Category Archives: Malta

Happy New Year? Christmas and New Year’s addresses by European presidents for 2017

This post marks the third time that I have written about selected presidential Christmas and New Year’s addresses by European presidents (see 2015 and 2016 here), so that it is now becoming a tradition of its own. This year’s speeches differed only little in focus from last year, as the refugee crisis and security concerns continue to determine the public debate, yet speeches took a more political tone in a number of countries. At the same time, this year also saw some ‘firsts’ – newly-elected Estonian president, Kersti Kaljulaid, gave her first New Year’s address and Austria (for the first time in decades) had no New Year’s address at all.

Slovak president Andrej Kiska reading out his New Year´s Day Address | © prezident.sk

Presidential Christmas and New Year’s Addresses tend to be a mixture of reflections on the political and societal events of the last year and general good wishes for the festive period or the new year. While the previous year had already seen an increase in political content, this year even more presidents referred to concrete events and policies – first and foremost the terrorist attack in Berlin on 19 December 2016. German president Gauck’s Christmas message was clearly dominated by the attack, yet stressed the need for compassion, highlighted efforts by volunteers both after the Berlin attacks and in helping refugees, and called for unity over sweeping judgments. Slovak president Andrej Kiska dismissed xenophobic sentiments in his New Year’s address even more directly, acknowledging a deviation from usual end-of-year reflection and highlighting his disagreements with the government over the issue. The Slovak government has not only strongly opposed taking in any refugees, but also includes the far-right Slovak National Party (SNS) and recently passed a more restrictive church law specifically targeting Muslims (which was promptly vetoed by Kiska). Quite in contrast to these conciliatory words, Czech president Zeman used the opportunity claim a ‘clear link between the migrant wave and terrorist attacks’. In his 20-minute address – far longer than any other presidential holiday speech – from the presidential holiday residence at Lany, he also attacked the governing coalition, spoke about banning internet pornography and expressed his admiration for Donald Trump and his ‘aggressive style’.

The Christmas speech of Polish president Andrzej Duda also took an unusually political turn as it started off with much praise for government reforms. Although the Polish government, too, refused to accept refugees under the EU compromises, references to EU crises remained relatively vague. Remarkable, however, was Duda’s call to ‘respect the rules of democracy’ which was clearly aimed at the parliamentary and extra-parliamentary opposition which criticised what they in turn perceived as the unconstitutional behaviour of the governing party (see here). The address by Duda’s Croatian counterpart, Kolinda Grabar-Kitarovic, was also in remarkable as she devoted the entirety of her speech to condemning recent increases in intolerance and the simultaneous glorification of past fascist and communist regimes which she then linked to the fact that “busloads of young people are leaving the country each day” and called the government and all parties to action. Italy’s president Sergio Mattarella likewise urged parties to take action  to avoid the ‘ungovernability’ of the country, yet mostly focussed on listing the concerns of citizens and various tragic deaths rather than providing a very positive message.

Bulgarian president Rosen Plevneliev used his last New Year’s address as president to highlight more positive achievements, such as the ten year anniversary of EU accession (also mentioned by Romanian president Iohannis in his very brief seasons’ greetings), a rise in GDP and successful completion of the presidency of the Committee of Ministers of the Council of Europe. While stressing the need for further reform, President of Cyprus Nicos Anastasiades also provided a more positive message focused on the progress in the negotiations about a reunification of the island, also thanking people for their sacrifices in implementing the financial bail-out completed in 2016.

Hungarian President Ader with sign language interpreter (left); Latvian president Vejonis with his wife (right)

On a different note, Hungarians and Latvians might have been surprised to see additional faces in the recordings of presidential messages: Hungarian president Janos Ader’s speech was simultaneously interpreted into sign language by deaf model and equality activist Fanni Weisz standing in the background, whereas Latvian president Raimonds Vejonis even shared parts of the address with his wife. For those interested in ‘pomp and circumstance’, the address by Maltese president Marie-Louise Coleiro is highly recommended as the recording features a praeludium and a postludium by a military band in gala uniform inside the presidential palace (Youtube video here).

