The Constitution, which was created by the turmoil of our modern history, is also the result of the great suffering of the tragedy of war. From the rubble of an entire country, have sprung the best ideals of the founding fathers and excellence of an entire people.
Main page dedicated to the Constitution, visit the website of the Presidency of the Italian Republic
PRINCIPLES
Article 1.
Italy is a democratic republic, founded on work.
The sovereignty belongs to the people and is exercised in the manner and within the limits of the Constitution.
Article 2.
The Republic recognizes and guarantees the inviolable rights of man, as an individual and in social groups where he expresses his personality, and demands the fulfillment of the mandatory duties of political solidarity, economic and social development.
Article 3.
All citizens have equal social dignity and are equal before the law, without distinction of sex, race, language, religion, political opinion, personal and social conditions.
is the duty of the Republic to remove obstacles to economic and social nature which constrain the freedom and equality of citizens, prevent the full development of the human person and the effective participation of all workers in the political, economic and social development of the country.
Article 4.
The Republic recognizes all citizens the right to work and promotes conditions to fulfill this right.
Every citizen has a duty to perform according to their ability and individual choice, activity or function that contributes to the material or spiritual progress of society.
Article 5.
The Republic, one and indivisible, recognizes and promotes local autonomies, and implements services that depend on the State the fullest measure of administrative decentralization accords the principles and methods of its legislation to the requirements of autonomy and decentralization.
Article 6.
The Republic protects linguistic minorities with special rules.
Section 7.
The State and the Catholic Church are, each in its own, independent and sovereign.
Their relations are regulated by the Lateran Pacts. Changes to the Treaties accepted by both parties do not require the procedure for constitutional amendment.
Article 8.
All religious confessions are equally free before the law.
Religious confessions other than Catholic have the right to organize in accordance with its statutes, are not in conflict with the Italian legal system.
Their relations with the State are regulated by law on the basis of agreements with their respective representatives.
Article 9.
The Republic promotes the development of culture and scientific and technical research.
Protecting the landscape and the historical and artistic heritage of the nation.
Article 10.
The Italian legal system conforms to generally recognized norms of international law.
The legal status of foreigners is regulated by law in conformity with international norms and treaties.
A foreigner who is denied his country in the effective exercise of democratic freedoms guaranteed by the Constitution Italian has the right of asylum in the territory of the Republic as laid down by law.
is not permitted the extradition of a foreigner for political offenses.
Article 11.
Italy repudiates war as an instrument of aggression against the freedom of other peoples and as a means of settling international disputes allows, on an equal footing with other states, the limitations of sovereignty necessary for an order that ensures peace and justice between nations, promotes and encourages international organizations having such ends.
Article 12 The flag of the Republic is the Italian flag: green, white and red, in three vertical bands of equal size.
PART I RIGHTS AND DUTIES OF CITIZENS TITLE
civil relationship
Article 13.
Personal liberty is inviolable.
is not allowed any form of detention, inspection or personal search or any other restriction of personal liberty, except by a warrant from the court and only in cases and manner provided by law.
In exceptional cases of necessity and urgency, strictly defined by law, the public security authorities may take provisional measures, which must be reported within forty-eight hours to the court and if this not be confirmed in the next forty-eight hours, they are revoked and become null and void.
be punished any physical violence or moral persons, however, restricted freedom.
The law establishes the maximum period of preventive detention.
Article 14.
The home is inviolable.
There may be inspected, searches or seizures, except in the cases and manner prescribed by law in accordance with the guarantees prescribed for safeguarding personal freedom.
Verifications and inspections for reasons of public health and safety public or for economic and tax are governed by special laws.
Article 15.
The freedom and secrecy of correspondence and of every other form of communication is inviolable.
Their limitation may be motivated only by a judicial authority with the guarantees established by law.
Article 16.
Every citizen can move and reside freely in any part of the national territory, within the limits established by the law in general for reasons of health or safety. No restrictions may be made for political reasons.
