HOME

TheInfoList



OR:

The Constitution of the Italian Republic ( it, Costituzione della Repubblica Italiana) was enacted by the
Constituent Assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...
on 22 December 1947, with 453 votes in favour and 62 against. The text, which has since been amended sixteen times, was promulgated in an extraordinary edition of
Gazzetta Ufficiale The ''Gazzetta Ufficiale della Repubblica Italiana'' (Italian, ) is the official journal of record of the Italian government. It is published by the Istituto Poligrafico e Zecca dello Stato in Rome. Function The ''Gazzetta Ufficiale'' promulga ...
on 27 December 1947. The
Constituent Assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...
was elected by
universal suffrage Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or political sta ...
on 2 June 1946, on the same day as the referendum on the abolition of the monarchy was held, and it was formed by the representatives of all the
anti-fascist Anti-fascism is a political movement in opposition to fascist ideologies, groups and individuals. Beginning in European countries in the 1920s, it was at its most significant shortly before and during World War II, where the Axis powers wer ...
forces that contributed to the defeat of Nazi and Fascist forces during the
Italian Civil War The Italian Civil War ( Italian: ''Guerra civile italiana'', ) was a civil war in the Kingdom of Italy fought during World War II by Italian Fascists against the Italian partisans (mostly politically organized in the National Liberation Committ ...
. The election was held in all Italian provinces. The Constitution was drafted in 1946 and came into force on 1 January 1948, one century after the Constitution of the Kingdom of Italy, the
Statuto Albertino The Statuto Albertino (English: ''Albertine Statute'') was the constitution granted by King Charles Albert of Sardinia to the Kingdom of Sardinia on 4 March 1848 and written in Italian and French. The Statute later became the constitution of t ...
, had been enacted.


Constituent Assembly

Piero Calamandrei Piero Calamandrei (21 April 1889 – 27 September 1956) was an Italian author, jurist, soldier, university professor, and politician. Born in Florence, he was one of Italy's leading authorities on the law of civil procedure. After studies in Pis ...
, a professor of law, an authority on civil procedure, spoke in 1955 about World War II and the formation of the Italian constitution: The groups that composed the Constituent Assembly covered a wide range of the
political spectrum A political spectrum is a system to characterize and classify different political positions in relation to one another. These positions sit upon one or more geometric axes that represent independent political dimensions. The expressions politi ...
, with the prevalence of three major groups, namely
Christian democratic Christian democracy (sometimes named Centrist democracy) is a political ideology that emerged in 19th-century Europe under the influence of Catholic social teaching and neo-Calvinism. It was conceived as a combination of modern democrati ...
s, liberals and leftists. All these groups were deeply
anti-fascist Anti-fascism is a political movement in opposition to fascist ideologies, groups and individuals. Beginning in European countries in the 1920s, it was at its most significant shortly before and during World War II, where the Axis powers wer ...
, so there was general agreement against an authoritarian constitution, putting more emphasis on the
legislative power A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known a ...
and making the
executive power The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state. In political systems b ...
dependent on it. So the Constitution doesn't follow the concept of
separation of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typi ...
as conceived by major figures of the Enlightenment like
Kant Immanuel Kant (, , ; 22 April 1724 – 12 February 1804) was a German philosopher and one of the central Enlightenment thinkers. Born in Königsberg, Kant's comprehensive and systematic works in epistemology, metaphysics, ethics, and aest ...
and
Montesquieu Charles Louis de Secondat, Baron de La Brède et de Montesquieu (; ; 18 January 168910 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher. He is the princi ...
, and incorporates mechanisms to protect the needs of governmental stability while avoiding any degeneration of
parliamentarism A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of t ...
. All the different political and social views of the Assembly contributed in shaping and influencing the final text of the Constitution. For example, constitutional protections concerning
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
and the
family Family (from la, familia) is a group of people related either by consanguinity (by recognized birth) or affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its members and of society. Idea ...
reflect
natural law Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacte ...
themes as viewed by
Roman Catholics The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
, while those concerning
workers' rights Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, these rights inf ...
reflect
socialist Socialism is a left-wing economic philosophy and movement encompassing a range of economic systems characterized by the dominance of social ownership of the means of production as opposed to private ownership. As a term, it describes the ...
and
communist Communism (from Latin la, communis, lit=common, universal, label=none) is a far-left sociopolitical, philosophical, and economic ideology and current within the socialist movement whose goal is the establishment of a communist society, ...
views. This has been repeatedly described as the constitutional compromise, and all the parties that shaped the Constitution were referred to as the ''arco costituzionale'' (literally, "
Constitutional Arch The term Constitutional arch (Italian: ''Arco costituzionale'') was used in the post-war Italian political discourse to describe the parties that had taken part in the drafting and approval of the Italian Constitution, and which persisted as a loo ...
"). There were 556 members of the Constituent Assembly, of which 21 were women, with 9 from the
Christian Democratic Christian democracy (sometimes named Centrist democracy) is a political ideology that emerged in 19th-century Europe under the influence of Catholic social teaching and neo-Calvinism. It was conceived as a combination of modern democrati ...
group, 9 from the
Communist Communism (from Latin la, communis, lit=common, universal, label=none) is a far-left sociopolitical, philosophical, and economic ideology and current within the socialist movement whose goal is the establishment of a communist society, ...
group, 2 from the
Socialist Socialism is a left-wing economic philosophy and movement encompassing a range of economic systems characterized by the dominance of social ownership of the means of production as opposed to private ownership. As a term, it describes the ...
group, and 1 from the Common Man's group. These members came from all walks of life, including politicians, philosophers and partisans; and many of them went on to become important figures in the Italian political history.


Provisions

The Constitution is composed of 139 articles (five of which were later abrogated) and arranged into three main parts: ''Principi Fondamentali'', the Fundamental Principles (articles 1–12); Part I concerning the ''Diritti e Doveri dei Cittadini'', or Rights and Duties of Citizens (articles 13–54); and Part II the ''Ordinamento della Repubblica'', or Organisation of the Republic (articles 55–139); followed by 18 ''Disposizioni transitorie e finali'', the Transitory and Final Provisions. It is important to note that the Constitution primarily contains general principles; it is not possible to apply them directly. As with many written constitutions, only few articles are considered to be self-executing. The majority require enabling legislation, referred to as ''accomplishment of constitution''. This process has taken decades and some contend that, due to various political considerations, it is still not complete.


Preamble

The
preamble A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subj ...
to the Constitution consists of the
enacting formula An enacting clause is a short phrase that introduces the main provisions of a law enacted by a legislature. It is also called enacting formula or enacting words. It usually declares the source from which the law claims to derive its authority. In ...
: ''The provisional Head of State, by virtue of the deliberations of the Constituent Assembly, which in the session of 22 December 1947 approved the Constitution of the Italian Republic; by virtue of Final Provision XVIII of the Constitution; promulgates the Constitution of the Italian Republic in the following text:''


Fundamental Principles (Articles 1–12)

The Fundamental Principles declare the foundations on which the Republic is established, starting with its democratic nature, in which the
sovereignty Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
belongs to the people and is exercised by the people in the forms and within the limits of the Constitution. The Principles recognise the dignity of the person, both as an individual and in social groups, expressing the notions of
solidarity ''Solidarity'' is an awareness of shared interests, objectives, standards, and sympathies creating a psychological sense of unity of groups or classes. It is based on class collaboration.''Merriam Webster'', http://www.merriam-webster.com/dicti ...
and equality without distinction of sex, race, language, religion, political opinion, personal and social conditions. For this purpose, the
right to work The right to work is the concept that people have a human right to work, or engage in productive employment, and should not be prevented from doing so. The right to work is enshrined in the Universal Declaration of Human Rights and recognized ...
is also recognized, with labour considered the foundation of the Republic and a mean to achieve individual and social development: every citizen has a duty to contribute to the development of the society, as much as they can, and the
Government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
must ensure the freedom and equality of every citizen. While the Principles recognise the
territorial integrity Territorial integrity is the principle under international law that gives the right to sovereign states to defend their borders and all territory in them of another state. It is enshrined in Article 2(4) of the UN Charter and has been recognized ...
of the Republic, they also recognise and promote local autonomies and safeguard
linguistic minorities A minority language is a language spoken by a minority of the population of a territory. Such people are termed linguistic minorities or language minorities. With a total number of 196 sovereign states recognized internationally (as of 2019) and ...
. They also promote scientific, technical, and cultural development, and safeguard the environmental, historical, and artistic heritage of the
nation A nation is a community of people formed on the basis of a combination of shared features such as language, history, ethnicity, culture and/or society. A nation is thus the collective identity of a group of people understood as defined by th ...
, with a particular mention of the protection of the
environment Environment most often refers to: __NOTOC__ * Natural environment, all living and non-living things occurring naturally * Biophysical environment, the physical and biological factors along with their chemical interactions that affect an organism or ...
, the
biodiversity Biodiversity or biological diversity is the variety and variability of life on Earth. Biodiversity is a measure of variation at the genetic ('' genetic variability''), species ('' species diversity''), and ecosystem ('' ecosystem diversity'') ...
, and the
ecosystem An ecosystem (or ecological system) consists of all the organisms and the physical environment with which they interact. These biotic and abiotic components are linked together through nutrient cycles and energy flows. Energy enters the syst ...
s in the interest of
future generations Future generations are cohorts of hypothetical people not yet born. Future generations are contrasted with current and past generations, and evoked in order to encourage thinking about intergenerational equity. The moral patienthood of future g ...
. The State and the
Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.3 billion baptized Catholics Catholic Church by country, worldwide . It is am ...
are recognised as independent and sovereign, each within its own sphere.
Freedom of religion Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedo ...
is also recognised, with all religions having the right of self-organisation, as long as they don't conflict with the law, and the possibility to establish a relation with the State through agreements. In particular, Article 7 recognises the
Lateran Treaty The Lateran Treaty ( it, Patti Lateranensi; la, Pacta Lateranensia) was one component of the Lateran Pacts of 1929, agreements between the Kingdom of Italy under King Victor Emmanuel III of Italy and the Holy See under Pope Pius XI to settl ...
of 1929, which gave a special status to the
Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.3 billion baptized Catholics Catholic Church by country, worldwide . It is am ...
, and allows modification to such treaty without the need of
constitutional amendment A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, ...
s. In fact, the treaty was later modified by a new agreement between church and state in 1984. The Principles mention the
international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
and the rights of the foreigner, in particular the
right of asylum The right of asylum (sometimes called right of political asylum; ) is an ancient juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, like a second country or another ent ...
for people who are denied in their home country the freedoms guaranteed by the Italian Constitution, or who are accused of political offences. They also repudiate
war of aggression A war of aggression, sometimes also war of conquest, is a military conflict waged without the justification of self-defense, usually for territorial gain and subjugation. Wars without international legality (i.e. not out of self-defense nor sanc ...
and promote and encourage international organisations aimed to achieve peace and justice among nations, even agreeing to limit
sovereignty Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
, on condition of equality with other countries, if necessary to achieve these goals. The last of the Principles establishes the Italian tricolour as the
flag of Italy The national flag of Italy ( it, Bandiera d'Italia, ), often referred to in Italian as ''il Tricolore'' ( en, the Tricolour, ) is a tricolour featuring three equally sized vertical pales of green, white and red, national colours of Italy, wit ...
: green, white and red, in three vertical bands of equal dimensions.


Rights and Duties of Citizens (Articles 13–54)


Civil Relations (Articles 13–28)

Articles 13–28 are the Italian equivalent of a
bill of rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pr ...
in
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
jurisdictions. The Constitution recognises ''
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, ...
'' and the
presumption of innocence The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must presen ...
; violations of
personal liberties Political freedom (also known as political autonomy or political agency) is a central concept in history and political thought and one of the most important features of democratic societies.Hannah Arendt, "What is Freedom?", ''Between Past and ...
,
properties Property is the ownership of land, resources, improvements or other tangible objects, or intellectual property. Property may also refer to: Mathematics * Property (mathematics) Philosophy and science * Property (philosophy), in philosophy an ...
and
privacy Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of ...
are forbidden without an
order Order, ORDER or Orders may refer to: * Categorization, the process in which ideas and objects are recognized, differentiated, and understood * Heterarchy, a system of organization wherein the elements have the potential to be ranked a number of ...
of the
Judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
stating a
reason Reason is the capacity of consciously applying logic by drawing conclusions from new or existing information, with the aim of seeking the truth. It is closely associated with such characteristically human activities as philosophy, science, lang ...
, and outside the limits imposed by the law. Every citizen is free to travel, both outside and inside the territory of the Republic, with restrictions granted by law only for possible health and security reasons. Citizens have the right to freely assemble, both in private and public places, peacefully and unarmed. Notifications to the authorities is required only for large meetings on public lands, which might be prohibited only for proven reason of security or public safety. The Constitution recognises the
freedom of association Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline mem ...
, within the limits of
criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law ...
. Secret associations and organisations having military character are forbidden.
Freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...
, press and
religion Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatur ...
are guaranteed in public places, except for those acts which are considered offensive by public morality. For example,
hate speech Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thoug ...
, calumny and
obscenity An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be us ...
in the public sphere are considered
criminal offence In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...
s by the Italian
Criminal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
. Every citizen is protected from political persecution and cannot be subjected to personal or financial burden outside of the law. The
right to a fair trial A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, th ...
is guaranteed, with everyone having the right to protect their rights regardless of their economic status. Conditions and forms of reparation in case of judicial errors are defined by the law, and retroactive laws are not recognized, therefore nobody can be convicted for an action which was not illegal at the time in which it took place. Criminal responsibility is considered personal, therefore
collective punishment Collective punishment is a punishment or sanction imposed on a group for acts allegedly perpetrated by a member of that group, which could be an ethnic or political group, or just the family, friends and neighbors of the perpetrator. Because ind ...
s are not recognized. A defendant is considered
innocent until proven guilty The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present c ...
, and punishments are aimed at the
rehabilitation Rehabilitation or Rehab may refer to: Health * Rehabilitation (neuropsychology), therapy to regain or improve neurocognitive function that has been lost or diminished * Rehabilitation (wildlife), treatment of injured wildlife so they can be retur ...
of the convicted. The
death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
and
cruel and unusual punishment Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisd ...
s are prohibited.
Extradition Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdi ...
of citizens is not permitted outside of those cases provided by international conventions, and is prohibited for political offences.
Public official An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their s ...
s and public agencies are directly responsible under
criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in C ...
, civil, and
administrative law Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as " regulations"), ...
for acts committed in violation of rights. Civil liabilities are also extended to the
Government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
and to the public agencies involved.