Last, for the first time in decades Austria lacked a New Year’s address by the president. Although Alexander Van der Bellen was finally elected president in early December, he will only be inaugurated on 26 January 2016. His successor, Heinz Fischer, finished his term already on 8 July 2016 and the triumvirate of parliamentary speakers (which incidentally include Van der Bellen’s unsuccessful challenger, Norbert Hofer), who are currently serving collectively as acting president, did not provide any New Year’s greetings.

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A full list of speeches is available for download here.

Happy New Year? Christmas and New Year’s addresses by European presidents for 2016

In the first blog post of 2015, I explored the origins of and various customs and conventions surrounding the Christmas and New Year’s addresses by European heads of state. This year, I will look more closely at the content of these speeches (although focussing – for the sake of brevity – only on presidents, i.e. non-hereditary heads of state this time).

Finnish Niinistö records his New Year's speech for 2016 | photo (c) Office of the President of the Republic of Finland 2016

Finnish president Sauli Niinistö records his New Year’s speech for 2016 | (c) Office of the President of the Republic of Finland 2016

As I noted in my post last year, Christmas and New Year’s addresses rarely rarely belong to the most important political speeches in European democracies and often include a short summary of the last year’s events in the country. Common themes (apart from holiday wishes) are relatively rare. This year, however, many presidents directly addressed the refugee crisis in Europe. The presidents of Austria and Germany who have had to deal with extraordinary refugee streams both called for compassion and tried to strengthen the ‘can do’-spirit that has so far characterised the reactions of Federal Chancellors’ Merkel and Faynmann and volunteers in both countries. Presidents of other countries hit by the surge of refugees did not address the issue so clearly. Hungarian president Ader referred to it among other unexpected events of 2015, while the Slovenian and Croatian presidents Pahor and Grabar-Kitarović in their – significantly shorter seasons’ greetings – did not raise the issue at all apart from vague references to difficulties.

The refugee crisis featured more prominently on the other hand in the speeches of Slovak president Kiska and Czech president Zeman – yet taking almost diametrically opposed positions. Kiska largely downplayed the issue stating Slovakia was much less affected than other countries and the issue should not dominate the national agenda. Zeman on the other hand, called the influx of refugees as “an organized invasion” and called for young male refugees to return to their country to fight ISIS. Given Zeman’s previous statements this is hardly surprising, yet it is generally unusual for a Christmas message to include such controversial material. The refugee crisis also took centre stage in speeches by Finnish president Niinistö as he justified the steps taken by the government to limit the number of people receiving help.

Another theme in presidential speeches were national tragedies and the security. The Paris attacks featured strongly in French president Hollande’s speech, so did the Germanwing air crash in German president Gauck’s Christmas message. The ongoing Ukrainian crisis and potential conflict with Russia as well as the war in Syria were included in a number of speeches. Yet presidents also focussed on the economic situation and way of the recession – most prominently included in the messages of the presidents of Greece, Portugal and Iceland. The latter’s speech was however mostly reported on due to the fact that president Ólafur Ragnar Grímsson announced that he would not run for a sixth term as president.

Overall, this once again highlights that presidential Christmas and New Year’s addresses can be important indicators of the political situation or the importance of particular events throughout the year. Until now, there has nevertheless been only very limited academic research on presidential statements on these occasions. So far, I could only find an analysis of the role of religion in new year’s addresses by Swiss Federal Presidents – showing an overall decline in biblical references throughout the years. [1] In most European republics appear to follow this trend – explicit biblical references beyond a mere reference to the holiday can only be found in the speeches of the presidents of Malta and Hungary.

Christmas - NY presidents 2016 + Wulff 2011

From top left to bottom right: Presidents Higgins (Ireland), Duda (Poland), Wulff (Germany; 2011), Coleiro Preca (Malta), Iohannis (Romania).