Every citizen is free to leave the territory of the Republic and re-enter, unless required by law.
Article 17.
Citizens have the right to assemble peacefully and unarmed.
For meetings, even in places open to the public, no notice is required.
For meetings in the public notice must be given to the authorities, which may forbid them only for reasons of security or public safety.
Article 18.
Citizens have the right to associate freely, without authorization, for purposes which are not forbidden to individuals by criminal law.
Secret associations are prohibited and those who serve, even indirectly, for political ends by military organizations.
Article 19.
Everyone has the right to profess freely their religion in any form, individually or in combination, and to disseminate it in private or in public worship, provided that the rites are not contrary to public morality.
Article 20.
The ecclesiastical nature and purpose of religion or belief of an association or institution may not be a cause for special limitations in law, or for special taxation for its constitution, legal status or any of its activities.
Article 21.
Everyone has the right to freely express their thoughts in speech, writing or any other means of communication.
The press can not be subjected to authorization or censorship.
Seizure is permitted only by a warrant from the court in the case of offenses for which the press law expressly authorizes, or in case of violation of the rules prescribed by law for the indication of responsible.
In such cases, when there is absolute urgency and the timely intervention of the courts, seizure of the press can be performed by regular police officers, who must immediately, and never within twenty-four hours, report to the court. If this does not confirm the twenty-four hours, the seizure is understood to be withdrawn and null and void.
The law may establish, by general rules, which are known means of finance magazines.
are prohibited publications, shows and events contrary to public morality. The law establishes appropriate measures to prevent and punish violations.
Article 22. No one can be
Private, for political reasons, the legal capacity, citizenship or name.
Article 23.
No Personal or property may be imposed except by law.
Article 24.
Everyone can take legal action to protect their legitimate rights and interests.
The defense is inviolable at every stage and level of the proceedings.
are guaranteed to the poor, through appropriate institutions, the means to act and defense in each jurisdiction.
The law determines the conditions and ways to repair errors records.
Article 25.
No one can be withheld by the court previously ascertained by law.
No one can be punished except by virtue of a law is in force before the offense was committed.
No one shall be subjected to security measures except in cases provided by law.
Article 26.
The extradition of a citizen is permitted only in cases expressly provided for in international conventions.
can not under any circumstances be permitted for political crimes.
Article 27.
Responsibility penalty is personal.
The defendant is not considered guilty until the final sentence.
Punishment can not consist of treatment contrary to human dignity and must aim at rehabilitating the offender.
is not permitted the death penalty.
Article 28.
Officials and employees of the State and public entities are directly responsible, under criminal, civil and administrative law, for acts committed in violation of rights. In such cases, civil liability extends to the State and public bodies.
TITLE II
ETHICAL AND SOCIAL
Article 29.
The Republic recognizes the rights of the family as a natural society founded on marriage.
Marriage is based on the moral and legal equality of spouses within the limits established by law to guarantee family unity.
Article 30.
is the duty and right of parents to support and educate their children even if born out of wedlock.
In cases of incapacity of the parents, the law provides for the fulfillment of their duties.
The law ensures to children born out of wedlock every legal and social protection, compatible with the rights of members of the legitimate family.
The law lays down the rules and limitations for the determination of paternity.
Article 31.
The Republic assists with economic measures and other provisions the family formation and the discharge of its duties, with particular consideration for large families.
protects mothers, children and youth, promoting the institutions necessary for that purpose.
Article 32.
The Republic protects health as a fundamental right of the individual and collective interest, and guarantees free medical care to the indigent.
Nobody can be forced to a specific medical treatment unless required by law. The law may in no case violate the limits imposed by respect for the human person.
Article 33.
The art and science are free and they have free education.
The Republic lays down general rules for education and establishes state schools for all orders and degrees.
and private entities have the right to establish schools and educational establishments at no cost to the state.