Ethical and Social Relations (Articles 29–34)

The Constitution recognises the family as a natural society founded on
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
, while marriage is simply regarded as a condition of moral and legal equality between the spouses. The law is supposed to guarantee the unity of the family, through economic measures and other benefits, and the parents have the right and duty to
raise Raise may refer to: Music *''Raise!'', the name of a 1981 album by Earth, Wind, and Fire * '' Raise'' (album), the name of a 1991 album by Swervedriver Place names * Raise, Cumbria, England *Raise (Lake District), the name of the 12th highes ...
and educate their children, even if born out of wedlock. The fulfilment of such duties is provided by the law in the case of incapacity of the parents.
Health Health, according to the World Health Organization, is "a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity".World Health Organization. (2006)''Constitution of the World Health Organ ...
is recognised in Article 32 both as a fundamental right of the individual and as a collective interest, and free medical care is guaranteed to the
indigent Poverty is the state of having few material possessions or little , and paid for by the
taxpayer A taxpayer is a person or organization (such as a company) subject to pay a tax. Modern taxpayers may have an identification number, a reference number issued by a government to citizens or firms. The term "taxpayer" generally characterizes o ...
s. Nobody can be forced to undergo any health treatment, except under the provisions of the law; the law is aimed at the respect of the
human dignity Dignity is the right of a person to be valued and respected for their own sake, and to be treated ethically. It is of significance in morality, ethics, law and politics as an extension of the Enlightenment-era concepts of inherent, inaliena ...
.
Freedom of education Freedom of education is the right for parents to have their children educated in accordance with their religious and other views, allowing groups to be able to educate children without being impeded by the nation state. Freedom of education is a ...
is guaranteed, mentioning in particular the free teaching of the
arts The arts are a very wide range of human practices of creative expression, storytelling and cultural participation. They encompass multiple diverse and plural modes of thinking, doing and being, in an extremely broad range of media. Both ...
and
sciences Science is a systematic endeavor that builds and organizes knowledge in the form of testable explanations and predictions about the universe. Science may be as old as the human species, and some of the earliest archeological evidence ...
. General rules of education are established by law, which also establishes public schools of all branches and grades. The Constitution prescribes
exam An examination (exam or evaluation) or test is an educational assessment intended to measure a test-taker's knowledge, skill, aptitude, physical fitness, or classification in many other topics (e.g., beliefs). A test may be administered verba ...
inations for admission to and graduation from the various branches and grades and for qualification to exercise a profession.
Private school Private or privates may refer to: Music * " In Private", by Dusty Springfield from the 1990 album ''Reputation'' * Private (band), a Denmark-based band * "Private" (Ryōko Hirosue song), from the 1999 album ''Private'', written and also recorde ...
s are required to meet the same standards of education and qualifications, while
universities A university () is an institution of higher (or tertiary) education and research which awards academic degrees in several academic disciplines. Universities typically offer both undergraduate and postgraduate programs. In the United State ...
and
academies An academy (Attic Greek: Ἀκαδήμεια; Koine Greek Ἀκαδημία) is an institution of secondary or tertiary higher learning (and generally also research or honorary membership). The name traces back to Plato's school of philosop ...
can establish their own regulations within the limits of the law. Education is also a
right Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical ...
, with a compulsory and free
primary education Primary education or elementary education is typically the first stage of formal education, coming after preschool/ kindergarten and before secondary school. Primary education takes place in '' primary schools'', ''elementary schools'', or ...
, given for at least eight years. The highest levels of education are a right also for capable and deserving pupils, regardless of their financial status. To this end
scholarship A scholarship is a form of financial aid awarded to students for further education. Generally, scholarships are awarded based on a set of criteria such as academic merit, diversity and inclusion, athletic skill, and financial need. Scholars ...
s, allowances to families and other benefits can be assigned by the Republic through competitive examinations.


Economic Relations (Articles 35–47)

According to the Constitution, the Republic protects labour in all its forms and practices, providing for
training Training is teaching, or developing in oneself or others, any skills and knowledge or fitness that relate to specific useful competencies. Training has specific goals of improving one's capability, capacity, productivity and performance. I ...
and professional advancement of workers, promoting and encouraging international agreements and organisations that protect
labour rights Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, these rights influe ...
. It also gives the freedom to emigrate and protects Italian workers abroad.
Unfree labour Forced labour, or unfree labour, is any work relation, especially in modern or early modern history, in which people are employed against their will with the threat of destitution, detention, violence including death, or other forms of ex ...
is outlawed, with workers having the right to a
salary A salary is a form of periodic payment from an employer to an employee, which may be specified in an employment contract. It is contrasted with piece wages, where each job, hour or other unit is paid separately, rather than on a periodic basis. F ...
commensurate with the quantity and quality of their work and a
minimum wage A minimum wage is the lowest remuneration that employers can legally pay their employees—the price floor below which employees may not sell their labor. Most countries had introduced minimum wage legislation by the end of the 20th century. B ...
guaranteed in order to ensure them and their families a free and dignified existence. The
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
establishes maximum daily working hours and the right to a weekly rest day and paid annual holidays cannot be waived. Equal rights and
equal pay for women Equal pay for equal work is the concept of labour rights that individuals in the same workplace be given equal pay. It is most commonly used in the context of sexual discrimination, in relation to the gender pay gap. Equal pay relates to the ful ...
are recognised;
working conditions {{Short description, 1=Overview of and topical guide to working time and conditions This is a list of topics on working time and conditions. Legislation * See :Employment law Working time * See :Working time * Flextime Working conditions * Bios ...
must allow women to fulfil their role in the family and must ensure the protection of mother and child. A minimum age for paid labour is established by law, with special provisions protecting the work of minors. Welfare support is available to every citizen unable to work, disabled or lacking the necessary means of subsistence. Workers are entitled to adequate help in the case of
accident An accident is an unintended, normally unwanted event that was not directly caused by humans. The term ''accident'' implies that nobody should be blamed, but the event may have been caused by unrecognized or unaddressed risks. Most researche ...
, sickness,
disability Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be cognitive, developmental, intellectual, mental, physical, ...
, old age and
involuntary unemployment Involuntary unemployment occurs when a person is unemployed despite being willing to work at the prevailing wage. It is distinguished from voluntary unemployment, where a person refuses to work because their reservation wage is higher than the pr ...
. Private-sector assistance may be freely provided.
Trade unions A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...
may be freely established without obligations, except for registration at local or central offices and requirements such as internal democratic structures. Registered trade unions have
legal personality Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities (in this sense also called transaction capacity), or altogether the personhood itself in regard to an entity other than a natural pers ...
and may, through a unified representation that is proportional to their membership, enter into collective labour agreements that have a mandatory effect on all persons belonging to the categories referred to in the agreement. The
right to strike Strike action, also called labor strike, labour strike, or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became common during the In ...
is recognised within the limits of the law. The Constitution recognises
free enterprise In economics, a free market is an economic system in which the prices of goods and services are determined by supply and demand expressed by sellers and buyers. Such markets, as modeled, operate without the intervention of government or any ot ...
, on condition it does not damage the
common good In philosophy, economics, and political science, the common good (also commonwealth, general welfare, or public benefit) is either what is shared and beneficial for all or most members of a given community, or alternatively, what is achieved by c ...
,
safety Safety is the state of being "safe", the condition of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk. Meanings There are two slightly di ...
,
liberty Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom. In modern politics, liberty is understood as the state of being free within society fr ...
,
human dignity Dignity is the right of a person to be valued and respected for their own sake, and to be treated ethically. It is of significance in morality, ethics, law and politics as an extension of the Enlightenment-era concepts of inherent, inaliena ...
,
health Health, according to the World Health Organization, is "a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity".World Health Organization. (2006)''Constitution of the World Health Organ ...
, or the
environment Environment most often refers to: __NOTOC__ * Natural environment, all living and non-living things occurring naturally * Biophysical environment, the physical and biological factors along with their chemical interactions that affect an organism or ...
. The Republic is supposed to establish appropriate
regulations Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...
on both
public In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociology, sociological concept of the ''Öf ...
and
private-sector The private sector is the part of the economy, sometimes referred to as the citizen sector, which is owned by private groups, usually as a means of establishment for profit or non profit, rather than being owned by the government. Employment Th ...
economic activities Economics () is the social science that studies the production, distribution, and consumption of goods and services. Economics focuses on the behaviour and interactions of economic agents and how economies work. Microeconomics analyze ...
, in order to orient them toward social and environmental purposes.
Public In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociology, sociological concept of the ''Öf ...
and
private properties Private or privates may refer to: Music * "In Private", by Dusty Springfield from the 1990 album ''Reputation'' * Private (band), a Denmark-based band * "Private" (Ryōko Hirosue song), from the 1999 album ''Private'', written and also recorded ...
are recognised, guaranteed and regulated by the law, with particular mention of the regulation of
inheritance Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Of ...
and the possibility of
expropriation Nationalization (nationalisation in British English) is the process of transforming privately-owned assets into public assets by bringing them under the public ownership of a national government or state. Nationalization usually refers to p ...
with obligation of compensation in the
public interest The public interest is "the welfare or well-being of the general public" and society. Overview Economist Lok Sang Ho in his ''Public Policy and the Public Interest'' argues that the public interest must be assessed impartially and, therefor ...
. Also, to ensure the rational use of land and equitable social relationships, there could be constraints on the private ownership and size of land. The Republic protects, promotes and regulates small and medium-sized businesses,
cooperative A cooperative (also known as co-operative, co-op, or coop) is "an autonomous association of persons united voluntarily to meet their common economic, social and cultural needs and aspirations through a jointly owned and democratically-contro ...
s and
handicrafts A handicraft, sometimes more precisely expressed as artisanal handicraft or handmade, is any of a wide variety of types of work where useful and decorative objects are made completely by one’s hand or by using only simple, non-automated re ...
and recognises the right of workers to collaborate in the management of enterprises, within the limits of the law. Private
saving Saving is income not spent, or deferred consumption. Methods of saving include putting money aside in, for example, a deposit account, a pension account, an investment fund, or as cash. Saving also involves reducing expenditures, such as recur ...
s and credit operations are encouraged, protected and overseen.


Political Relations (Articles 48–54)

Article 48 of the Constitution recognises the
right to vote Suffrage, political franchise, or simply franchise, is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to v ...
of every citizen, male or female, at home or abroad, who has attained
majority A majority, also called a simple majority or absolute majority to distinguish it from related terms, is more than half of the total.Dictionary definitions of ''majority'' aMerriam-WebsterVoting Voting is a method by which a group, such as a meeting or an electorate, can engage for the purpose of making a collective decision or expressing an opinion usually following discussions, debates or election campaigns. Democracies elect holde ...
is also considered a civic duty and the law must guarantee that every citizen is able to fulfill this right, establishing among other things, in 2000,
overseas constituencies An overseas constituency or overseas electoral district is any electoral district located outside of a nation-state's borders but which is recognized by the state's government as a district for the representation of its expatriate (and, technically ...
represented in the
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
. The right to vote cannot be restricted except for civil incapacity, irrevocable penal sentences or in cases of moral unworthiness as laid down by the law.
Political parties A political party is an organization that coordinates candidates to compete in a particular country's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific political ideology ...
may be freely established and
petitions A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication. In the colloquial sense, a petition is a document addressed to some offi ...
to
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
by private citizens are recognised in order to promote the democratic process and express the needs of the people. Any citizen, male or female, at home or abroad, is eligible for public office on the conditions established by law. To this end, the Republic adopts specific measures to promote equal opportunities between men and women, and for
Italians , flag = , flag_caption = The national flag of Italy , population = , regions = Italy 55,551,000 , region1 = Brazil , pop1 = 25–33 million , ref1 = , region2 ...
not resident in the territory of the Republic. Every elected official is entitled to the time needed to perform that function and to retain a previously held job. Article 52 states that the defence of the
homeland A homeland is a place where a cultural, national, or racial identity has formed. The definition can also mean simply one's country of birth. When used as a proper noun, the Homeland, as well as its equivalents in other languages, often has ethn ...
(''Patria'') is mandatory and the "sacred duty for every citizen". It also stipulates that
national service National service is the system of voluntary government service, usually military service. Conscription is mandatory national service. The term ''national service'' comes from the United Kingdom's National Service (Armed Forces) Act 1939. The ...
is performed within the limits and in the manner set by law. Since 2003, Italy has no more
conscription Conscription (also called the draft in the United States) is the state-mandated enlistment of people in a national service, mainly a military service. Conscription dates back to Ancient history, antiquity and it continues in some countries to th ...
, even though it can be reinstated if required. The fulfilment of which cannot prejudice a citizen's employment, nor the exercise of political rights. Particular mention is given to the democratic spirit of the Republic as the basis for the regulation of the armed forces. The Constitution establishes a progressive form of
taxation A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal entity) by a governmental organization in order to fund government spending and various public expenditures (regional, local, o ...
, which requires every citizen to contribute to public expenditure in accordance with their capability. Also, Article 54 states that every citizen has the duty to be loyal to the Republic and to uphold its Constitution and laws. Elected officials have the duty to fulfil their functions with discipline and honour, taking an
oath Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to g ...
to that effect in those cases established by law.