Last but not least (and partly inspired by the DailyMail’s analysis of the photographs on Queen Elizabeth II’s desk), I think it is worth looking at the setting of presidents’ speeches. Where speeches are broadcast on TV (or recorded and then put on youtube), the setting is surprisingly similar with the president usually sitting or standing in front of flags or a fireplace. In Germany, this set-up had so much become the norm that Christian Wulff’s walking speech among a group of surprisingly diverse citizens (see centre image of above collage) caused great excitement among editors trying to fill the seasonal news slump. More unusual however was Swiss Federal President Adolf Ogi’s address of 2000 – he stood in front of a railway tunnel (watch the video here).

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[1] Kley, Andreas (2008). ‘”Und der Herrgott, Herr Bundespräsident?” Zivilreligion in den Neujahrsansprachen der schweizerischen Bundespräsidenten’. In: Kraus, Dieter et al. Schweizerisches Jahrbuch für Kirchenrecht. Bern, Switzerland, 11-56.

A list with links to the 2015/2016 speeches can be downloaded here.

…and a happy New Year! Christmas and New Year’s addresses by European heads of state

Every year millions of Britons gather in front of their ‘tellies’ to watch the Queen’s annual Christmas message. This year, over 7.8m viewers saw and heard her speak on the topic of reconciliation in the light of the WW I centenary and were delighted by references to her visit to the set of ‘Games of Thrones’, making it the UK’s Christmas TV highlight (it attracted 1.5m more viewers than the ‘Doctor Who’ Christmas special and 2m more viewers than the Christmas episode of the period drama ‘Downtown Abbey’). Given that this blog deals with presidents, i.e. non-hereditary heads of state, writing about the Queen’s Christmas message might be peculiar for some readers. Nevertheless, the tradition of addressing the nation has – in the European context – first been documented for monarchs, with presidents continuing this tradition.

Queen Elizabeth's (left) Royal Christmas Message is one the most watched Christmas address by a head of state worldwide; German president Gauck (right) is one of only two presidents in Europe to deliver his holiday address on Christmas.

Queen Elizabeth’s (left) Royal Christmas Message is one the most watched Christmas addresses by a head of state worldwide; German president Gauck (right) is one of only three presidents in Europe to deliver his holiday address on Christmas Day.

British monarchs have only addressed the nation at Christmas since 1932 (on proposal of the BBC’s founding director). Earlier examples of public addresses to the nation on the occasion of Christmas or the New Year have been documented for Kings of Denmark and the German Emperor since the late 19th century. Starting with general well-wishes for the New Year and/or Christmas, holiday addresses have now developed into more elaborate speeches which are designed to reach a wide audience. Apart from general remarks about the holiday season and a short review of the last year, heads of state also often highlight specific themes in their message. Thereby, the degree to which the content is ‘political’ tends to vary with the constitutional position of the head of state. In the European monarchies the content is often coordinated with the government (although much this process – like so many interactions between constitutional monarchs and elected representatives – remains shrouded in secrecy) and themes or highlights tend to be rather uncontroversial. Likewise, indirectly elected presidents – with some exceptions – only rarely include strong political statements or use speeches to express entirely new opinions. In Switzerland, New Year’s Day coincides with the inauguration of a new Federal President (the head of the collegial executive), so that the president’s New Year’s Address is simultaneously an inaugural address and does not necessarily follow this pattern. Popularly elected presidents are generally more likely to use this annual tradition to talk about (specific) policy. For instance, French president Francois Hollande spoke about economic reforms (several of which take effect 1 January 2015) and Cypriot president Nikos Anastasiadis outlined plans for modernisation of the state.

Map_of_EU_presidents-monarchs-xmas-ny

Apart from this divide, a less relevant albeit interesting division between presidents and monarchs appears in Europe. Apart from Germany, the Czech Republic and Malta, presidents address the nation on New Year’s Eve/New Year’s Day (the Irish president provides a combined message), while the majority of monarchs (with Norway, Denmark and Monaco being the exception) deliver their message on Christmas Day. Hereby, it needs to be noted that German presidents until 1970 delivered their speech on New Year’s Day (which means they switched with the Chancellor). Czech presidents also gave New Year’s addresses until president Zeman returned to the pre-1949 tradition of delivering his speech at Christmas after his inauguration in 2013. I have tried to find reasons for the divide between presidents and monarchs, yet have not found any palpable evidence. Monarchs’ tendency to deliver Christmas messages might be related to their role in national churches (although this does not explain the Danish and Norwegian exceptions). Presidents on the other hand, deliver messages on the relatively world-view-‘neutral’ New Year’s Eve/Day. In Central and Eastern Europe, Communist leaders naturally avoided giving speeches on or related to Christmas Day. After the fall of Communism, this tradition was retained by the new democratic leaders. The Lithuanian and Romanian president form the general exception from all other European heads of state. While both issue short press statements to wish their citizens a happy Christmas and New Year, neither gives a specific speech. The Prince of Liechtenstein does not even that.