The law, in fixing the rights and obligations of non-state schools which request parity, must ensure that these freedom and their pupils an education equal to that of pupils in state schools.
are prescribed examination for admission to the various types and grades of schools or their termination and for certification in the practice.
Institutions of higher learning, universities and academies, have the right to their own regulations within the limits established by State law.
Article 34.
The school is open to all.
The lower education for at least eight years, is compulsory and free.
Capable and deserving students without financial resources, have the right to attain the highest levels of education.
The Republic gives effect to this right by scholarships, allowances to families and other provisions, which shall be assigned through competitive examinations.
TITLE III ECONOMIC
Article 35.
The Republic protects work in all its forms and applications.
for the training and professional advancement of workers.
promotes and encourages international agreements and international organizations aimed at establishing and regulating labor rights.
recognizes the freedom of emigration, subject to the obligations established by law in general, and protects Italian workers abroad.
Article 36.
The employee is entitled to remuneration commensurate with the quantity and quality of their work and in all cases sufficient to assure them and their families a free and dignified.
The maximum working day is fixed by law.
The employee is entitled to a weekly rest and paid annual holidays, and can not waive this right.
Article 37.
Working women have equal rights and equal work, the same wages to the employee. Working conditions must allow women to fulfill their essential role in the family and bring to a special mother and child adequate protection.
The law sets the minimum age for paid work.
The Republic protects the work of children with special provisions and guarantees them equal work, the right to equal pay.
Article 38.
Every citizen unable to work and without the means to live has a right to welfare support.
Workers have the right to be assured adequate means for their needs of life in case of accident, illness, disability and old age, involuntary unemployment.
Disabled and handicapped persons have the right to education and vocational training.
The duties laid down in this article shall organs and institutions established or supported by the State.
Private assistance is free.
Article 39.
The union is free.
The unions can not be imposed obligation other than registration at local or central offices, according to the law.
is a condition of registration that the statutes of the trade unions to establish their internal democratic basis.
Registered trade unions are legal persons. They may, through a unified representation in proportion to their membership, collective labor contracts with binding force for all the categories under which the contract relates.
Article 40.
The right to strike is exercised within the laws that regulate it.
Article 41.
Private economic initiative is free.
There shall not be inconsistent with the social utility or in a manner that could damage safety, freedom, human dignity.
The law shall provide appropriate programs and controls for public and private economic activity may be directed and coordinated towards social ends.
Article 42.
Property is public or private. Economic assets belong to the State, to entities or individuals.
Private property is recognized and guaranteed by law, which prescribes the conditions for the acquisition, enjoyment and limitations in order to ensure its social function and make it accessible to all.
Private property may be, in the cases provided for by law and payment of compensation, be expropriated for reasons of general interest.
The law establishes the rules and limits of legitimate and testamentary succession and the rights of the State in matters of inheritance.
Article 43.
For the sake of general utility the law may reserve or transfer, by means of expropriation and compensation, the State, to public institutions or community workers or members of specific enterprises or categories of enterprises, which relate to essential public services or sources power or monopoly situations and have the nature of primary interest.
Article 44.
In order to achieve a rational exploitation of land and establish equitable social relationships, the law imposes obligations and constraints on private ownership of land, sets limitations to the second extension regions and agricultural areas, encourages and imposes land reclamation, the transformation of large estates and the reorganization of productive units, assists small and the average property.
The law makes provisions in mountain areas.
Article 45.
The Republic recognizes the social function of co-operation of mutual aid and not for private speculation. The law promotes and encourages them through appropriate means and shall, through appropriate controls, the character and purpose.
The law provides for the protection and development of crafts.
Article 46.
With the objective of economic and social work in harmony with the needs of production, the Republic recognizes the right of workers to collaborate in the manner and within the limits established by law, the management of enterprises.
Article 47.
The Republic encourages and safeguards savings in all its forms, regulates, coordinates and monitors the operation of credit.
promotes the access of savings to residential property, the property directly cultivated and direct and indirect investment in the shares large production complexes in the country.
