Open or secret? : Parliamentary rules on secret ballot

The Italian debate on the parliamentary rules of procedure regarding open and secret ballots has recently highlighted the difficulties involved in finding a point of equilibrium and in safeguarding both the freedom of the Members of Parliament and the good functioning of the parliamentary form of government. The paper compares the rules of procedure in four big European countries with a parliamentary form of government (Italy, Germany, Spain, United Kingdom), where the prohibition of an imperative mandate for Members of Parliament remains unquestioned yet the Government needs the support of a “loyal” parliamentary majority at the same time. The comparison takes into account the rank of the sources of law providing for the secret ballot (Constitution, laws, parliamentary rules of procedure or conventions), the effective use of the secret ballot and its consequences on the confidence between Parliament and Government. Lastly, the paper discusses the rules of procedure of the European Parliament, bearing in mind the European Union’s particular form of government.