to the office. On his return to the Dail, the remaining members of his government are approved en bloc. 2/ 1/ B. Chubb, The Government and Politics of Ireland, 183 (1982). 2/ Id. at 184. Republic of Ireland On The most recent general election was held on November 24, 1982, at which none of the parties succeeded in gaining a clear majority. December 12, 1982, an agreement to form a coalition government was reached between the Fine Gael Party and the Labor Party. The leader of Fine Gael, Dr. Garret Fitzgerald, became Prime Minister when the Dail met on December 14, 1982. Prepared by Kersi B. Shroff ITALY Article 61 of the Constitution provides that elections of the Chambers of the Italian Parliament must take place within 70 days of the dissolution of a preceding Parliament. While a maximum time period is established between dissolution and elections, neither the Constitution nor the law sets a minimum time period which must pass before an election. How ever, since the parties or groups presenting candidates have much to do before the actual election campaigns, which last 30 days, it is unlikely that elections would be held any sooner than about two months after the end of the previous legislature. Once elected, the Chambers must hold their first session within 20 days, with the old Chambers remaining in power until this session begins. The chief executive of the government is the President of the Council of Ministers who is appointed, along with the ministers he chooses, by the President of the Republic. The Council is also known as the Government or the Cabinet. The Council and its President assume office upon taking the oath before the President of the Republic, and they must have the confidence of the two Chambers. The only time limit the Constitution introduces is that the Council must present itself to the Chambers for the vote of confidence within 10 days of its formation. The Constitution, however, sets no time limit for the formation of the Government which in reality may be a lengthy process involving long negotiations and complex agreements among the various political parties participating in the government coalition. Prepared by Dr. Giovanni Salvo Legal Specialist European Law Division Law Library, Library of Congress JAPAN The term of office of members of the lower house of the Diet is four years, but it may be terminated before the expiration date when the lower house is dissolved (general election). 1/ A general election of members is usually held within the 30 days before the date on which the term of office of the incumbent members expires. If the lower house is dissolved, the government must call a general election within 40 days. 2/ The term of office of members of the lower house begins from the date of the general election and it runs until the date of the next general election. However, the term of office of members elected as a result of a dissolution commences from the next day, on which the term of the predecessors expires. 3/ The term of office of members of the upper house is six years and election for half of the members takes place every three years (ordinary election). / The ordinary election is in principle held within the 30 days before the date on which the term of office of the predecessors is scheduled to expire. 5/ The term of office of members of the upper house begins from 1/ Art. 45, Constitution, Nov. 3, 1946; came into force on May 3, 1947. 21 Art. 31, Public Office Election Law, Law No. 100, April 15, 1950, as last amended by Law No. 81, August 8, 1982. JAPAN - 2 the next day, on which the term of the predecessors expires. An exception to this is that if the ordinary election is held after the expiration date, the term of office begins from the date of the ordinary election. 6/ The Prime Minister is designated by both houses of the Diet; this designation is the initial order of business after the Diet is organized following a general election. On the same day, the Emperor formally appoints the Prime Minister, whose term begins immediately. 7/ |