TITLE IV
Political Rights Article 48.
voters are all citizens, men and women who have come of age.
The vote is personal and equal, free and secret. Its exercise is a civic duty.
The law establishes requirements and procedures for the exercise of voting rights of citizens living abroad and ensuring its effectiveness. For this purpose, a constituency of Italians abroad for the election of the Chambers, the number of seats which are established by the constitution and according to criteria determined by law.
The right to vote can not be restricted except for civil incapacity or as a result of irrevocable penal sentence or in cases of moral unworthiness established by law.
Article 49.
All citizens have the right to freely associate in parties to contribute through democratic processes to determine national policy.
Article 50.
All citizens can present petitions to both Houses to request legislative measures or to express needs.
Article 51.
All citizens of either sex are eligible for public office and for elective positions on equal terms, according to the requirements established by law. To this end, the Republic adopt specific measures to promote equal opportunities between women and men.
The law may, for admission to public offices and elected positions, the Italians did not equalize citizens resident in the Republic.
Whoever is elected to public office is entitled to the time needed to perform and keep his job.
Article 52.
The defense of the Fatherland is a sacred duty for every citizen.
Military service is obligatory within the limits and manner prescribed by law. His performance does not affect the working position of the citizen, or the exercise of political rights.
The organization of the armed forces are on the democratic spirit of the Republic.
Article 53.
Everyone shall contribute to public expenditure because of their ability to pay.
The tax system is based on criteria of progressivity.
Section 54.
All citizens have the duty to be loyal to the Republic and to uphold the Constitution and laws.
citizens entrusted with public office have a duty to perform them with discipline and honor, taking oath in the cases determined by law.
PART II OF THE REPUBLIC NATIONAL TITLE I
PARLIAMENT
Section I
Rooms.
Article 55.
Parliament consists of the Chamber of Deputies and the Senate.
Parliament meets in joint session the members of both Houses only in cases established by the Constitution.
Article 56.
The Chamber of Deputies is elected by direct universal suffrage.
The number of Deputies is six hundred and twelve of which are elected in Overseas Constituency.
Members are eligible to all voters on election day have attained the age of twenty five years of age.
The distribution of seats among the districts, with the exception of the number of seats assigned to the Overseas Constituency, is obtained by dividing the number of inhabitants of the Republic, as shown by the general population census, six hundred eighteen and distributing the seats in proportion to the population of each constituency, on the basis of whole shares and the highest remainders.
Article 57.
The Senate is elected on a regional basis, subject to the seats assigned to the district Estero.
The number of Senators to be elected is three hundred and six of them elected in the Overseas.
No Region may have fewer than seven senators, has two of the Molise and Valle d'Aosta one.
The distribution of seats among the Regions, with the exception of the number of seats allocated to the Overseas Constituency, after applying the provisions of the preceding paragraph is made in proportion to the population of the regions as shown by the latest census, based on of whole shares and the highest remainders.
Article 58.
Senators are elected by universal suffrage and directed by the voters who passed the twenty-fifth birthday.
senators are eligible to be voters who have reached their fortieth year.
Article 59.
senator is right and for life unless they renounce who he was President of the Republic. The President may appoint senators for life five citizens who have honored the outstanding achievements in the social, scientific, artistic and literary.
Article 60.
The Chamber of Deputies and the Senate are elected for five years. The duration of each House can not be extended except by law and only in case of war.
Article 61.
Elections for the new Houses will take place within seventy days from the end of the above. The first meeting shall take place no later than twenty days after the elections. Until such time as the new rooms are extended powers of the previous.
Article 62.
The Chambers meet by right on the first day of February and October.
Each House may be convened in extraordinary session on the initiative of the President or the President of the Republic or a third of its members.
When convened in a special room is called the right of the other.
Article 63.
Each House shall elect from among its members the President and the Bureau.
When Parliament meets in joint session, the President and the Bureau are those of the Chamber of Deputies.
Article 64.