Although Christmas and New Year’s messages rarely belong to the most important political speeches in European democracies. Nevertheless, they reflect – although in varying degrees – not only the institutional arrangements of European democracies. Furthermore, they shed light on how political traditions develop (be it formally or informally) and can carry on from one regime to another (monarchy to republic; autocracy to democracy).

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A list with links to this year’s Christmas and New Year’s Addresses can be found here (if available the link is to an English version) –> Links to speeches 2014-2015
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Should you know more about the history and practice of Chrismas/New Year’s messages by heads of state in the countries discussed above, please let us know in the comment section below.

Presidents and Paupers I: How much do Western European presidents earn?

Presidential salaries – particularly during and after the European financial crisis – have been a hotly debated topic in a number of European republics and several office holders have voluntarily taken a pay cut. Last year, I wrote two blog posts about the earnings of Western and Central and Eastern European presidents or my old blog (presidentialactivism.com) which proved to be highly popular and generated some media attention. The posts which are reproduced here today and tomorrow try to answer the questions How much do presidents actually earn? Did the crisis have an impact on presidential salaries? And how do their earnings relate to other factors?

Austrian president Heinz Fischer is the highest paid president in Western Europe (if you do not count the Chairman of the Swiss Confederate Presidency) | photo by GuentherZ via wikimedia commons

Presidents’ absolute salaries in comparison

Given different regulations about salaries, lump sums and other benefits it is difficult to establish universally how much presidents actually earn. For this post I tried to ascertain (accurately, I hope) presidents’ yearly gross annual income exclusive of benefits. However, I decided to include so-called 13th/14th salaries as these are part of the taxable income and many presidents were either entitled to receive those or were recently deprived of them (see more under the penultimate subheading). Although the national gross average income would certainly be easier to interpret as a point of reference, I had chosen the 2012 GDP per capita for the sake of reliability. I was also not able to find reliable data for Cyprus (please leave a link in the comment section if you know a reliable source).

Western european presidents_absolute annual salary_presidentialactivism.com_

The bar chart shows that there is a huge variety in presidents’ salaries in Western Europe. The top-earner is the Swiss Federal President, i.e. the chairperson of the seven-person collegiate presidency that is elected ‘President of the Confederation’. Members of the Federal Council receive €360,358 annually, the president receives an additional €9,735 (i.e. 370,093 annually). The runner-up and top earner among the ‘normal’ presidents – the Swiss-type collegiate presidency is worldwide unique – is the Austrian president. Current incumbent Heinz Fischer receives a gross annual salary of €328,188 which consists of 12 regular monthly salaries + two additional monthly salaries (not benefits) of €23,442 each. George Abela, the president of Malta,, on the other hand earns the least with just €56,310 and thus almost six times less than the Austrian counterpart. The average presidential gross annual salary is €191,149, the average GDP per capita (2012) is €30,860. There are only few presidents who earn a similar absolute gross yearly salary, although this looks different for relative yearly salaries.

Setting earnings into perspective

Absolute numbers are always present a somewhat distorted image in cross-country comparisons, which is why it is good to set presidents’ gross annual income into perspective. As mentioned above, I use the respective country’s GDP per capita from 2012 as a point for comparison.

