In theory it was not a difficult lawit was just a matter of establishing a new national holiday, or rather of reintroducing one that had already existed in the past: October 4th, the day of Saint Francis, the patron saint of Italy which, Rara Avis, made almost everyone in Parliament agree.
But come on letter to the presidents of the Chambers, sent on 8 October by the President of the Republic Sergio Mattarella accompanying the promulgation, it is understood that, written as the law is, enters a collision course with the one already in force which declares October 4th a civil solemnity in honor of Saint Francis himself and Saint Catherine of Siena, forcing the two patron saints of Italy to dispute a date which, for the two laws, implies two diametrically opposed things, with all due respect to the principle of non-contradiction: on the one hand the law just approved includes 4 October, the day of Saint Francis «in the list of days considered public holidays at a national level from which derive the effects of the observance of the complete public holiday timetable in the workplace and of the ban on carrying out certain legal acts», on the other hand it limits itself to removing the name of Saint Francis from the other law otherwise in force: the 132/1958, which for the same 4 October provides: «civil solemnity and day of peace, brotherhood and dialogue between members of different cultures and religions, in honor of the Patron Saint of Italy Saint Catherine of Siena».
Result: an irreconcilable contradiction. «The same day of October 4th», writes Mattarella, is now «qualified as both a national holiday, in honor of Saint Francis of Assisi, and a civil solemnity, in honor of Saint Catherine of Siena. With two different regulatory provisions it is expected that, with reference to the two Saints, substantially the same values will be celebrated, on the same day but with a different regime. In both cases it is foreseen, in particular, that, on the same day of October 4th, schools can promote initiatives dedicated to the universal values of which each of the two Saints is considered an expression”, unfortunately, by virtue of the new law on Saint Francis, schools will be closed on October 4th.
In clarifying the need to coordinate the two contradictory laws, Mattarella also gives the appropriate instructions: «First of all, I must point out that the same day – 4 October – cannot be classified as both a national holiday and a civil solemnity at the same time, also because, among other things, our legal system derives different effects from these qualifications. A choice must therefore be made in this sense – probably repealing the provision of civil solemnity, which is less relevant – and, necessarily, clarifying whether to refer for the public holiday of 4 October exclusively to Saint Francis or also to Saint Catherine, until now considered jointly”. To then ask for better coordination: «an indication of the initiatives that the institutions will be able to undertake and their contents, especially if it is intended to establish different dates for the two anniversaries», taking into account that 4 October will no longer be a school and work day» and to invite «Parliament to make the necessary corrections to the provision».
Words that sound like a first lesson in legislative technique, an ABC that the legislative offices of the two Chambers should master by heartwhile it is not the first time that the President has been forced to make comments that do not call into question the promulgation because they are not of a constitutional nature, but highlight a lack of quality in the texts produced.
The issue is particularly evident in the little note that Mattarella adds at the end, so self-evident that it would fit well in a legislation handbook for beginners: «Finally, I cannot fail to underline», writes the President, «the need for legislative texts to present clear and unambiguous contents».
Having the desire to joke with the saints, one would think that those who legislate like this have taken the evangelical too literally Let not your right hand know…
Very seriously, the question is anything but futile: in a country characterized by too many laws, often contradicting each other, new laws that are further contradictory and unclear mean enormous interpretative difficultiesmore confusion in who must obey them and who must apply them, disorientation among citizens. Ultimately, a more cumbersome bureaucracy, a more uncertain law, a less transparent and less just country. In addition to a lot of time wasted in offices of all levels, not having to forget that time, calculated in hours of work, is money.
As long as it is just a little law on a national holiday the impact is relative, but in more complex matters it also means slower justice, courts that give opposite answers, more time taken by the Supreme Court to direct the uniform interpretation of the law.
One might think that it is fortunate that Sergio Mattarella in his previous life was a university professor of Parliamentary Law and not a pharmacist or professor of theoretical physics. Also because the Constitution does not provide that the President of the Republic is a legal expert.