Each House shall adopt its own rules by absolute majority of its members.
The meetings are public, however, each of the Houses and Parliament in session may decide to convene in secret session.
The decisions of each House and of Parliament are not valid if it is not the majority of their constituents, and if not adopted by a majority of those present, unless the Constitution requires a special majority.
Members of the Government, though not members of the Houses, have the right, and if requested, the obligation to attend sittings. They shall be heard whenever they so request.
Article 65.
The law determines the cases of ineligibility and incompatibility with the office of deputy or senator.
No one may belong simultaneously to both chambers.
Article 66.
Each House decides the qualifications for admission of its members and reasons of ineligibility and incompatibility.
Article 67.
Each member of Parliament represents the Nation and carries out his duties without a binding mandate.
Article 68.
Members of Parliament can not be held accountable for the opinions expressed or votes cast in the exercise of their functions.
Without authorization from the respective House, any member of Parliament shall be subject to personal or home search, nor can they be arrested or otherwise deprived of liberty or kept in detention, except to enforce a final court convicted, or if caught in the act of committing a crime for which there is the arrest mandatory.
same authorization is required before members of Parliament to wiretapping, in any form of conversations or communications, and seizure of correspondence.
Article 69.
Members of Parliament shall receive compensation fixed by law.
Section II
The formation of laws.
Article 70.
The legislative function is exercised collectively by both Houses.
Article 71. The
initiate legislation the Government, to each Member of Parliament and to the organs and bodies so empowered by constitutional law.
The people may initiate legislation by proposing by at least fifty electors of a draft drawn up in sections.
Article 72.
Every bill submitted to one of the houses is, according to its rules, considered by a committee and then by the House itself, which approves each article and the final vote.
The rules establish shortened procedures for draft legislation that has been declared urgent.
may also establish in such cases and forms the consideration and approval of bills are referred to committees, including standing committees, composed to reflect the proportion of parliamentary groups. Even in such cases, up to the time of final approval, the bill is submitted to the house, if the Government or one tenth of the members of the House or one-fifth of the Committee request that it be debated and voted on by the House itself or to be submitted to final approval, with only explanations of vote. The rules establish the forms of publicity for the work of committees.
The normal procedure of direct examination and approval by the House is always followed for bills on constitutional and electoral, enabling legislation, the ratification of international treaties, approval of budgets and accounts.
Article 73.
Laws are promulgated by the President of the Republic within one month of approval.
If the houses, each by an absolute majority of its members, declare the emergency, the law is promulgated in the period prescribed therein.
Laws are published immediately after promulgation and come into force on the fifteenth day following its publication, unless the laws themselves establish a different time.
Article 74.
The President of the Republic, before promulgating the law, motivated by a message to the Chambers may request a new debate.
If the Houses once more pass the bill, it must be promulgated.
Article 75.
is called a popular referendum to approve the repeal, in whole or part, of a law or an act having the force of law when requested by five hundred thousand voters or five regional councils.
There shall be no referendum on the law of tax, budget, amnesty and pardon, the ratification of international treaties.
have the right to participate referendum to all citizens eligible to vote for the Chamber of Deputies.
The proposal is subject to a referendum is approved if he participated in the voting, the majority of claimants, and if it reaches the majority of the valid votes cast.
The law establishes the procedures for conducting a referendum.
Article 76.
The exercise of the legislative function may not be delegated to the Government unless the determination of the principles and criteria, and only for a limited time and for specified ends.
Article 77.
The government may not, without delegation of the Chambers, to issue decrees having the force of ordinary law.
When, in cases of extraordinary need and urgency, the Government shall, under its responsibility, the interim measures with the force of law, should the same day present for conversion to houses which, even if dissolved, shall be especially convened and will meet within five days.
The decrees lose effect from the beginning, if they are not converted into law within sixty days from their publication. The Chambers may, however, regulate by law the legal relationship established on the basis of the decrees have not been converted.
Article 78.
