L’uso delle regole non scritte da parte del Capo dello Stato nella fase genetica dell’Esecutivo, tra continuità e innovazione nel contesto dei mutati sistemi politici di Spagna e Italia

The aim of this paper is to reflect on the incidence of unwritten constitutional rules in the Executive genesis in the context of a progressive fragmentation that has affected the political systems of Spain and Italy. The analysis carried out aimed to verify whether, concerning this profile, any changes have been made or whether it is possible to trace any innovations in the unwritten rules that supplement and complete the constitutional discipline. The privileged point of observation is the role that the Head of State plays between the start of consultations and the formation of the new Executive, during which the last decade has seen interesting fluctuations between continuity and innovation in the unwritten rules. In relation to this profile, it has emerged how the different degrees of rationalization of the relations between the Executive and Parliament, as well as the difference between the republican and monarchical forms, constitute two elements that naturally affected how the respective Heads of State intervened. However, in both experiences under consideration, what influenced the choices of the respective Heads of State was a common need: on the one hand, to avoid the early dissolution of the Chambers and a return to the polls and, on the other, to put an end to long periods of prorogatio of outgoing governments.