Organisation of the Republic (Articles 55–139)

Power is divided among the executive, the legislative and judicial branches; the Constitution establishes the balancing and interaction of these branches, rather than their rigid separation.


Parliament (Articles 55–82)


=The Houses (Articles 55–69)

= Article 55 establishes the
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
as a bicameral entity, consisting of the
Chamber of Deputies The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures. Description Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
and the Senate of the Republic, which are elected every five years with no extension, except by law and only in the case of war, and which meet in joint session only in cases established by the Constitution. The Chamber of deputies is elected by
direct Direct may refer to: Mathematics * Directed set, in order theory * Direct limit of (pre), sheaves * Direct sum of modules, a construction in abstract algebra which combines several vector spaces Computing * Direct access (disambiguation), ...
and
universal suffrage Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or political sta ...
. There are 400 deputies, eight of which are elected in the
overseas constituencies An overseas constituency or overseas electoral district is any electoral district located outside of a nation-state's borders but which is recognized by the state's government as a district for the representation of its expatriate (and, technically ...
, while the number of seats among the other
electoral district An electoral district, also known as an election district, legislative district, voting district, constituency, riding, ward, division, or (election) precinct is a subdivision of a larger state (a country, administrative region, or other poli ...
s is obtained by dividing the number of citizens residing in the territory of the Republic by 392 and by distributing the seats proportionally to the population in every electoral district, on the basis of whole shares and highest remainders. All voters over the age of twenty-five are eligible to be deputies. The Senate of the Republic is elected by
direct Direct may refer to: Mathematics * Directed set, in order theory * Direct limit of (pre), sheaves * Direct sum of modules, a construction in abstract algebra which combines several vector spaces Computing * Direct access (disambiguation), ...
and
universal suffrage Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or political sta ...
. There are 200 senators, four of whom are elected in the
overseas constituencies An overseas constituency or overseas electoral district is any electoral district located outside of a nation-state's borders but which is recognized by the state's government as a district for the representation of its expatriate (and, technically ...
, while the others are elected on a regional basis in proportion to the population of each
Region In geography, regions, otherwise referred to as zones, lands or territories, are areas that are broadly divided by physical characteristics ( physical geography), human impact characteristics ( human geography), and the interaction of humanity an ...
similarly to the method used for the
Chamber of deputies The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures. Description Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
, with no
Region In geography, regions, otherwise referred to as zones, lands or territories, are areas that are broadly divided by physical characteristics ( physical geography), human impact characteristics ( human geography), and the interaction of humanity an ...
having fewer than three senators, except for
Molise it, Molisano (man) it, Molisana (woman) , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = , demographics1_footnotes = , demographics1_title1 = , demographics1_info1 ...
having two, and Valle d'Aosta having one. There are also a small number of
senators for life A senator for life is a member of the senate or equivalent upper chamber of a legislature who has life tenure. , six Italian senators out of 206, two out of the 41 Burundian senators, one Congolese senator out of 109, and all members of the Bri ...
, such as former Presidents, by right unless they resign, and citizens appointed by the President of the Republic, in number up to five, for having brought honour to the
nation A nation is a community of people formed on the basis of a combination of shared features such as language, history, ethnicity, culture and/or society. A nation is thus the collective identity of a group of people understood as defined by th ...
with their achievements in the
social Social organisms, including human(s), live collectively in interacting populations. This interaction is considered social whether they are aware of it or not, and whether the exchange is voluntary or not. Etymology The word "social" derives from ...
,
scientific Science is a systematic endeavor that builds and organizes knowledge in the form of testable explanations and predictions about the universe. Science may be as old as the human species, and some of the earliest archeological evidence for ...
,
artistic Art is a diverse range of human activity, and resulting product, that involves creative or imaginative talent expressive of technical proficiency, beauty, emotional power, or conceptual ideas. There is no generally agreed definition of wh ...
and
literary Literature is any collection of written work, but it is also used more narrowly for writings specifically considered to be an art form, especially prose fiction, drama, and poetry. In recent centuries, the definition has expanded to includ ...
fields. All voters over the age of forty are eligible to be senators. Disqualifications for the office of deputy or senator are determined by law and verified for
members Member may refer to: * Military jury, referred to as "Members" in military jargon * Element (mathematics), an object that belongs to a mathematical set * In object-oriented programming, a member of a class ** Field (computer science), entries in ...
by each House even after the election; and nobody can be a member of both Houses at the same time. New elections must take place within seventy days from the end of the term of the old Parliament. The first meeting is convened no later than twenty days after the elections, and until such time the powers of the previous Houses are extended. In default of any other provisions, Parliament has to be convened on the first working day of February and October.
Special session In a legislature, a special session (also extraordinary session) is a period when the body convenes outside of the normal legislative session. This most frequently occurs in order to complete unfinished tasks for the year (often delayed by confli ...
s for one of the Houses may be convened by its
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
, the President of the Republic or a third of its members; and in such cases the other House is convened as a matter of course. The
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
and Bureau of each House is elected among its member and during joint sessions the President and Bureau are those of the Chamber of Deputies. Each House adopts its rules by an
absolute majority A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority r ...
and, unless otherwise decided, the sittings are public. Members of the Government have the right and, if demanded, the obligation to attend, and shall be heard when they so request. The
quorum A quorum is the minimum number of members of a deliberative assembly (a body that uses parliamentary procedure, such as a legislature) necessary to conduct the business of that group. According to '' Robert's Rules of Order Newly Revised'', the ...
for decisions in each House and in a joint session is a majority of the members, and the Constitution prescribes the majority required of those present for passing a decision. Members of Parliament do not have a binding mandate, cannot be held accountable for the opinions expressed or votes cast while performing their functions, and cannot be submitted to personal or home search, arrested, detained or otherwise deprived of personal freedoms without the authorisation of their House, except when a final court sentence is enforced, or when the member is apprehended
in flagrante delicto ''In flagrante delicto'' (Latin for "in blazing offence") or sometimes simply ''in flagrante'' ("in blazing") is a legal term used to indicate that a criminal has been caught in the act of committing an offence (compare ). The colloquial "caught ...
. The salary of the members of Parliament is established by law.


=Legislative Process (Articles 70–82)

= Article 70 gives the
legislative power A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known a ...
to both Houses, and bills can be introduced by the
Government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
, by a member of Parliament and by other entities as established by the Constitution. The citizens can also propose bills drawn up in articles and signed by at least fifty-thousand voters. Each House shall establish rules for reviewing a bill, starting with the scrutiny by a Committee and then the consideration section by section by the whole House, which will then put it to a final vote. The ordinary procedure for consideration and direct approval by each House must be followed for bills regarding constitutional and electoral matters, delegating legislation,
ratification Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties inten ...
of
international treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pe ...
and the approval of budgets and accounts. The rules shall also establish the ways in which the proceedings of Committees are made public. After the approval by the
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
, laws are promulgated by the President of the Republic within one month or a deadline established by an absolute majority of the Parliament for laws declared urgent. A law is published immediately after promulgation and comes into force on the fifteenth day after publication, unless otherwise established. The President can
veto A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto ...
a bill and send it back to Parliament stating a reasoned opinion. If such law is passed again, the veto is overruled and the President must sign it. The Constitution recognises general referendums for repealing a law or part of it, when they are requested by five hundred thousand voters or five Regional Councils; while referendums on a law regulating
taxes A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal entity) by a governmental organization in order to fund government spending and various public expenditures (regional, local, o ...
, the
budget A budget is a calculation play, usually but not always financial, for a defined period, often one year or a month. A budget may include anticipated sales volumes and revenues, resource quantities including time, costs and expenses, environme ...
,
amnesty Amnesty (from the Ancient Greek ἀμνηστία, ''amnestia'', "forgetfulness, passing over") is defined as "A pardon extended by the government to a group or class of people, usually for a political offense; the act of a sovereign power offici ...
or
pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...
, or a law ratifying an
international treaty A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...
are not recognised. Any citizen entitled to vote for the Chamber of Deputies has the right to vote in a referendum, and if the majority of those eligible has voted and a majority of valid votes has been achieved, the referendum is considered carried. The
Government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
cannot have legislative functions, except for a limited times and for specific purposes established in cases of necessity and urgency, and cannot issue a decree having the force of a law without an enabling act from the Parliament. Temporary measures shall lose effect from the beginning if not transposed into law by the Parliament within sixty days of their publication. Parliament may regulate the legal relations arisen from the rejected measures. The Constitution gives to the Parliament the authority to declare a state of war and to vest the necessary powers into the
Government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
. The Parliament has also the authority to grant amnesties and
pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...
s through a law having a two-thirds majority in both Houses, on each section and on the final vote, and having a deadline for implementation. Such amnesties and pardons cannot be granted for crimes committed after the introduction of such bill. Parliament can authorise by law the ratification of such
international treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pe ...
as have a political nature, require arbitration or a legal settlement, entail change of borders, spending or new legislation. Budget and financial statements introduced by the
Government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
must be passed by the Parliament every year, while provisional implementation of the budget may not be allowed except by law and for no longer than four months. The budget must balance revenue and expenditure, taking account of the adverse and favourable phases of the
economic cycle Business cycles are intervals of expansion followed by recession in economic activity. These changes have implications for the welfare of the broad population as well as for private institutions. Typically business cycles are measured by examini ...
, which can be the only justification for borrowing. New or increased expenditure must be introduced by laws providing for the resources to cover it. Both Houses can conduct enquiries on matters of public interest, through a Committee of its Members representing the proportionality of existing parties. A Committee of Enquiry may conduct investigations and examination with the same powers and limitations as the
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
.


The President of the Republic (Articles 83–91)

The President of the Republic is elected for seven years by the Parliament in joint session, together with three delegates from each
Region In geography, regions, otherwise referred to as zones, lands or territories, are areas that are broadly divided by physical characteristics ( physical geography), human impact characteristics ( human geography), and the interaction of humanity an ...
, except for Valle d'Aosta having one, elected by the Regional Councils in order to ensure the representation of minorities. The election is by secret ballot initially with a majority of two-thirds of the assembly, while after the third ballot an
absolute majority A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority r ...
is sufficient. Thirty days before the end of the term of the current President of the Republic, the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
of the
Chamber of Deputies The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures. Description Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
must summon a joint session of Parliament and the regional delegates to elect the new President of the Republic. During or in the three months preceding the
dissolution of Parliament The dissolution of a legislative assembly is the mandatory simultaneous resignation of all of its members, in anticipation that a successive legislative assembly will reconvene later with possibly different members. In a democracy, the new assemb ...
, the election must be held within the first fifteen days of the first sitting of a new Parliament. In the meantime, the powers of the incumbent President of the Republic are extended. Any citizen over fifty enjoying civil and political rights can be elected president. Those citizens who already hold any other office are barred from becoming president, unless they resign their previous office once they are elected. The salary and privileges of the president are established by law. In all the cases in which the president is unable to perform the functions of the Office, these shall be performed by the President of the Senate of the Republic. In the event of permanent incapacity, death or resignation of the President of the Republic, the President of the Chamber of Deputies must call an election of a new President of the Republic within fifteen days, notwithstanding the longer term envisaged during dissolution of the Parliament or in the three months preceding dissolution. According to the Constitution, the primary role of the president, as head of the state, is to represent the national unity. Among the powers of the
president President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
are the capacity to * send messages to
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
, authorise the introduction of bills by the
Government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
, and promulgate laws, decrees and regulations, * dissolve one or both
Houses of Parliament The Palace of Westminster serves as the meeting place for both the House of Commons and the House of Lords, the two houses of the Parliament of the United Kingdom. Informally known as the Houses of Parliament, the Palace lies on the north ban ...
, in consultation with their presidents, except during the last six months of his term (known as the ''
semestre bianco The (in English, "white semester") is an Italian legislative term referring to the last six months of the President of Italy's seven-year term of office. According to Article 88 of the Italian Constitution, the President cannot dissolve the Italian ...
''), unless that period coincides at least in part with the final six months of the
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
, * call a general
referendum A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...
under certain circumstances established by the Constitution, * appoint State officials in the cases established by law, * accredit and receive diplomats, and ratify
international treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pe ...
, after the Parliament's authorisation when required, * make
declarations of war A declaration of war is a formal act by which one state announces existing or impending war activity against another. The declaration is a performative speech act (or the signing of a document) by an authorized party of a national government, in ...
agreed upon by the
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
, as commander-in-chief of the
armed forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
, * grant
pardons A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...
, commute sentences, and confer honorary distinctions of the Republic. The
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
also presides over the High Council of the Judiciary and the Supreme Council of Defence. A
writ In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...
from the President cannot be valid unless signed by the proposing Minister, and in order to have force of law must be countersigned by the President of the Council of ministers. The President is not responsible for the actions performed in the exercise of his duties, except for
high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
and violation of the Constitution, for which the President can be
impeached Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...
by the Parliament in joint session, with an absolute majority of its members. Before taking office, the President must take an
oath Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to g ...
of allegiance to the Republic and pledge to uphold the Constitution before the Parliament in joint session.