The houses decide the state of war and confer the necessary powers.
Article 79.
The amnesty and pardon shall be granted with a law approved by a majority of two thirds of the members of each House, in every section and in the final vote.
The law granting amnesty or pardon establishes the deadline for their application.
In any case, amnesty and pardon can not apply to crimes committed after the presentation of the bill.
Article 80.
Rooms authorize by law the ratification of international treaties which are of political nature, or for arbitration or legal settlements, or which entail changes territory or financial burdens or changes to legislation.
Article 81.
The Houses approve annual budgets and accounts submitted by the Government.
The provisional budget can not be granted except by law and for periods not exceeding a total of four months.
By law approving the budget it is not possible to introduce new taxes and new expenditures.
Any other law involving new or increased expenditures must specify the resources to cope.
Article 82.
Each House may conduct inquiries on matters of public interest.
this purpose shall appoint from among its members a committee formed to reflect the proportions of various groups. The commission of inquiry conducts its investigations and examinations with the same powers and limitations as the judiciary.
TITLE II
THE PRESIDENT OF THE REPUBLIC Article 83.
The President of the Republic is elected by Parliament in joint session of its members.
election
Three delegates from each region elected by the Regional Council so as to ensure representation of minorities. The Valle d'Aosta has one delegate.
The election of the President the Republic is by secret ballot by a majority of two thirds of the assembly. After the third ballot an absolute majority is sufficient.
Article 84.
can be elected President of the Republic of any citizen who has completed fifty years of age and enjoys civil and political rights.
The office of President of the Republic is incompatible with any other office.
Compensation and endowments of the President are established by law.
Article 85.
The President of the Republic is elected for seven years.
Thirty days before the expiration of the term, President of the Chamber of Deputies shall summon a joint session of parliament and the regional delegates to elect the new President of the Republic.
If the Houses are dissolved, or have less than three months to their dissolution, the election shall be held within fifteen days of the meeting of the new houses. In the meantime, extended the powers of the President.
Article 86.
The functions of the President of the Republic, in any case he can not perform, shall be exercised by the President of the Senate.
In case of permanent incapacity or death or resignation of the President of the Republic, the President of the Chamber of Deputies election new President of the Republic within fifteen days, except for the longer term expected if the Houses are dissolved or have less than three months to their dissolution.
Article 87.
The President is the head of state and represents national unity.
may send messages to the Chambers.
elections for the new houses and fixing the first meeting.
authorizes the presentation to the Houses of bills initiated by the government.
promulgate laws and issue decrees having the force of law and regulations.
popular referenda when required by the Constitution.
appointed in the cases provided by law, the state officials.
accredit and receive diplomatic representatives, and ratify international treaties, and, where required, authorization of the chambers.
He is the commander of the armed forces, presides over the Supreme Defence Council established by law, declares state of war decided by the Chambers.
chairs the Higher Judicial Council.
may grant pardons and commute sentences.
confers the honors of the Republic.
Article 88.
The President of the Republic, having heard the Presidents, dissolve the Chambers or any one of them.
can not exercise that right during the last six months of his term, except when they coincide in whole or in part with the last six months of the legislature.
Article 89.
No act of the President of the Republic shall be valid unless countersigned by the Ministers for the proponents, who assume responsibility.
which have legislative acts and those laid down by law shall be countersigned by the President of the Council of Ministers.
Article 90.
The President of the Republic is not responsible for acts committed in carrying out its duties, except for treason or against the Constitution.
In such cases it is put into a state of accusation by the Parliament in joint session, with an absolute majority of its members.
Article 91.
The President of the Republic, before assuming his duties, shall take an oath of allegiance to the Republic and to uphold the Constitution before Parliament in joint session.
TITLE III THE GOVERNMENT
Section I The Council of Ministers.
Article 92.
The Government of the Republic consists of the Prime Minister and the Ministers who together form the Council of Ministers.
The President of the Republic appoints the President of the Council of Ministers and, on his proposal, the Ministers.