Western european presidents_relative annual salary

There is a lot of change of positions when comparing absolute and relative gross annual income. While the Maltese presidents is still the lowest paid democratically elected head of state in Europe with 350% of the GDP per capita, previous front-runner Switzerland is with 606% of the GDP/capita only 12 percentage points above the Western European average. Greek president Karolos Papoulisas – in absolute earnings rather on the lower end of the spectrum – now finds himself in third position as his annual gross salary is more than eight times more than the GDP per capita (and this even though his salary had already been halved last year – more on this below). The top-earners in relative terms are by far the presidents of Italy and  Austria. Their gross annual salary amounts to almost nine times more than the nominal GDP per capita.

Western european presidents_scatterplot

The correlation between GDP per capita and presidential salaries is surprisingly high (R=0.8) and Switzerland is the only real outlier. The plot also shows that Finnish president Niinistö earned less than one could have expected from the GDP per capita – even before his salary cut.

The crisis and its consequences

The crisis has certainly taken its toll on presidential salaries in Western Europe as several presidents experienced a pay cut or voluntarily cut their own salary. French president Hollande cut his salary by 30%, Irish president Higgins voluntarily waived 23.5% of his salary, Finnish president Niinistö waived 20%. In Greece, parliament cut the president’s salary by 50% (and abolished a €6,240/month  representational allowance) after president Papoulias had suggested it. Papoulias had previously already waived his salary for a whole year as well as his right to a 13th and 14th monthly salary. Cypriot president (who could not be included in this ranking because of missing data) also waived his additional monthly salaries and cut his salary by 25% after his predecessor had already seen a 20% salary cut.

On the other hand, German president Gauck and Austrian president Fischer recently saw an increase in their income. In 2012, Gauck’s gross yearly income went up from €199,000 to €217,000 while Fischer receives has a modest €411 more in his bank account every month since the beginning of this year (this increase also applies to his two additional monthly salaries so that overall the gross yearly income went up by €5,754). At least in the case of Germany, this increase should not be seen too controversial. The president’s earnings are still rather average (see also scatter plot above) and had not been increased for almost a decade (furthermore, the salary is indirectly tied to the income of federal clerks).

Powers and mode of election

With relation to presidential powers and the mode of presidential election, the results contrast those from Eastern Europe. Nevertheless, the absolute results depend on whether Switzerland is included or not. Directly elected presidents have a gross yearly income of €183,355 (573% of the GDP per capita), while indirectly elected presidents (Switzerland included) earn €202,061 (664%) and thus more in absolute and relative terms. However, if one excludes Switzerland (which might be sensible due to the exceptionalism of the Swiss collegiate presidency) the gross yearly income is only €160,511 (703% of GDP per capita) which in absolute numbers is less but significantly more in relative terms.

When it comes to the relationship between presidential powers (measures taken from Siaroff 2003) and presidential income the correlation is R=0.0002 and thus non-existent.

***Sources (click on the country names)***
*AustriaFinlandFranceGermanyGreeceIcelandIrelandItalyMaltaPortugalSwitzerland*

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This post first appeared on presidentialactivism.com on 1 August 2013.

Presidential term lengths and possibilities for re-election in European republics

I recently read up on the amendments made to the Czech constitution to allow for popular presidential elections and stumbled across Art. 57 (2) – ‘No person may be elected President more than twice in succession’ (which already applied to indirectly elected presidents) and wondered how it looks in other European republics and how it relates to term length. The results of my study of each country’s constitution are summarised in the bar chart below.

While Maltese president Marie-Louise Coleiro Preca (left) can only serve a single term of five years, Italy’s Giorgio Napolitano (right) has recently been elected for his second 7-year term and there is no term-limit |photos via wikimedia commons

While Maltese president Marie-Louise Coleiro Preca (left) can only serve a single term of five years, Italy’s Giorgio Napolitano (right) has recently been elected for his second 7-year term and there is no term-limit | photos via wikimedia commons

Term length

Term length is relatively uniform across European republics – in all but six countries a president’s term is five years. Exceptions can only be found in Iceland and Latvia (4 years), Austria and Finland (6 years), and Italy and Ireland (7 years). Interestingly, all presidents serving terms of six or seven years are popularly elected; yet, so is the president of Iceland who is only serving a four-year term.