The Government (Articles 92–100)


=The Council of Ministers (Articles 92–96)

= The Government of the Republic is composed of the President of the Council of ministers and the other Ministers. The President of the Republic appoints the President of the Council and, on his proposal, the Ministers that form its
cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filin ...
; swearing them all in before they can take office. All the appointees must receive, within ten days of the appointments, the confidence of both Houses for the formation of a Government, each House being able to grant or withdraw its confidence through a reasoned motion voted on by roll-call. If one or both Houses vote against a bill proposed by the Government, this does not entail the obligation to resign, however sometimes the President of the Council does attach a confidence vote to a proposal of importance according to the Government. If the majority coalition in one or both Houses does not support the Government anymore, a motion of no-confidence can be presented. It must be signed by at least one-tenth of the members of the House and cannot be debated earlier than three days from its presentation. The primary function of the President of the council is to conduct the general policy of the Government, holding responsibility for it. The President of the Council ensures the coherence of political and administrative policies, by promoting and co-ordinating the activities of the Ministers. The Ministers are collectively responsible for the acts of the
Council of Ministers A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/ shire level, but most legislative bodies at the state/provincial or ...
. They are also individually responsible for the acts of their own ministries. The organisation of the Presidency of the council, as well as the number, competence and organisation of the ministries is established by law. The Members of the Council of ministers, even if they resign from office, are subject to normal justice for crimes committed in the exercise of their duties, provided authorisation is given by the Senate of the Republic or the
Chamber of Deputies The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures. Description Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
, in accordance with the norms provided by the
Constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe ...
.


=Public Administration (Articles 97–98)

= General government entities must ensure a
balanced budget A balanced budget (particularly that of a government) is a budget in which revenues are equal to expenditures. Thus, neither a budget deficit nor a budget surplus exists (the accounts "balance"). More generally, it is a budget that has no budget ...
and a sustainable public debt, in accordance with the
European Union law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
. The organisation of public offices is established by the law, in order to ensure the
efficiency Efficiency is the often measurable ability to avoid wasting materials, energy, efforts, money, and time in doing something or in producing a desired result. In a more general sense, it is the ability to do things well, successfully, and without ...
and
impartiality Impartiality (also called evenhandedness or fair-mindedness) is a principle of justice holding that decisions should be based on objective criteria, rather than on the basis of bias, prejudice, or preferring the benefit to one person over another ...
of administration. The regulations of the offices lay down the areas of competence, the duties and the responsibilities of the officials. Employment in public administration is accessed through competitive examinations, except in the cases established by law.
Civil servants The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...
are exclusively at the service of the
nation A nation is a community of people formed on the basis of a combination of shared features such as language, history, ethnicity, culture and/or society. A nation is thus the collective identity of a group of people understood as defined by th ...
. If they are
Members of Parliament A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members of ...
, they cannot be promoted in their services, except through seniority. Limitations are established by law on the right to become members of political parties in the case of magistrates, career military staff in active service, law enforcement officers, and overseas diplomatic and consular representatives.


=Auxiliary Bodies (Articles 99–100)

= The
National Council for Economics and Labour The National Council for Economics and Labour (in italian, ''Consiglio nazionale dell'economia e del lavoro'' or CNEL) is a constitutional organ provided for by Article 99 of Constitution of Italy and established in 1957. The CNEL is an assembly ...
(CNEL) is composed, as set out by law, of experts and representatives of the economic categories, in such a proportion as to take account of their numerical and qualitative importance. It serves as a consultative body for
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
and the
Government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
on those matters and those functions attributed to it by law. It can initiate legislation and may contribute to drafting economic and social legislation according to the principles and within the limitations laid out by law. The
Council of State A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...
is a legal-administrative consultative body and it oversees the administration of justice. The
Court of Accounts A Court of Audit or Court of Accounts is a Supreme audit institution, i.e. a government institution performing financial and/or legal audit (i.e. Statutory audit or External audit) on the executive branch of power. See also *Most of those ins ...
exercises preventive control over the legitimacy of Government measures, and also ex-post auditing of the administration of the
State budget A government budget is a document prepared by the government and/or other political entity presenting its anticipated tax revenues (Inheritance tax, income tax, corporation tax, import taxes) and proposed spending/expenditure (Healthcare, Educa ...
. It participates, in the cases and ways established by law, in auditing the financial management of the entities receiving regular budgetary support from the
State State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
. It reports directly to Parliament on the results of audits performed. The law ensures the independence from the Government of the two bodies and of their members.


The Judicial Branch (Articles 101–113)


=The Organisation of the Judiciary (Articles 101–110)

= Article 101 states that
justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
is administered in the name of the people, and that
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
s are subject only to the law. The Constitution empowers the
Judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
to nominate and regulate
magistrates The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judic ...
exercising
legal proceeding Legal proceeding is an activity that seeks to invoke the power of a tribunal in order to enforce a law. Although the term may be defined more broadly or more narrowly as circumstances require, it has been noted that " e term ''legal proceedings'' i ...
s, establishing the
Judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
as autonomous and independent of all other powers. Special judges are prohibited, while only specialised sections for specific matters within the ordinary judicial bodies can be established, and must include the participation of qualified citizens who are not members of the Judiciary. The provisions concerning the organisation of the Judiciary and the judges are established by law, ensuring the independence of judges of special courts, of state prosecutors of those courts, and of other persons participating in the administration of justice. Direct participation of the people in the administration of justice is also regulated by law. The
Council of State A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...
and the other bodies of judicial administration have
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
over the protection of legitimate rights before the
public administration Public Administration (a form of governance) or Public Policy and Administration (an academic discipline) is the implementation of public policy, administration of government establishment ( public governance), management of non-profit es ...
and, in particular matters laid out by law, also of subjective rights. The
Court of Accounts A Court of Audit or Court of Accounts is a Supreme audit institution, i.e. a government institution performing financial and/or legal audit (i.e. Statutory audit or External audit) on the executive branch of power. See also *Most of those ins ...
has
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
in matters of public accounts and in other matters laid out by law. The jurisdiction of
military tribunals Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodi ...
in times of
war War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular o ...
is established by law. In times of
peace Peace is a concept of societal friendship and harmony in the absence of hostility and violence. In a social sense, peace is commonly used to mean a lack of conflict (such as war) and freedom from fear of violence between individuals or groups. ...
they have jurisdiction only for military crimes committed by members of the
Armed Forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
. The High Council of the Judiciary is presided over by the President of the Republic, two-thirds of its members are elected by all the ordinary judges belonging to the various categories, and one third are elected by
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
in joint session from among
university A university () is an institution of higher (or tertiary) education and research which awards academic degrees in several academic disciplines. Universities typically offer both undergraduate and postgraduate programs. In the United Stat ...
professors of
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
and
lawyers A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, ...
with fifteen years of practice. Its vice-president is elected by the council from among those members designated by Parliament. The members of the council are elected for four years and cannot be immediately re-elected. They also cannot be registered in professional rolls, nor serve in
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
or on a
Regional Council Regional Council may refer to: * Regional Council (Hong Kong), disbanded in 1999 ** Regional Council (constituency) Regional council may refer to: * Regional council (Cameroon) * Regional council (France), the elected assembly of a region of Fran ...
while in office. The council has jurisdiction for employment, assignments and transfers, promotions and disciplinary measures of judges, following the regulations established by the
Judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
.
Judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
s are selected through competitive examinations, while honorary judges for all the functions performed by single judges can be appointed also by election. University professors of law and lawyers with fifteen years of practice and registered in the special professional rolls for the higher courts can be appointed for their outstanding merits as
Cassation A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
councillors, following recommendations by the council. Judges cannot be removed, dismissed or suspended from office or assigned to other courts or functions unless by a decision of the council, following the rules established by the
Judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
or with the consent of the judges themselves. Judges are distinguished only by their different functions, and the state prosecutor enjoys the guarantees established by the
Judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
. The legal authorities have direct use of the judicial police. The
Minister of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
is responsible for the organisation and functioning of those services involved with justice and has the power to originate disciplinary actions against judges, which are then administered by the High Council of the Judiciary.


=Rules on Jurisdiction (Articles 111–113)

=
Jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
is implemented through
due process Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual per ...
regulated by law. Adversary proceedings,
equality before the law Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. The principle requires a systematic r ...
and the
impartiality Impartiality (also called evenhandedness or fair-mindedness) is a principle of justice holding that decisions should be based on objective criteria, rather than on the basis of bias, prejudice, or preferring the benefit to one person over another ...
of the judge are recognised for all
court trial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, ...
s, whose duration of trials is reasonably established by law. The
right to a fair trial A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, th ...
is recognized, with the defendant having the right to be promptly informed confidentially of the nature and reasons for the charges brought and the right to adequate time and conditions to prepare a defence. The rights to
direct Direct may refer to: Mathematics * Directed set, in order theory * Direct limit of (pre), sheaves * Direct sum of modules, a construction in abstract algebra which combines several vector spaces Computing * Direct access (disambiguation), ...
,
cross A cross is a geometrical figure consisting of two intersecting lines or bars, usually perpendicular to each other. The lines usually run vertically and horizontally. A cross of oblique lines, in the shape of the Latin letter X, is termed a s ...
and
redirect examination Redirect examination, in the United States, is the questioning of a witness who has already provided testimony under oath in response to direct examination as well as cross examination by the opponent. On redirect, the attorney offering the wi ...
are also recognised to both the
defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisd ...
and the
prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal tria ...
. The defendant has also the right to produce all other
evidence Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidenc ...
in favour of the defence, and to be assisted by an interpreter in the case that he or she does not speak or understand the language in which the court proceedings are conducted. The formation of evidence is based on the principle of adversary hearings and the laws regulates the cases in which the formation of evidence does not occur in an adversary proceeding with the consent of the defendant or owing to reasons of ascertained objective impossibility or proven illicit conduct.
Presumption of innocence The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must presen ...
is recognised and the guilt of the defendant cannot be established on the basis of statements by persons who by choice have always avoided cross-examination by the defendant or the defence counsel. All judicial decisions must include a statement of reasons, and appeals to the
Court of Cassation A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
in cases of violations of the law are always allowed against sentences affecting personal freedoms pronounced by ordinary and special courts, except possibly in cases of sentences by
military tribunals Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodi ...
in time of
war War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular o ...
. Appeals to the
Court of Cassation A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
against decisions of the
Council of State A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...
and the
Court of Accounts A Court of Audit or Court of Accounts is a Supreme audit institution, i.e. a government institution performing financial and/or legal audit (i.e. Statutory audit or External audit) on the executive branch of power. See also *Most of those ins ...
are permitted only for reasons of
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
. The public prosecutor has the obligation to institute criminal proceedings. The judicial safeguarding of rights and legitimate interests before the bodies of ordinary or administrative justice is always permitted against acts of the public administration. Such judicial protection cannot be excluded or limited to particular kinds of appeal or for particular categories of acts. The law determines which judicial bodies are empowered to annul acts of public administration in the cases and with the consequences provided for by the law itself.