Article 93.
The President of the Council of Ministers and the Ministers, before taking office, shall be sworn in by the President of the Republic.
Article 94.
The Government must enjoy the confidence of both houses.
Each House grants or withdraws its confidence through a reasoned motion and voted by roll call.
Within ten days of its formation the Government before the houses to get their confidence.
opposing vote by one or both the Houses on a government proposal does not entail the obligation to resign.
A motion of no confidence must be signed by at least one tenth of the members of the House and can not be debated before three days after its submission.
Article 95.
The President of the Council conducts the general policy of the government and is responsible. It maintains the unity of political and administrative policies, promoting and coordinating the activities of ministers.
The ministers are collectively responsible for acts of the Council of Ministers, and individual acts of their departments.
The law establishes the Presidency of the Council and shall determine the number, functions and organization of the ministries.
Article 96.
The President of the Council of Ministers and the Ministers, even if they resign from office, are subject, for crimes committed in the exercise of their functions, the ordinary courts, with the approval of the Senate or the Chamber of Deputies, according to the standards established by Constitutional Law.
Section II
Public Administration.
Article 97.
Public offices are organized according to the law, so as to ensure the proper conduct and impartiality of the administration.
The regulations of the offices are certain spheres of competence, duties and responsibilities of the officials.
Employment in public administration is accessed through competitive examinations, except as otherwise provided by law.
Article 98.
Civil servants are the exclusive service of the nation.
If they are members of Parliament, may not be promoted if not for seniority.
The law may establish restrictions on the right to become members of political parties in the magistrates, soldiers on active duty, officials and police officers, the diplomatic and consular representatives abroad.
Section III
The subsidiary bodies.
Article 99.
The National Council for Economy and Labour is composed, as established by law, experts and representatives of the categories, in such proportion as to take account of their numerical and qualitative importance.
is the consultative body of the Chambers and the Government for those matters and functions conferred on him by law.
It can initiate legislation and may contribute to drafting economic and social legislation according to the principles and within the limits prescribed by law.
Article 100.
The State Council is the consultative body of legal and administrative protection of justice.
The Court exercises control of legality of acts of government, and also subsequent management of the state budget. Participate in the cases and ways established by law, in auditing the financial management of institutions to which the State contributes in the ordinary way. Reports directly to the houses on the results of audits performed.
The law ensures the independence of the two bodies and their members to the Government.
THE JUDICIARY TITLE IV Section I
Judiciary.
Article 101.
Justice is administered in the name of the people.
Judges are subject only to the law.
Article 102.
The judicial function is exercised by ordinary magistrates empowered and regulated by rules of court.
may not be established special courts or special courts. Can institutions only in the ordinary courts specialized sections for specific matters with the participation of qualified citizens to foreign courts.
The law regulates the cases and forms of direct participation of the people in the administration of justice.
Article 103.
The State Council and other bodies of judicial administration have jurisdiction over the protection against the legitimate interests of the public administration and, in particular matters laid out by law, also of individual rights.
The Court of Auditors has jurisdiction in matters of public accounts and in other specified by law.
Military tribunals in time of war have the jurisdiction established by law. In times of peace they have jurisdiction only for military crimes committed by members of the armed forces.
Article 104.
The judiciary is an autonomous and independent of all other powers.
The Superior Council of Magistracy is presided by the President of the Republic.
Members by law, the first president and the attorney general of the Supreme Court.
The other members are elected for two-thirds of all the ordinary judges belonging to the various categories, and one third by Parliament in joint session from among university professors in law and lawyers with fifteen years of operation.
The Council shall elect a vice chairman from among the members appointed by Parliament.
Elected members of the Council remain in office for four years and are not immediately re-elected.
may not, while in office, be registered in professional rolls, nor serve in Parliament or a regional council.
Article 105.
The High Council of Magistracy, under the rules of the judicial system, recruitment, assignments and transfers, promotions and disciplinary measures for judges.