Presidential term lengths and re-election provisions in the EU member states_presidentialactivism.com

Term limits

A limitation to two consecutive terms can be found in twelve out of 22 European republics, i.e. a former president who has already served two consecutive terms could theoretically be re-elected for a further two consecutive terms after ‘taking a break’. In Latvia, the constitution states that an individual may not serve as president longer than eight consecutive years (which equates to two terms in office). In Portugal, the constitution specifies that a president who has already served two consecutive terms can only be re-elected as president after a break of at least five years. In other countries with a limit of two consecutive terms no such provision exists.

In seven out of the ten remaining republics, presidents can only be elected for two terms – irrespective of consecutiveness. In Malta, a president can even only be elected for one term (although the constitution is rather imprecise on the subject). In Iceland and Italy, there are no regulations on re-election. While it is the norm in Iceland that presidents serve several terms – since 1944 all presidents have served at least three consecutive terms (the current president Ólafur Ragnar Grímsson is in his fourth term at the moment), Italian president Giorgio Napolitano is the first Italian president to be re-elected.

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This post first appeared on presidentialactivism.com on 22 August 2013.

Who’s in charge when the president is gone? Acting presidents in European republics

The premature termination of a presidential term – be it by impeachment, resignation or death of the incumbent – is generally a rare phenomenon so that the respective regulations belong the constitutional provisions that are applied least often in political practice. Nevertheless, in recent years a number of European republics had to activate these stipulations, often for the first time. This post compares the regulations on acting presidents in European republics and discusses the consequences for the separation of powers and potential for conflict.

Acting German Federal President, Speaker of the Federal Council and Minister-President of Bavaria Horst Seehofer in 2012 | © German Presidential Office

The resignations of German Federal Presidents Horst Köhler in 2010 and Christian Wulff in 2012 presented the first instances in which speakers of the Bundesrat had to take over presidential duties. Similarly, the tragic death of Polish President Lech Kaczyński in 2010 was the first event in post-1989 Poland that required the Sejm Marshal (speaker of the lower house) to temporarily fulfil the role of president. In Romania, the two impeachment attempts against president Traian Basescu in 2007 and 2012 also meant that the speaker of the Senate acted as president while the population was consulted in referenda. On the other hand, when Slovak president Schuster needed to receive specialist treatment in an Austrian hospital in 2000, the speaker of parliament and Prime Minister fulfilled his duties in tandem.

The above examples show that European republics show a great variation in who becomes acting president. In fact, Bulgaria and Switzerland are the only European republics with a functioning vice-presidency (although due to the collegial nature of the Swiss executive its position/relevance differs significantly) [1] and In the remaining countries it is not always obvious who takes over presidential duties in the case of presidential impeachment, resignation or death. The default option is to temporarily devolve the function to a representative of parliament (in all but Bulgaria, Finland and Switzerland representatives of parliament are involved), yet even here differences exist that have consequences for the division of power.

In France, Germany, Italy and Romania the speaker of the second chamber of parliament. As – except for Italy – the government is not responsible to the second chamber this arrangement guarantees a mutual independence of acting president and other institutions. Even though Austria and Poland also have bicameral system, presidential duties here are performed by the speakers of the first chamber and thus by politicians that are more prominent in everyday politics and usually belong to the governing party. In Austria this is partly mitigated by the fact that the speaker and the two deputy speakers perform this role together, yet in Poland the stipulation proved to be controversial – not only because the generally more political role of the Polish Sejm Marshal but also because of the fact that acting president Komorowski was the government’s candidate in the presidential elections. In the Czech Republic, likewise a bicameral system, presidential duties are also fulfilled by the speaker of the first chamber, yet in cooperation with the Prime Minister.

Map_of_EU_presidents away2_

Countries with unicameral systems cannot generally choose a more independent political candidate, yet as the examples of Iceland and Ireland show it is still possible to create less political alternative by pairing them (among others) with the Chairman of the Supreme Court in multi-member committees that jointly fulfil the position of acting president. Estonia shows another way of ensuring independence of the speaker of parliament as acting president in a unicameral system. The constitution foresees that speaker of parliament temporarily gives up their function to act as president and a new speaker is elected for that period to maintain a clear separation of powers.[2] Last, only Finland and Malta place the role of acting president in the hands of the Prime Minister which is even more exceptional when considering the great differences between the two political systems.