Regions, Provinces, Municipalities (Articles 114–133)

According to Article 114 the
Republic A republic () is a " state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th ...
is composed of the
Municipalities A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the ...
(''comuni''), the
Provinces A province is almost always an administrative division within a country or state. The term derives from the ancient Roman '' provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions ou ...
, the Metropolitan Cities, the Regions and the
State State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
. Municipalities, provinces, metropolitan cities and regions are recognised as autonomous entities having their own statutes, powers and functions in accordance with the principles of Constitution.
Rome , established_title = Founded , established_date = 753 BC , founder = King Romulus ( legendary) , image_map = Map of comune of Rome (metropolitan city of Capital Rome, region Lazio, Italy).svg , map_caption ...
is the
capital Capital may refer to: Common uses * Capital city, a municipality of primary status ** List of national capital cities * Capital letter, an upper-case letter Economics and social sciences * Capital (economics), the durable produced goods used fo ...
of the Republic, and its status is regulated by law. The Constitution grants the Regions of
Aosta Valley , Valdostan or Valdotainian it, Valdostano (man) it, Valdostana (woman)french: Valdôtain (man)french: Valdôtaine (woman) , population_note = , population_blank1_title = Official languages , population_blank1 = Italian French ...
,
Friuli-Venezia Giulia (man), it, Friulana (woman), it, Giuliano (man), it, Giuliana (woman) , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = , demographics1_footnotes = , demographics1_t ...
,
Sardinia Sardinia ( ; it, Sardegna, label=Italian, Corsican and Tabarchino ; sc, Sardigna , sdc, Sardhigna; french: Sardaigne; sdn, Saldigna; ca, Sardenya, label= Algherese and Catalan) is the second-largest island in the Mediterranean Sea, aft ...
,
Sicily (man) it, Siciliana (woman) , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = Ethnicity , demographics1_footnotes = , demographi ...
,
Trentino-Alto Adige/Südtirol it, Trentino (man) it, Trentina (woman) or it, Altoatesino (man) it, Altoatesina (woman) or it, Sudtirolesegerman: Südtiroler (man)german: Südtirolerin (woman) , population_note = , population_blank1_title = Official ...
an autonomous status, acknowledging their powers in relation to legislation, administration and finance, with a particular mention of the autonomous provinces of
Trento Trento ( or ; Ladin and lmo, Trent; german: Trient ; cim, Tria; , ), also anglicized as Trent, is a city on the Adige River in Trentino-Alto Adige/Südtirol in Italy. It is the capital of the autonomous province of Trento. In the 16th centu ...
and
Bolzano Bolzano ( or ; german: Bozen, (formerly ); bar, Bozn; lld, Balsan or ) is the capital city of the province of South Tyrol in northern Italy. With a population of 108,245, Bolzano is also by far the largest city in South Tyrol and the third ...
(''Bozen''). The allocation of legislative powers between the State and the Regions is established in compliance with the Constitution and with the constraints deriving from
international treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pe ...
, besides the already mentioned autonomous status granted to some Regions. The Constitution gives the State exclusive legislative power in matters of *
foreign policy A state's foreign policy or external policy (as opposed to internal or domestic policy) is its objectives and activities in relation to its interactions with other states, unions, and other political entities, whether bilaterally or through ...
and
international relations International relations (IR), sometimes referred to as international studies and international affairs, is the scientific study of interactions between sovereign states. In a broader sense, it concerns all activities between states—such ...
, in particular with the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...
,
immigration Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, ...
,
right of asylum The right of asylum (sometimes called right of political asylum; ) is an ancient juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, like a second country or another ent ...
, legal status of non EU citizens,
citizenship Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
, civil status and register offices; * relations between the
Republic A republic () is a " state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th ...
and
religious denominations A religious denomination is a subgroup within a religion that operates under a common name and tradition among other activities. The term refers to the various Christian denominations (for example, Eastern Orthodox, Catholic, and the many variet ...
; * defence and armed forces, State security,
armaments A weapon, arm or armament is any implement or device that can be used to deter, threaten, inflict physical damage, harm, or kill. Weapons are used to increase the efficacy and efficiency of activities such as hunting, crime, law enforcement, s ...
, ammunition and explosives; * the
currency A currency, "in circulation", from la, currens, -entis, literally meaning "running" or "traversing" is a standardization of money in any form, in use or circulation as a medium of exchange, for example banknotes and coins. A more general ...
, savings protection and
financial markets A financial market is a market in which people trade financial securities and derivatives at low transaction costs. Some of the securities include stocks and bonds, raw materials and precious metals, which are known in the financial ma ...
, competition protection, foreign exchange system,
state taxation A comparison of tax rates by countries is difficult and somewhat subjective, as tax laws in most countries are extremely complex and the tax burden falls differently on different groups in each country and sub-national unit. The list focuses on ...
and accounting systems, equalisation of financial resources and harmonisation of public accounts; * state bodies and relevant electoral laws, state referendums;
elections An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office. Elections have been the usual mechanism by which modern representative democracy has opera ...
to the
European Parliament The European Parliament (EP) is one of the Legislature, legislative bodies of the European Union and one of its seven Institutions of the European Union, institutions. Together with the Council of the European Union (known as the Council and in ...
, electoral legislation, governing bodies and fundamental functions of the
Municipalities A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the ...
,
Provinces A province is almost always an administrative division within a country or state. The term derives from the ancient Roman '' provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions ou ...
and Metropolitan Cities; * legal and administrative organisation of the State and of national public agencies,
public order In criminology, public-order crime is defined by Siegel (2004) as "crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e., it is behaviour that has been labelled criminal ...
and
security" \n\n\nsecurity.txt is a proposed standard for websites' security information that is meant to allow security researchers to easily report security vulnerabilities. The standard prescribes a text file called \"security.txt\" in the well known locat ...
, with the exception of local administrative
police The police are a Law enforcement organization, constituted body of Law enforcement officer, persons empowered by a State (polity), state, with the aim to law enforcement, enforce the law, to ensure the safety, health and possessions of citize ...
; *
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
and
procedural law Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules a ...
; civil and
criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law ...
; administrative
judicial system The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
; * determination of the basic level of benefits relating to civil and social entitlements to be guaranteed throughout the
national territory A federal territory is an administrative division under the direct and usually exclusive jurisdiction of a federation's national government. A federal territory is a part of a federation, but not a part of any federated state. The states constit ...
, general provisions on
education Education is a purposeful activity directed at achieving certain aims, such as transmitting knowledge or fostering skills and character traits. These aims may include the development of understanding, rationality, kindness, and honesty ...
,
social security Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifical ...
,
customs Customs is an authority or agency in a country responsible for collecting tariffs and for controlling the flow of goods, including animals, transports, personal effects, and hazardous items, into and out of a country. Traditionally, customs ...
, protection of national borders and international
prophylaxis Preventive healthcare, or prophylaxis, consists of measures taken for the purposes of disease prevention.Hugh R. Leavell and E. Gurney Clark as "the science and art of preventing disease, prolonging life, and promoting physical and mental hea ...
; *
weights and measures A unit of measurement is a definite magnitude of a quantity, defined and adopted by convention or by law, that is used as a standard for measurement of the same kind of quantity. Any other quantity of that kind can be expressed as a multip ...
,
standard time Standard time is the synchronisation of clocks within a geographical region to a single time standard, rather than a local mean time standard. Generally, standard time agrees with the local mean time at some meridian that passes through the ...
, statistical and computerised coordination of data of state, regional and local administrations, works of the
intellect In the study of the human mind, intellect refers to, describes, and identifies the ability of the human mind to reach correct conclusions about what is true and what is false in reality; and how to solve problems. Derived from the Ancient Gre ...
, protection of the
environment Environment most often refers to: __NOTOC__ * Natural environment, all living and non-living things occurring naturally * Biophysical environment, the physical and biological factors along with their chemical interactions that affect an organism or ...
, the
ecosystem An ecosystem (or ecological system) consists of all the organisms and the physical environment with which they interact. These biotic and abiotic components are linked together through nutrient cycles and energy flows. Energy enters the syst ...
and
cultural heritage Cultural heritage is the heritage of tangible and intangible heritage assets of a group or society that is inherited from past generations. Not all heritages of past generations are "heritage"; rather, heritage is a product of selection by soc ...
. Concurring legislation applies to the following subject matters: international and EU relations of the Regions;
foreign trade International trade is the exchange of capital, goods, and services across international borders or territories because there is a need or want of goods or services. (see: World economy) In most countries, such trade represents a significant ...
; job protection and safety; education, subject to the autonomy of educational institutions and with the exception of vocational education and training; professions; scientific and technological research and innovation support for productive sectors; health protection;
nutrition Nutrition is the biochemical and physiological process by which an organism uses food to support its life. It provides organisms with nutrients, which can be metabolized to create energy and chemical structures. Failure to obtain sufficient ...
;
sports Sport pertains to any form of competitive physical activity or game that aims to use, maintain, or improve physical ability and skills while providing enjoyment to participants and, in some cases, entertainment to spectators. Sports can, ...
;
disaster relief Emergency management or disaster management is the managerial function charged with creating the framework within which communities reduce vulnerability to hazards and cope with disasters. Emergency management, despite its name, does not actual ...
; land-use planning; civil ports and airports; large transport and navigation networks;
communications Communication (from la, communicare, meaning "to share" or "to be in relation with") is usually defined as the transmission of information. The term may also refer to the message communicated through such transmissions or the field of inquir ...
; national production, transport and distribution of energy; complementary and supplementary
social security Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifical ...
; co-ordination of public finance and
taxation system A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal entity) by a governmental organization in order to fund government spending and various public expenditures (regional, local, or n ...
; enhancement of cultural and environmental properties, including the promotion and organisation of cultural activities; savings banks, rural banks, regional credit institutions; regional land and agricultural credit institutions. In the subject matters covered by concurring legislation legislative powers are vested in the Regions, except for the determination of the fundamental principles, which are laid down in State legislation. The Regions have legislative powers in all subject matters not expressly covered by State legislation. The Regions and the autonomous provinces of Trent and
Bolzano Bolzano ( or ; german: Bozen, (formerly ); bar, Bozn; lld, Balsan or ) is the capital city of the province of South Tyrol in northern Italy. With a population of 108,245, Bolzano is also by far the largest city in South Tyrol and the third ...
take part in preparatory decision-making process of EU legislative acts in the areas that fall within their responsibilities, and are also responsible for the implementation of international agreements and European measures, in the limits established by the law. Regulatory powers is vested in the State with respect to the subject matters of exclusive legislation, subject to any delegations of such powers to the Regions. Regulatory powers are vested in the Regions in all other subject matters.
Municipalities A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the ...
,
Provinces A province is almost always an administrative division within a country or state. The term derives from the ancient Roman '' provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions ou ...
and Metropolitan Cities have regulatory powers for the organisation and implementation of the functions attributed to them. Regional laws must remove any obstacle to the full equality of men and
women A woman is an adult female human. Prior to adulthood, a female human is referred to as a girl (a female child or Adolescence, adolescent). The plural ''women'' is sometimes used in certain phrases such as "women's rights" to denote female hum ...
in social, cultural and economic life and promote equal access to elected offices for men and women. Agreements between Regions aiming at improving the performance of regional functions and possibly envisaging the establishment of joint bodies shall be ratified by regional law. In the areas falling within their responsibilities, Regions can enter into agreements with foreign States and local authorities of other States in the cases and according to the forms laid down by State legislation. The administrative functions that are not attributed to the
Provinces A province is almost always an administrative division within a country or state. The term derives from the ancient Roman '' provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions ou ...
, Metropolitan Cities and Regions or to the
State State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
, are attributed to the
Municipalities A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the ...
, following the principles of
subsidiarity Subsidiarity is a principle of social organization that holds that social and political issues should be dealt with at the most immediate or local level that is consistent with their resolution. The ''Oxford English Dictionary'' defines subsidi ...
, differentiation and proportionality, to ensure their uniform implementation. Municipalities, Provinces and Metropolitan Cities also have administrative functions of their own, as well as the functions assigned to them by State or by regional legislation, according to their respective competences. State legislation provides for co-ordinated action between the State and the Regions in the subject of common competence. The State, Regions, Metropolitan Cities, Provinces and Municipalities also promote the autonomous initiatives of citizens, both as individuals and as members of associations, relating to activities of general interest, on the basis of the principle of
subsidiarity Subsidiarity is a principle of social organization that holds that social and political issues should be dealt with at the most immediate or local level that is consistent with their resolution. The ''Oxford English Dictionary'' defines subsidi ...
. The Constitution grants Municipalities, Provinces, Metropolitan Cities and Regions to have revenue and expenditure autonomy, although subjected to the obligation of a
balanced budget A balanced budget (particularly that of a government) is a budget in which revenues are equal to expenditures. Thus, neither a budget deficit nor a budget surplus exists (the accounts "balance"). More generally, it is a budget that has no budget ...
and in compliance with the
