The abuse of presidential term limits is rife. In Uganda deputies voted only last month to abolish the age limit for presidential candidates. This decision paved the way for President Museveni to stand for a sixth term, the two-term limit there having already been scrapped in 2005.
In Europe, here meaning the member-state countries of the EU plus Iceland and Switzerland, presidential term limits are not subject to abuse. However, Europe has not always been exempt from practices typically associated with the abuse of presidential term limits. Indeed, there have been examples of presidential terms limits being abolished, ‘grandfathering’ clauses being introduced, and term lengths being extended to suit particular presidents.
In five European countries, presidential term limits have been abolished at some point. In these cases, the process of abolition was often associated with the manipulation of presidential term lengths as well.
- In France, Louis-Napoleon Bonaparte was directly elected as president in December 1848. With the constitution allowing only a four-year non-renewable term, he staged a coup in December 1852, soon becoming Emperor Napoleon III.
- In Lithuania, the 1926 coup led by Antanas Smetona was followed by a new Constitution in 1928. In the new Constitution, presidential term lengths were extended and term limits were abolished, leaving President Smetona constitutionally secure in power.
- In Portugal, a presidency was established with the 1911 Constitution following the abolition of the monarchy. In 1933 Salazar’s so-called Estado Novo constitution extended the president’s term to seven years and abolished term limits. Salazar himself didn’t serve as president, but the abolition of presidential term limits was part of his strategy for securing power in the regime at that time.
- In Austria, President Hainisch stepped down in 1928 because he was term limited. He was succeeded by Wilhelm Miklas. In 1933 Prime Minister Engelbert Dolfuß effectively ended democracy by shutting down parliament. In 1934 a new Constitution was passed in which presidential term lengths were extended and term limits were abolished. President Miklas benefited from the change, though he was allowed to do so because he was such a docile figure that he posed no threat to the authoritarian regime.
- Finally, in Czechoslovakia the 1948 Constitution included a term-limit clause. The 1948 Constitution was drafted before the Communists fully assumed power that year. In 1960 a new Constitution was passed, leaving in doubt the Communist nature of the regime, and term limits were abolished as part of the reform.
‘Grandfathering’ is where a particular individual is exempt from a general rule. In the case of presidential term limits, it means that the Constitution includes a term-limit procedure, but a particular individual is exempted from such limits and, in effect, serves as a president for life. There are two historic cases of ‘grandfathering’ in Europe, both in Czechoslovakia.
- In the 1920 Czechoslovak Constitution, the text stipulated a seven-year term with a two-term limit. However, it also stated that these provisions did not apply to the first president. This was Tomáš Garrigue Masaryk. President Masaryk reminded in power until 1935 when he resigned on health grounds.
- In the 1948 Czechoslovak Constitution, there was also a clause stating that the term-limit provisions did not apply to a particular person, this time to the second president of the Republic. This was Edvard Beneš. He had succeeded Masaryk, becoming the second President of the Republic, only to be forced from power after the Munich Agreement in 1938. He returned in 1945 and was president in May 1948 when the Constitution of that year was promulgated. However, Beneš opposed the Communist takeover and he resigned in June 1948, effectively making the ‘grandfather’ clause a dead letter.
In effect, then, the abuse of presidential term limits in the countries in the sample here ended in the early post-war period. This is partly because in the post-war period most European democracies have had figurehead presidents, leaving little incentive to abuse term-limit provisions. More importantly, the abuse of term limits is endogenous to the abuse of the rule of law more generally. In other words, the abuse of term limits is a symptom of a democracy in decline, rather than the cause. Given democracy in Europe has remained strong, term limits have been respected. We only have to look at a European country outside the sample here, Belarus, to see how term limits were abused when democracy itself was abolished.
It is worth noting, though, that in four European countries in the sample, there are currently no presidential term limits. They are Cyprus, Iceland, Italy, and Malta. In addition, two democracies previously operated for long periods without term limits – Finland from 1919-1990 and France from 1875-1940 and again from 1958-2008.
The absence of term limits has led to some ‘long’ presidencies, even when countries have been unequivocally democratic. In Finland, President Urho Kekkonen was in office from 1956-1982 and in Iceland four presidents have served for three or more terms, with President Ólafur Ragnar Grímsson holding the presidency from 1996-2016.
In Iceland, Italy, and Malta, there are figurehead presidents. So, there is little call for the introduction of presidential term limits. Cyprus, though, has a presidential system. No Cypriot president has been elected for more than two consecutive terms since Makarios III, even if a number of presidents have stood unsuccessfully for a third term. Even so, the introduction of term limits is regularly part of the political debate. Indeed, a bill to this effect is due to be debated in the legislature very soon.
Overall, in European democracies presidential term limits are, almost by definition, safe from abuse as long as the rule of law remains in place. However, in the past term limits have been abused and more recently some European democracies have witnessed ‘long’ presidencies in the absence of a presidential term-limit clause.