The comparison above has shown that variations in who becomes acting president do not vary according to the mode of presidential election or presidential powers and their origin often predate the current political system. An example for this are the regulations in the Czech Republic and Slovakia which both based their regulations on constitutional drafts that still were still designed for the countries’ functioning within a federal Czechoslovakia. Once the break-up was agreed and quick adoption of new constitutions was needed, the presidency was merely added and the actors that previously represented the republic at federation level became the designated acting presidents (Slovakia only introduced a co-role for the speaker of parliament in 1998 as it turned out that the constitution did not transfer enough power to the Prime Minister as acting president to maintain a functioning state after parliament failed to elect a new president).

The question of who is in charge when the president is gone might appear relatively insignificant at first glance given the rarity of early terminations of presidential terms or long-term absence of presidents during their term. Nevertheless, the different stipulations strongly affect the degree to which the presidency can or is likely to still fulfil its function as check-and-balance on other institutions while it is vacant. While this becomes more relevant the longer there is a vacancy in the presidential office, it still changes the balance of power within a political system already in the short term and therefore merits attention. For instance, during the one month that Slovak president Rudolf Schuster spent in hospital in Austria in 2000, Prime Minister Dzurinda and National Council speaker used their position as acting presidents to veto three bills to which Schuster had previously declared his opposition. Only shortly afterwards, the government majority passed the bills again and thus made sure that Schuster could no longer veto the bills or request a review before the constitutional court.

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[1] The Cypriot constitution also institutes a vice-presidency which is reserved for a Turkish Cypriot while the post of president is to be held by a Greek Cypriot. Initially a Turkish Cypriot vice-president served alongside a Greek Cypriot president, yet the vice-presidency has been vacant for about 50-40 years. The start date of the vacancy is difficult to establish – while Turkish Cypriots have not participated in government or parliament since the 1963 crisis, the title of vice-president appears to have been used by Turkish Cypriot leaders until the coup d’état in 1974.
[2] Estonian members of government are also required to give up their place in parliament upon appointment and another MP enters parliament in their place for the time of their appointment.

Malta – New President to expand the functions of the office

On April 4th, Marie-Louise Coleiro Preca, the Social Solidarity Minister in the Labour government led by PM Muscat, was sworn in as Malta’s ninth President. The Parliament unanimously confirmed PM Muscat’s choice of Marie-Louise Coleiro Preca as next head of state on April 1st. She succeeds President Abela, a former deputy leader of the Labour Party, who has increased the visibility of the office by calling for a constitutional reform aimed at strengthening the political autonomy of the presidency.

Malta’s head of state is appointed for a five-year term by the parliament at the proposal of the prime minister. The choice of presidents reflects a wide consensus of political forces, as proven by the parliament’s unanimous appointment of the last two presidents. Moreover, President Abela’s nomination by the Nationalist Party in 2009 was meant to strengthen the idea that the president inspires national unity. However, the Labour Party did not reciprocate in 2014, when PM Muscat did not give in to pressures from the opposition to nominate as head of state a member of the Nationalist Party.

Maltese presidents have few real powers. Although the executive authority is vested in the president (art. 78), she is bound to act only on the prime minister’s advice. The position is therefore rather ceremonial.

For example, the president’s appointment powers to constitutional bodies, such as the Electoral Commission, the Superior Courts, and the Broadcasting Authority, can only be exercised in accordance with the prime minister’s advice. The president lacks veto powers and must sign into law any bill she is presented with without delay (art. 72).

President Abela has particularly insisted on the need to grant the head of state the power to require the re-examination of parliamentary acts once before signing them into laws. He argued that presidents should be allowed to present their own views on legislation and solicit changes. Currently, the only alternative presidents can resort to if they have reservations about the legislation they are presented with is to step down from office. The end of President Abela’s term was marked by an incident of this kind, as he appeared unwilling to sign the Civil Union Bill. There were reports that the parliament put the bill on hold until President Coleiro Praca took office, as she had made it clear she would sign the bill into law.