European Union law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
; as well as independent financial resources, setting and levying taxes and collect revenues of their own, in compliance with the Constitution and according to the principles of co-ordination of State finances and the
tax system A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal entity) by a governmental organization in order to fund government spending and various public expenditures (regional, local, or n ...
, and sharing in the tax revenues related to their respective territories. State legislation provides for an equalisation fund for the territories having lower per-capita taxable capacity. Revenues raised from the above-mentioned sources shall enable municipalities, provinces, metropolitan cities and regions to fully finance the public functions attributed to them. The State allocates supplementary resources and adopts special measures in favour of specific Municipalities, Provinces, Metropolitan Cities and Regions to promote economic development along with
social cohesion Group cohesiveness (also called group cohesion and social cohesion) arises when bonds link members of a social group to one another and to the group as a whole. Although cohesion is a multi-faceted process, it can be broken down into four main co ...
and
solidarity ''Solidarity'' is an awareness of shared interests, objectives, standards, and sympathies creating a psychological sense of unity of groups or classes. It is based on class collaboration.''Merriam Webster'', http://www.merriam-webster.com/dicti ...
, to reduce
economic An economy is an area of the production, distribution and trade, as well as consumption of goods and services. In general, it is defined as a social domain that emphasize the practices, discourses, and material expressions associated with th ...
and social imbalances, to foster the exercise of the rights of the person or to achieve goals other than those pursued in the ordinary implementation of their functions. The Constitution grants Municipalities, Provinces, Metropolitan Cities and Regions to have their own properties, allocated to them pursuant to general principles laid down in State legislation. Indebtedness is allowed only as a means of funding investments, with the concomitant adoption of amortisation plans and on the condition of a
balanced budget A balanced budget (particularly that of a government) is a budget in which revenues are equal to expenditures. Thus, neither a budget deficit nor a budget surplus exists (the accounts "balance"). More generally, it is a budget that has no budget ...
for all authorities of each region, taken as a whole. State guarantees on loans contracted for this purpose are prohibited.
Import An import is the receiving country in an export from the sending country. Importation and exportation are the defining financial transactions of international trade. In international trade, the importation and exportation of goods are limited ...
,
export An export in international trade is a good produced in one country that is sold into another country or a service provided in one country for a national or resident of another country. The seller of such goods or the service provider is a ...
or transit taxes between Regions are not permitted and the
freedom of movement Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country,Jérémiee Gilbert, ''Nomadic Peoples and Human Rights ...
of persons or goods between Regions is protected, as well as the right of citizens to work in any part whatsoever of the
national territory A federal territory is an administrative division under the direct and usually exclusive jurisdiction of a federation's national government. A federal territory is a part of a federation, but not a part of any federated state. The states constit ...
. The
Government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
can intervene for bodies of the Regions, Metropolitan Cities,
Provinces A province is almost always an administrative division within a country or state. The term derives from the ancient Roman '' provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions ou ...
and
Municipalities A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the ...
if the latter fail to comply with international rules and treaties or
EU legislation European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
, or in the case of grave danger for
public safety Public security or public safety is the prevention of and protection from events that could endanger the safety and security of the public from significant danger, injury, or property damage. It is often conducted by a state government to ensur ...
and
security" \n\n\nsecurity.txt is a proposed standard for websites' security information that is meant to allow security researchers to easily report security vulnerabilities. The standard prescribes a text file called \"security.txt\" in the well known locat ...
, or when necessary to preserve
legal Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. ...
or economic unity and in particular to guarantee the basic level of
benefits Benefit or benefits may refer to: Arts, entertainment and media * ''Benefit'' (album), by Jethro Tull, 1970 * "Benefits" (''How I Met Your Mother''), a 2009 TV episode * ''The Benefit'', a 2012 Egyptian action film Businesses and organisation ...
relating to civil and social entitlements, regardless of the geographic borders of local authorities. The law lays down the procedures to ensure that subsidiary powers are exercised in compliance with the principles of
subsidiarity Subsidiarity is a principle of social organization that holds that social and political issues should be dealt with at the most immediate or local level that is consistent with their resolution. The ''Oxford English Dictionary'' defines subsidi ...
and loyal
co-operation Cooperation (written as co-operation in British English) is the process of groups of organisms working or acting together for common, mutual, or some underlying benefit, as opposed to working in competition for selfish benefit. Many animal ...
. The Constitution establishes the bodies of each Region as the Regional Council, the Regional Executive and its president. The Regional Council exercises the
legislative power A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known a ...
s attributed to the Region as well as the other functions granted by the Constitution and the laws, among which also the possibility to submit bills to
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
. The Regional Executive exercises the
executive power The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state. In political systems b ...
s in the Region, and The President of the Executive represents the Region, directs the policy-making of the Executive and is responsible for it, promulgates laws and regional statutes, directs the administrative functions delegated to the Region by the State, in conformity with the instructions of the
Government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
. The
electoral system An electoral system or voting system is a set of rules that determine how elections and referendums are conducted and how their results are determined. Electoral systems are used in politics to elect governments, while non-political elections m ...
and limits to the eligibility and compatibility of the President, the other members of the Regional Executive and the Regional councillors is established by a regional law in accordance with the law of the Republic, which also establishes the term of elective offices. No one can belong at the same time to a Regional Council or to a Regional Executive and to either House of Parliament, another Regional Council, or the
European Parliament The European Parliament (EP) is one of the Legislature, legislative bodies of the European Union and one of its seven Institutions of the European Union, institutions. Together with the Council of the European Union (known as the Council and in ...
. The Council elects a
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
and a Bureau from amongst its members. Regional councillors are not accountable for the opinions expressed and votes cast in the exercise of their functions. The President of the Regional Executive are elected by
universal Universal is the adjective for universe. Universal may also refer to: Companies * NBCUniversal, a media and entertainment company ** Universal Animation Studios, an American Animation studio, and a subsidiary of NBCUniversal ** Universal TV, a t ...
and direct suffrage, unless the regional statute provides otherwise. The elected president can appoint and dismiss the members of the Executive. The Statute of each Region, in compliance with the Constitution, lays down the form of government and basic principles for the organisation of the Region and the conduct of its business. The statute also regulate the right to initiate legislation and promote referendums on the laws and administrative measures of the Region as well as the publication of laws and of regional regulations. Regional Council can adopt or amend with a law approved by an absolute majority of its members, with two subsequent deliberations at an interval of not less than two months, and not requiring the approval of the Government commissioner. The
Government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
can challenge the constitutional legitimacy of the Regional Statutes to the Constitutional Court within thirty days of their publication. The statute can be submitted to popular referendum if one-fiftieth of the electors of the Region or one-fifth of the members of the Regional Council so request within three months from its publication. The statute that is submitted to referendum is not promulgated if it is not approved by the majority of valid votes. In each Region, statutes regulate the activity of the Council of
local authorities Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-loca ...
as a consultative body on relations between the Regions and local authorities. The Constitutions allows administrative tribunals of the first instance in the Region, in accordance with the law, with sections which can be established in places other than the regional capital. The President of the Republic, as protector of the Constitution, can dissolve Regional Councils and remove the President of the Executive with a reasoned decree, in the case of acts in contrast with the Constitution or grave violations of the law, or also for reasons of
national security National security, or national defence, is the security and defence of a sovereign state, including its citizens, economy, and institutions, which is regarded as a duty of government. Originally conceived as protection against military att ...
. Such decree is adopted after consultation with a committee of
Deputies A legislator (also known as a deputy or lawmaker) is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are often elected by the people of the state. Legislatures may be supra-national (for e ...
and Senators for regional affairs which is set up in the manner established by the law. The President of the Executive can also be removed through a
motion of no confidence A motion of no confidence, also variously called a vote of no confidence, no-confidence motion, motion of confidence, or vote of confidence, is a statement or vote about whether a person in a position of responsibility like in government or mana ...
by the Regional Council, that is undersigned by at least one-fifth of its members and adopted by roll call vote with an absolute majority of members. The motion cannot be debated before three days have elapsed since its introduction. The adoption of a no confidence motion against a President of the Executive elected by universal and direct suffrage, and the removal, permanent inability, death or voluntary resignation of the President of the Executive entail the resignation of the Executive and the dissolution of the council. The same effects are produced by the simultaneous resignation of the majority of the Council members. The
Government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
can challenge the constitutional legitimacy of a regional law before the Constitutional Court within sixty days from its publication, when it deems that the regional law exceeds the competence of the Region; while a Region can challenge the constitutional legitimacy of a State or regional law before the Constitutional Court within sixty days from its publication, when it deems that said law infringes upon its competence. Articles 115, 124, 128, 129, 130 have been repealed, and therefore have not been discussed. Article 131 establishes the following Regions:
Piedmont it, Piemontese , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = , demographics1_footnotes = , demographics1_title1 = , demographics1_info1 = , demographics1_title2 ...
,
Valle d’Aosta , Valdostan or Valdotainian it, Valdostano (man) it, Valdostana (woman)french: Valdôtain (man)french: Valdôtaine (woman) , population_note = , population_blank1_title = Official languages , population_blank1 = Italian French ...
,
Lombardy (man), (woman) lmo, lumbard, links=no (man), (woman) , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = , demographics1_footnotes = , demographics1_title1 = , ...
, Trentino-Alto Adige,
Veneto Veneto (, ; vec, Vèneto ) or Venetia is one of the 20 regions of Italy. Its population is about five million, ranking fourth in Italy. The region's capital is Venice while the biggest city is Verona. Veneto was part of the Roman Empire unt ...
,
Friuli-Venezia Giulia (man), it, Friulana (woman), it, Giuliano (man), it, Giuliana (woman) , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = , demographics1_footnotes = , demographics1_t ...
,
Liguria Liguria (; lij, Ligûria ; french: Ligurie) is a Regions of Italy, region of north-western Italy; its Capital city, capital is Genoa. Its territory is crossed by the Alps and the Apennine Mountains, Apennines Mountain chain, mountain range and is ...
,
Emilia-Romagna egl, Emigliàn (man) egl, Emiglièna (woman) rgn, Rumagnòl (man) rgn, Rumagnòla (woman) it, Emiliano (man) it, Emiliana (woman) or it, Romagnolo (man) it, Romagnola (woman) , population_note = , population_blank1_title ...
,
Tuscany it, Toscano (man) it, Toscana (woman) , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = Citizenship , demographics1_footnotes = , demographics1_title1 = Italian , demogra ...
,
Umbria it, Umbro (man) it, Umbra (woman) , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = , demographics1_footnotes = , demographics1_title1 = , demographics1_info1 = , ...
,
Marche Marche ( , ) is one of the twenty regions of Italy. In English, the region is sometimes referred to as The Marches ( ). The region is located in the central area of the country, bordered by Emilia-Romagna and the republic of San Marino to the ...
,
Lazio it, Laziale , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = , demographics1_footnotes = , demographics1_title1 = , demographics1_info1 = , demographics1_title2 ...
,
Abruzzi , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = , demographics1_footnotes = , demographics1_title1 = , demographics1 ...
,
Molise it, Molisano (man) it, Molisana (woman) , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = , demographics1_footnotes = , demographics1_title1 = , demographics1_info1 ...
,
Campania (man), it, Campana (woman) , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = , demographics1_footnotes = , demographics1_title1 = , demographics1_info1 = , demog ...
,
Apulia it, Pugliese , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = , demographics1_footnotes = , demographics1_title1 = , demographics1_info1 = , demographic ...
,
Basilicata it, Lucano (man) it, Lucana (woman) , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = , demographics1_footnotes = , demographics1_title1 = , demographics1_info1 = ...
,
Calabria , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = , demographics1_footnotes = , demographics1_title1 = , demographics1_info1 = , demographics1_title2 ...
,
Sicily (man) it, Siciliana (woman) , population_note = , population_blank1_title = , population_blank1 = , demographics_type1 = Ethnicity , demographics1_footnotes = , demographi ...
and
Sardinia Sardinia ( ; it, Sardegna, label=Italian, Corsican and Tabarchino ; sc, Sardigna , sdc, Sardhigna; french: Sardaigne; sdn, Saldigna; ca, Sardenya, label= Algherese and Catalan) is the second-largest island in the Mediterranean Sea, aft ...
. By a
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe ...
, after consultation with the Regional Councils, a merger between existing Regions or the creation of new Regions having a minimum of one million inhabitants can be granted, when such request has been made by a number of Municipal Councils representing not less than one third of the populations involved, and the request has been approved by
referendum A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...
by a majority of said populations. The
Provinces A province is almost always an administrative division within a country or state. The term derives from the ancient Roman '' provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions ou ...
and
Municipalities A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the ...
which request to be detached from a Region and incorporated in another may be allowed to do so, following a
referendum A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...
and a law of the Republic, which obtains the majority of the populations of the Province or Provinces and of the Municipality or Municipalities concerned, and after having heard the Regional Councils. Changes in provincial boundaries and the institution of new Provinces within a Region are regulated by the laws of the Republic, on the initiative of the Municipalities, after consultation with the Region. The Region, after consultation with the populations involved, can establish through its laws new Municipalities within its own territory and modify their districts and names.


Constitutional Guarantees (Articles 134–139)


=The Constitutional Court (Articles 134–137)

= Article 134 states that the Constitutional Court shall pass judgement on * controversies on the constitutional legitimacy of laws and enactments having force of law issued by the State and Regions; * conflicts arising from allocation of powers of the State and those powers allocated to State and Regions, and between Regions; *
charges Charge or charged may refer to: Arts, entertainment, and media Films * ''Charge, Zero Emissions/Maximum Speed'', a 2011 documentary Music * ''Charge'' (David Ford album) * ''Charge'' (Machel Montano album) * '' Charge!!'', an album by The Aqu ...
brought against the President of the Republic, according to the provisions of the Constitution. The Constitutional Court is composed of fifteen judges, a third nominated by the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
, a third by
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
in
joint sitting A joint session or joint convention is, most broadly, when two normally separate decision-making groups meet, often in a special session or other extraordinary meeting, for a specific purpose. Most often it refers to when both houses of a bicamer ...
and a third by the ordinary and administrative supreme Courts. The judges of the Constitutional Courts must be chosen from among
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
s, including those retired, of the ordinary and administrative higher Courts,
university A university () is an institution of higher (or tertiary) education and research which awards academic degrees in several academic disciplines. Universities typically offer both undergraduate and postgraduate programs. In the United Stat ...
professors of
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
and
lawyers A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, ...
with at least twenty years practice. Judges of the Constitutional Court are appointed for nine years, beginning in each case from the day of their
swearing in Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to giv ...
, and they cannot be re-appointed. At the expiration of their term, the constitutional judges must leave office and the exercise of the functions thereof. The President of the Court is elected for three years and with the possibility of re-election from among its members, in accordance with the law and respecting in all cases the expiry term for constitutional judges. The office of constitutional judge is incompatible with membership of Parliament, of a
Regional Council Regional Council may refer to: * Regional Council (Hong Kong), disbanded in 1999 ** Regional Council (constituency) Regional council may refer to: * Regional council (Cameroon) * Regional council (France), the elected assembly of a region of Fran ...
, the practice of the legal profession, and with every appointment and office indicated by law. In
impeachment Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...
procedures against the President of the Republic, in addition to the ordinary judges of the Court, there must also be sixteen members chosen by lot from among a list of citizens having the qualification necessary for election to the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
, which the
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
prepares every nine years through election using the same procedures as those followed in appointing ordinary
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
s. When a law is declared
unconstitutional Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
by the Court, the law ceases to have effect the day following the publication of the decision. The decision of the Court must be published and communicated to
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
and the Regional Councils concerned, so that, wherever they deem it necessary, they shall act in conformity with constitutional procedures. A
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe ...
establishes the conditions, forms, terms for proposing judgements on constitutional legitimacy, and guarantees on the independence of constitutional judges. Ordinary laws establishes the other provisions necessary for the constitution and the functioning of the Court. No appeals are allowed against the decision of the Constitutional Court.


=Amendments to the Constitution. Constitutional Laws (Articles 138–139)

= Laws amending the Constitution and other constitutional laws must be adopted by each
House A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air cond ...
after two successive debates at intervals of not less than three months, and must be approved by an
absolute majority A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority r ...
of the members of each House in the second voting. Said laws are submitted to a popular
referendum A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...
when, within three months of their publication, such request is made by one-fifth of the members of a House or five hundred thousand voters or five Regional Councils. The law submitted to referendum cannot be promulgated if not approved by a majority of valid votes. A referendum is not to be held if the law has been approved in the second voting by each of the Houses by a majority of two-thirds of the
members Member may refer to: * Military jury, referred to as "Members" in military jargon * Element (mathematics), an object that belongs to a mathematical set * In object-oriented programming, a member of a class ** Field (computer science), entries in ...
. Article 139 states that ''the form of Republic shall not be a matter for constitutional amendment'', thus effectively barring any attempt to restore the
monarchy A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic ( constitutional monar ...
.


Transitory and Final Provisions (Provisions I–XVIII)

The transitory and final provisions start by declaring the provisional Head of the State the President of the Republic, with the implementation of the Constitution. In case not all Regional Councils had been set up at the date of the election of the next President of the Republic, the Provisions state that only members of the two Houses could participate in the election, while also providing the requirements for appointing the members of the first Senate of the Republic. The Provisions provide a general timeline for the implementation of the Constitution. For example, Article 80 on the question of
international treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pe ...
which involve budget expenditures or changes in the law, is declared effective as from the date of convocation of Parliament. Also, within five years after the Constitution has come into effect, the special jurisdictional bodies still in existence must be revised, excluding the jurisdiction of the
Council of State A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...
, the
Court of Accounts A Court of Audit or Court of Accounts is a Supreme audit institution, i.e. a government institution performing financial and/or legal audit (i.e. Statutory audit or External audit) on the executive branch of power. See also *Most of those ins ...
, and the
military tribunals Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodi ...
. Within a year of the same date, a law must provide for the re-organisation of the Supreme Military Tribunal according to Article 111. Moreover, until the
Judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
has been established in accordance with the Constitution, the existing provisions will remain in force. In particular, until the Constitutional Court begins its functions, the decision on controversies indicated in Article 134 will be conducted in the forms and within the limits of the provisions already in existence before the implementation of the Constitution. The Provisions call for the election of the Regional Councils and the elected bodies of provincial administration within one year of the implementation of the Constitution. The transfer of power from the State to the Regions, as established by the Constitution, as well as the transfer to the Regions of officials and employees of the State, must be regulated by law for every branch of the public administration. Until this process has been completed the
Provinces A province is almost always an administrative division within a country or state. The term derives from the ancient Roman '' provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions ou ...
and the
Municipalities A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the ...
will retain those functions they presently exercise, as well as those which the Regions may delegate to them. Also, within three years of the implementation of the Constitution, the laws of the Republic must be adjusted to the needs of local autonomies and the legislative jurisdiction attributed to the Regions. Furthermore, up to five years after the implementation of the Constitution, other Regions can be established by constitutional laws, thus amending the list in Article 131, and without the conditions required under the first paragraph of Article 132, without prejudice, however, to the obligation to consult the peoples concerned. Provision XII forbids the reorganisation of the dissolved Fascist party, under any form whatsoever. Notwithstanding Article 48, the Provision imposes temporary limitations to the right to vote and eligibility of former leaders of the
Fascist regime Fascism is a far-right, authoritarian, ultra-nationalist political ideology and movement,: "extreme militaristic nationalism, contempt for electoral democracy and political and cultural liberalism, a belief in natural social hierarchy and th ...
, for a period of no more than five years from the implementation of the Constitution. Similarly, until it was amended in 2002, Provision XIII barred the members and descendants of the
House of Savoy The House of Savoy ( it, Casa Savoia) was a royal dynasty that was established in 1003 in the historical Savoy region. Through gradual expansion, the family grew in power from ruling a small Alpine county north-west of Italy to absolute rule of ...
from voting, as well as holding public or elected office, and the former kings of the House of Savoy, their spouses and their male descendants were denied access and residence in the national territory. In particular, after the abolition of the monarchy, the former kings
Vittorio Emanuele III Victor Emmanuel III (Vittorio Emanuele Ferdinando Maria Gennaro di Savoia; 11 November 1869 – 28 December 1947) was King of Italy from 29 July 1900 until his abdication on 9 May 1946. He also reigned as Emperor of Ethiopia (1936–1941) and ...
and
Umberto II en, Albert Nicholas Thomas John Maria of Savoy , house = Savoy , father = Victor Emmanuel III of Italy , mother = Princess Elena of Montenegro , birth_date = , birth_place = Racconigi, Piedmont, Kingdom of Italy , de ...
, went into exile in
Egypt Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a List of transcontinental countries, transcontinental country spanning the North Africa, northeast corner of Africa and Western Asia, southwest corner of Asia via a land bridg ...
and
Portugal Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of th ...
, respectively. Their heir Vittorio Emanuele made his first trip back to Italy in over half a century on 23 December 2002. Nevertheless, Provision XIII also imposes the confiscation by the State of the assets of the former kings of the House of Savoy, their spouses and their male descendants existing on
national territory A federal territory is an administrative division under the direct and usually exclusive jurisdiction of a federation's national government. A federal territory is a part of a federation, but not a part of any federated state. The states constit ...
, while declaring null and void the acquisitions or transfers of said properties which took place after 2 June 1946. Titles of nobility are no longer recognised, while the predicates included in those existing before 28 October 1922 are established as part of the name of the title holders. The Order of Saint Mauritius is preserved as a hospital corporation and its functions are established by law, while the Heraldic Council is suppressed. With the entry into force of the Constitution, the legislative decree of the
Lieutenant of the Realm A lieutenant ( , ; abbreviated Lt., Lt, LT, Lieut and similar) is a commissioned officer rank in the armed forces of many nations. The meaning of lieutenant differs in different militaries (see comparative military ranks), but it is often sub ...
No. 151 of 25 June 1944 on the provisional organisation of the State will become law. Within one year of the same date, the revision and co-ordination therewith of previous constitutional laws which had not at that moment been explicitly or implicitly abrogated will begin. The
Constituent Assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...
must pass laws on the election of the Senate of the Republic, special regional statues, and the law governing the press, before 31 January 1948. Until the day of the
election An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office. Elections have been the usual mechanism by which modern representative democracy has operat ...
of the new
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
, the Constituent Assembly can be convened to decide on matters attributed by law to its jurisdiction. The Provisions also detail the temporary functions of the Standing Committees, the Legislative Committees, and the Deputies. Provision XVIII calls for the promulgation of the Constitution by the provisional Head of State within five days of its approval by the Constituent Assembly, and its coming into force on 1 January 1948. The text of the Constitution will be deposited in the
Town Hall In local government, a city hall, town hall, civic centre (in the UK or Australia), guildhall, or a municipal building (in the Philippines), is the chief administrative building of a city, town, or other municipality. It usually houses ...
of every Municipality of the Republic and there made public for the whole of 1948, in order to allow every citizen to know of it. The Constitution, bearing the seal of the State, will be included in the Official Records of the laws and decrees of the Republic. The Constitution must be faithfully observed as the fundamental law of the Republic by all citizens and bodies of the
State State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
.


Amendments

In order to make it virtually impossible to replace with a dictatorial regime, it is difficult to modify the Constitution; to do so (under Article 138) requires two readings in each House of Parliament and, if the second of these are carried with a majority (i.e. more than half) but less than two-thirds, a referendum. Under Article 139, the republican form of government cannot be reviewed. When the Constituent Assembly drafted the Constitution, it made a deliberate choice in attributing to it a supra-legislative force, so that ordinary legislation could neither amend nor derogate from it. Legislative acts of parliament in conflict with the Constitution are subsequently annulled by the Constitutional Court. Three Parliamentary Commissions have been convened in 1983–1985, 1992–1994 and 1997–1998 respectively, with the task of preparing major revisions to the 1948 text (in particular Part II), but in each instance the necessary political consensus for change was lacking. The text of the Constitution has been amended 16 times. Amendments have affected articles 48 (postal voting), 51 (women's participation), 56, 57 and 60 (composition and length of term of the
Chamber of Deputies The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures. Description Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
and Senate of the Republic); 68 (indemnity and immunity of members of Parliament); 79 (amnesties and pardons); 88 (dissolution of the Houses of Parliament); 96 (impeachment); 114 to 132 (Regions, Provinces and Municipalities in its entirety); 134 and 135 (composition and length of term of the Constitutional Court). In 1967 articles 10 and 26 were integrated by a constitutional provision which established that their last paragraphs (which forbid the extradition of a foreigner for political offences) do not apply in case of crimes of genocide. Four amendments were presented during the thirteenth legislature (1996–2001), these concerned parliamentary representation of Italians living abroad; the devolution of powers to the Regions; the direct election of Regional Presidents; and guarantees of fair trials in courts. A constitutional law and one amendment were also passed in the fourteenth legislature (2001–2006), namely, the repealing of disposition XIII insofar as it limited the civil rights of the male descendants of the House of Savoy; and a new provision intended to encourage women's participation in politics. Further amendments are being debated, but for the time being 61.32% of those voting in the 25–26 June 2006 referendum rejected a major Reform Bill approved by both Houses on 17 November 2005, despite its provisions were diluted in time; the attempt to revise Part II appears to have been abandoned or at least postponed, but in 2014 its parts on bicameralism has been resumed by Renzi Government in a partially different draft. In 2007, the constitution was amended making
capital punishment Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
illegal in all cases (before this the Constitution prohibited the death penalty except "in the cases provided for by military laws in case of war;" however, no one had been sentenced to death since 1947 and the penalty was abolished from military law in 1994). Articles 81, 97, 117 and 119 were amended on 20 April 2012, introducing the requirement of a
balanced budget A balanced budget (particularly that of a government) is a budget in which revenues are equal to expenditures. Thus, neither a budget deficit nor a budget surplus exists (the accounts "balance"). More generally, it is a budget that has no budget ...
at both the national and the regional level, taking into account both positive and negative variations of the
economic cycle Business cycles are intervals of expansion followed by recession in economic activity. These changes have implications for the welfare of the broad population as well as for private institutions. Typically business cycles are measured by examini ...
. Articles 56, 57, and 59 were amended on 19 October 2020, reducing the total number of parliamentarians by about one third, and capping the total number of senators for life appointed by the President at five in all cases. Article 58 was amended on 18 October 2021, lowering the voting age for the Senate from 25 to 18 years old, the same as the Chamber of Deputies. Articles 9 and 41 were amended on 8 February 2022, introducing legal frameworks for the protection of the
environment Environment most often refers to: __NOTOC__ * Natural environment, all living and non-living things occurring naturally * Biophysical environment, the physical and biological factors along with their chemical interactions that affect an organism or ...
, the
biodiversity Biodiversity or biological diversity is the variety and variability of life on Earth. Biodiversity is a measure of variation at the genetic ('' genetic variability''), species ('' species diversity''), and ecosystem ('' ecosystem diversity'') ...
, and the
ecosystem An ecosystem (or ecological system) consists of all the organisms and the physical environment with which they interact. These biotic and abiotic components are linked together through nutrient cycles and energy flows. Energy enters the syst ...
s.