If President Abela’s appointment from the opposite side of the political spectrum was an experiment in 2009, Coleiro Preca’s appointment in 2014 is also seen as an experiment due to the increase in the responsibilities attached to the presidential office. PM Muscat revealed that Coleiro Preca was initially reluctant to give up the Family and Social Solidarity ministry for the presidential nomination. She accepted the post after the prime minister confirmed that the president will be heavily involved in the social field. She will be in charge of the national strategy against poverty and will head several commissions in the social area. The financial and personnel resources allocated to the office will also be increased to assure the effectiveness of her work.

The overlap between the president’s new functions and the social solidarity ministry has raised concerns that this portfolio was in fact being elevated to the level of the presidency. There were also questions about the legality of extending the president’s powers without changing the constitution. PM Muscat argued that giving the president a more active and prominent role was not accompanied by an increase in the executive powers of the office. Therefore, the president’s overview of nationwide social policies was not expected to exceed her constitutional powers.

A constitutional reform process is expected to begin in Malta in the coming months. In this context, it will be interesting to see to what extent the new functions granted to President Coleiro Preca and former President Abela’s calls to increase the autonomy of the presidential office and its independence from the executive will contribute to a redefinition of the president’s role in the constitution. 

Malta –President Abela’s calls for the reform of the presidential office

Maltese presidents are elected and dismissed by the parliament and most of their constitutional prerogatives are subject to the prime minister’s prior approval. However, George Abela, the incumbent president, has maintained a high public profile throughout his time in office due to his repeated calls for constitutional reform.

A former deputy leader of the Labour Party, George Abela was nominated to the presidential office by Prime Minister Lawrence Gonzi of the Nationalist Party, which had won the 2008 general election. George Abela is the first Maltese president who was nominated to this position by the opposing political party and was elected almost unanimously by the parliament as head of state in April 2009.

The circumstances of his election explain why President Abela supports the idea that the choice of presidents must be reached through a wide consensus of all political forces. However, the president has put forward a much more extensive reform of the presidential office in order to strengthen its autonomous role with regard to the parliament and the government (see for example the Republic Day speech delivered by President Abela on 15 December 2013 and the extensive interview he subsequently gave to The Malta Independent).

The reform suggestions put forward by George Abela encompass the procedures for the president’s selection and dismissal and the actual prerogatives of this institution. Apart from underlining the necessity of selecting the president through consensus, George Abela argues that the president’s autonomous role can only be protected if the House of Representatives cannot remove the head of state by simple majority, as the Constitution currently stipulates (art. 48). As far the range of presidential powers is concerned, George Abela has indicated three main changes that would allow the president to act without the prime minister’s advice.

First, the president should be allowed to require the re-examination of parliamentary acts once before signing them into laws and present his own views on the necessary changes. At the moment, the Constitution requires the president to “assent without delay” to the bills presented by the House of Representatives (art. 72).

Second, President Abela argues that the head of state should have a say over the appointments made to constitutional bodies such as the Broadcasting Authority and the Courts, which are currently under the prime minister’s control. The public office-holders’ selection by an institution that is above party politics would prevent their exclusive accountability to politicians.

The third suggestion concerns the president’s ability to address the parliament. President Abela contrasts the personal speech delivered by the head of state on Republic Day with the “Speech from the Throne” read by the president at the inauguration of the legislature, which is written by the government. He recommends that this practice be discontinued so that the president can present the parliament his own view on the matters of the day.

Apart from advocating the need for constitutional reform in public speeches, President Abela has also hosted debates on this theme. In 2011 he set up the “President’s Forum”, an annual meeting where experts meet to discuss topics of national interest under the president’s patronage, and the 2012 and 2013 Forums were explicitly focused on constitutional reform.

President Abela’s term is nearing its end and the parliament is due to elect a new president on 4 April 2014.  Although it is not yet known whether the incumbent Labour government will stick to the precedent of nominating a president from the opposition and the major political parties have different views on the actual road to constitutional reform, there now seems to be growing consensus regarding its necessity.