Notable Members of the Constituent Assembly

The following is a list of notable members of the
Constituent Assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...
: * Leonetto Amadei ( PSI), future President of the Constitutional Court *
Gaspare Ambrosini Gaspare Ambrosini (24 October 1886 in Favara, Sicily – 1986 in Rome) was an Italian jurist and statesman. Career and contributions In 1911 Ambrosini became the youngest professor of constitutional law of his times. In 1918, acting as pri ...
( DC), jurist *
Giorgio Amendola Giorgio Amendola (21 November 1907 – 5 June 1980) was an Italian writer and politician. He is regarded and often cited as one of the main precursors of the Olive Tree. Born in Rome in 1907, Amendola was the son of Lithuanian intellectual Eva ...
( PCI), writer *
Giulio Andreotti Giulio Andreotti ( , ; 14 January 1919 – 6 May 2013) was an Italian politician and statesman who served as the 41st prime minister of Italy in seven governments (1972–1973, 1976–1979, and 1989–1992) and leader of the Christian Democracy ...
(DC), future Prime Minister and life Senator * Lelio Basso (PSI), journalist * Bianca Bianchi (PSI), teacher and writer *
Ivanoe Bonomi Ivanoe Bonomi (18 October 1873 – 20 April 1951) was an Italian politician and journalist who served as Prime Minister of Italy from 1921 to 1922 and again from 1944 to 1945. Background and earlier career Ivanoe Bonomi was born in Mantua, I ...
( GM), former Prime Minister *
Piero Calamandrei Piero Calamandrei (21 April 1889 – 27 September 1956) was an Italian author, jurist, soldier, university professor, and politician. Born in Florence, he was one of Italy's leading authorities on the law of civil procedure. After studies in Pis ...
(
PdA PDA may refer to: Science and technology * Patron-driven acquisition, a mechanism for libraries to purchase books *Personal digital assistant, a mobile device * Photodiode array, a type of detector * Polydiacetylenes, a family of conducting po ...
), university professor and author *
Emilio Colombo Emilio Colombo (11 April 1920 – 24 June 2013) was an Italian politician, member of the Christian Democracy, who served as Prime Minister of Italy from August 1970 to February 1972. During his long political career, Colombo held many offices ...
(DC), future Prime Minister and life Senator *
Benedetto Croce Benedetto Croce (; 25 February 1866 – 20 November 1952) was an Italian idealist philosopher, historian, and politician, who wrote on numerous topics, including philosophy, history, historiography and aesthetics. In most regards, Croce was a li ...
( PLI), philosopher * Alcide De Gasperi (DC), incumbent Prime Minister * Florestano Di Fausto (DC), architect and engineer * Giuseppe Di Vittorio (PCI), trade unionist * Luigi Einaudi (PLI), future President *
Amintore Fanfani Amintore Fanfani (; 6 February 1908 – 20 November 1999) was an Italian politician and statesman, who served as 32nd prime minister of Italy for five separate terms. He was one of the best-known Italian politicians after the Second World War and ...
(DC), future Prime Minister * Vittorio Foa (PdA), trade unionist * Antonio Giolitti (PCI), future minister *
Angela Gotelli Angela Gotelli (25 February 1905 – 21 November 1996) was an Italian politician, educator and activist. She served in the Chamber of Deputies as a member of Christian Democracy. The daughter of Domenico Gotelli, a doctor, and Tullia Fattori ...
(DC), teacher *
Giovanni Gronchi Giovanni Gronchi, (; 10 September 1887 – 17 October 1978) was an Italian politician from Christian Democracy who served as the president of Italy from 1955 to 1962 and was marked by a controversial and failed attempt to bring about an "open ...
(DC), future President *
Leonilde Iotti Leonilde Iotti, commonly known as Nilde Iotti (; 10 April 1920 – 4 December 1999) was an Italian politician, member of the Italian Communist Party (PCI). She was the first and only woman member of the PCI to become the president of the Chamber ...
(PCI), future President of the Chamber of Deputies *
Giovanni Leone Giovanni Leone (; 3 November 1908 – 9 November 2001) was an Italian politician, jurist, and university professor. A founding member of the Christian Democracy (DC), Leone served as the President of Italy from December 1971 until June 1978. ...
(DC), future President *
Girolamo Li Causi Girolamo Li Causi (1 January 1896 – 14 April 1977) was an Italian politician and a leader of the Italian Communist Party who was a prominent figure in the struggle for land reform and against the Mafia in Sicily. He labelled large estates (th ...
(PCI), future PCI leader *
Luigi Longo Luigi Longo (15 March 1900 – 16 October 1980), also known as Gallo, was an Italian communist politician and secretary of the Italian Communist Party from 1964 to 1972. He was also the first foreigner to be awarded an Order of Lenin. Early ...
, (PCI) future PCI secretary *
Emilio Lussu Emilio Lussu (4 December 1890 – 5 March 1975) was an Italian soldier, politician, anti-fascist and writer. Biography The soldier Lussu was born in Armungia, province of Cagliari ( Sardinia) and graduated with a degree in law in 1914. Lussu m ...
(PdA), writer * Gaetano Martino (PLI), future President of the European Parliament *
Bernardo Mattarella Bernardo Mattarella (15 September 1905 – 1 March 1971) was an Italian politician for the Christian Democrat party (''Democrazia Cristiana'', DC). He was a cabinet minister of Italy several times, becoming one of the most important politicians o ...
(DC), future minister *
Teresa Mattei Teresa Mattei, also known as Teresita (1 February 1921 – 12 March 2013) was an Italian partisan and politician. Background Born in Genoa, in 1938 Mattei was expelled from all schools of the Kingdom of Italy for openly criticizing in her classr ...
(PCI), former partisan *
Lina Merlin Angelina "Lina" Merlin (15 October 1887 – 16 August 1979) was an Italian politician, perhaps best known for authoring and promoting the so-called " Merlin law" which abolished state-regulated prostitution in Italy. She was also an activist ...
(PSI), teacher *
Aldo Moro Aldo Romeo Luigi Moro (; 23 September 1916 – 9 May 1978) was an Italian statesman and a prominent member of the Christian Democracy (DC). He served as prime minister of Italy from December 1963 to June 1968 and then from November 1974 to July 1 ...
(DC), future Prime Minister * Pietro Nenni (PSI), future Foreign Minister *
Francesco Saverio Nitti Francesco Saverio Vincenzo de Paolo Nitti (19 July 1868 – 20 February 1953) was an Italian economist and political figure. A Radical, he served as Prime Minister of Italy between 1919 and 1920. According to the ''Catholic Encyclopedia'' ("T ...
( UDN), former Prime Minister *
Umberto Nobile Umberto Nobile (; 21 January 1885 – 30 July 1978) was an Italian aviator, aeronautical engineer and Arctic explorer. Nobile was a developer and promoter of semi-rigid airships in the years between the two World Wars. He is primarily remembe ...
(PCI), Air Force General and explorer *
Teresa Noce Teresa Noce (29 July 1900 – 22 January 1980) was an Italian labor leader, activist, journalist and feminist. She served as a parliamentary deputy and advocated broad social legislation benefiting mothers. Biography Teresa Noce was born in Tur ...
(PCI), labor leader and journalist * Vittorio Emanuele Orlando (GM), former Prime Minister *
Randolfo Pacciardi Randolfo Pacciardi (1 January 1899 – 14 April 1991) was an Italian politician. He was a long-time member of the secular, centre-left Italian Republican Party. An ardent anti-fascist, he lived in exile for many years and was an officer of the ...
( PRI), future Defense Minister *
Ferruccio Parri Ferruccio Parri (; Pinerolo, 19 January 1890 – Rome, 8 December 1981) was an Italian partisan and anti-fascist politician who served as the 29th Prime Minister of Italy, and the first to be appointed after the end of World War II. During the w ...
(PRI), former Prime Minister * Giuseppe Pella (DC), future Prime Minister *
Sandro Pertini Alessandro "Sandro" Pertini (; 25 September 1896 – 24 February 1990) was an Italian socialist politician who served as the president of Italy from 1978 to 1985. Early life Born in Stella (Province of Savona) as the son of a wealthy landown ...
(PSI), future President *
Maria Maddalena Rossi Maria Maddalena Rossi (29 September 1906 – 19 September 1995) was an Italian anti-fascist partisan, communist politician, feminist, and journalist. She was a leading voice for leftist women and women's rights in the years following the Second Wo ...
(PCI), former partisan and journalist *
Paolo Rossi Paolo Rossi (; 23 September 1956 – 9 December 2020) was an Italian professional footballer who played as a forward. He led Italy to the 1982 FIFA World Cup title, scoring six goals to win the Golden Boot as top goalscorer, and the Golden ...
(PSI), future President of the Constitutional Court *
Giuseppe Saragat Giuseppe Saragat (; 19 September 1898 – 11 June 1988) was an Italian politician who served as the president of Italy from 1964 to 1971. Early life Born to Sardinian parents, he was a member of the Unitary Socialist Party (''Partito Sociali ...
( PSDI), future President * Oscar Luigi Scalfaro (DC), future President *
Antonio Segni Antonio Segni (; 2 February 1891 – 1 December 1972) was an Italian politician and statesman who served as the president of Italy from May 1962 to December 1964 and the prime minister of Italy in two distinct terms between 1955 and 1960. A memb ...
(DC), future President * Carlo Sforza (PRI), future Foreign Minister *
Paolo Emilio Taviani Paolo Emilio Taviani (6 November 1912 – 18 June 2001) was an Italian political leader, economist, and historian of the career of Christopher Columbus. He was a partisan leader in Liguria, a Gold Medal of the Resistance, then a member of the ...
(DC), future Interior Minister * Umberto Terracini (PCI), President of the Constituent Assembly *
Palmiro Togliatti Palmiro Michele Nicola Togliatti (; 26 March 1893 – 21 August 1964) was an Italian politician and leader of the Italian Communist Party from 1927 until his death. He was nicknamed ("The Best") by his supporters. In 1930 he became a citizen of ...
(PCI), incumbent Justice Minister *
Umberto Tupini Umberto Tupini (27 May 1889 – 7 January 1973) was an Italian politician. He was minister of public works (1947–1950) in the Government of Italy. He was the mayor of Rome (1956–1958). He served in the Senate of Italy in Legislature I (1948� ...
(DC), future minister


See also


Former constitutions

* First Cisalpine Constitution (1797) * Second Cisalpine Constitution (1798) * Third Cisalpine Constitution (1801) * Italian Constitution (1802) * Constitutional Statute of Italy (1805) *
Statuto Albertino The Statuto Albertino (English: ''Albertine Statute'') was the constitution granted by King Charles Albert of Sardinia to the Kingdom of Sardinia on 4 March 1848 and written in Italian and French. The Statute later became the constitution of t ...
(1848)


Others

*
Birth of the Italian Republic An institutional referendum ( it, referendum istituzionale, or ) was held in Italy on 2 June 1946, Dieter Nohlen & Philip Stöver (2010) ''Elections in Europe: A data handbook'', p1047 a key event of Italian contemporary history. Until 19 ...
* Constitutional laws of Italy *
History of Italy The history of Italy covers the ancient period, the Middle Ages, and the modern era. Since classical antiquity, ancient Etruscans, various Italic peoples (such as the Latins, Samnites, and Umbri), Celts, ''Magna Graecia'' colonists, and other a ...
*
Politics of Italy The politics of Italy are conducted through a parliamentary republic with a multi-party system. Italy has been a democratic republic since 2 June 1946, when the monarchy was abolished by popular referendum and a constituent assembly was elect ...
* Post-World War II
Basic Law for the Federal Republic of Germany The Basic Law for the Federal Republic of Germany (german: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany. The West German Constitution was approved in Bonn on 8 May 1949 and came in ...
* Post-World War II
Constitution of Japan The Constitution of Japan (Shinjitai: , Kyūjitai: , Hepburn romanization, Hepburn: ) is the constitution of Japan and the supreme law in the state. Written primarily by American civilian officials working under the Allied occupation of Japa ...
* Rule according to higher law *
Treaty establishing a Constitution for Europe The Treaty establishing a Constitution for Europe (TCE; commonly referred to as the European Constitution or as the Constitutional Treaty) was an un ratified international treaty intended to create a consolidated constitution for the European ...
*
Treaty of Peace with Italy, 1947 The Treaty of Paris between Italy and the Allied Powers was signed on 10 February 1947, formally ending hostilities between both parties. It came into general effect on 15 September 1947. Territorial changes * Transfer of the Adriatic islands ...


Notes


Footnotes


References


External links


La Costituzione della Repubblica Italiana
Senato della Repubblica
The Constitution of the Italian Republic
Senate of the Republic


The Members of the Constituent Assembly

Archive footage of the Signing of the Constitution
{{Authority control Government of Italy Law of Italy January 1948 events in Europe 1948 in Italy 1948 in law 1948 in politics 1948 documents Anti-fascist works