Article 106.
The appointment of judges for the competition take place.
The law allows the appointment of the judiciary, even by election, judges' fees for all functions by single judges.
On appointment of the Supreme Judicial Council may be called to the office of Supreme council for their outstanding merits, college professors in law and lawyers with fifteen years of practice and registered in special books for higher courts.
Article 107.
Judges are irremovable. Can not be dismissed or removed from office or assigned to other courts or functions unless following a decision of the Supreme Judicial Council, adopted or for reasons of defense and with the guarantees laid down by the judiciary or with their consent.
The Minister of Justice has the power to take disciplinary action.
Judges are distinguished only by their different functions.
The public prosecutor enjoys the guarantees established in his favor by the rules of the judiciary.
Article 108. The
rules governing the judiciary and the judges are established by law.
The law ensures the independence of judges of special courts, public prosecutors of those, and of other persons involved in the administration of justice.
Article 109.
The court has directly by police.
Article 110.
Without the powers of the High Council of the Judiciary, the Minister of Justice, the organization and operation of the services involved with justice.
Section II
Policy jurisdiction.
Article 111.
Jurisdiction is implemented through due process regulated by law.
Each process takes place in between the parties, on an equal footing, before an independent and impartial court. The law provides for the reasonable durata.1
In a criminal trial, the law provides that the person accused of a crime is, in the shortest possible time, confidentially informed of the nature and cause of the accusation against him; has the time and conditions needed to prepare his defense, have the authority, the courts, to examine or have examined, the people who make statements against him, to obtain the attendance and examination of persons on their behalf under the same conditions as the prosecution and the acquisition of any other evidence in its favor, to be assisted by an interpreter if he can not understand or speak the language used in the process.
The criminal trial is governed by the rule that the parties in the formation of the test. The guilt of the accused can not be established on the basis of statements made by those who, by choice, it is always voluntarily avoided by the accused or his counsel.
The law regulates the cases in which the formation of contradictory evidence does not occur in the consent of the defendant or found impossibility of an objective nature or effect of proven misconduct.
All judicial decisions must be justified.
against sentences and against measures on personal freedom pronounced by ordinary courts or special, it is always possible to appeal to the Supreme Court for violation of the law. You can waive this rule only to the judgments of military courts in wartime.
against decisions of the State Council and the Court of Auditors on appeal to the Supreme Court is permitted only for reasons of jurisdiction.
Article 112.
The prosecutor the obligation to prosecute.
Article 113.
against acts of public administration is always permitted judicial protection of rights and legitimate interests before the ordinary courts or administrative bodies.
Such judicial protection can not be excluded or limited to specific remedies or to certain categories of acts.
The law determines which judicial bodies are empowered to annul acts of government in the circumstances and the consequences provided by law.
TITLE V Regions, Provinces, Municipalities
Article 114.
The Republic is composed of the Municipalities, Provinces, Metropolitan Cities, Regions and the State.
Municipalities, provinces, metropolitan cities and regions are autonomous entities with their own statutes, powers and functions according to the principles established by the Constitution.
Rome is the capital of the Republic. State law governs its order.
Article 115.
Repealed by Article 9, paragraph 2, of the Constitutional Law No. 18 October 2001 3
Article 116.
Friuli-Venezia Giulia, Sardinia, Sicily, Trentino-Alto South Tyrol and Val d'Aosta / Vallée d'Aoste have special forms and conditions of autonomy, according to their special statutes adopted by constitutional law.
The Trentino-Alto Adige / Südtirol consists of the autonomous provinces of Trento and Bolzano.
Additional forms and conditions of autonomy, relating to the matters referred to in the third paragraph of Article 117 and the subjects listed in the second paragraph of that article to the letters), only the organization of the justice of the peace, n) es), can be attributed to other Regions by State Law, on the initiative of the Region concerned, in consultation with local authorities, the principles laid down in Article 119. The law was approved by both Houses by absolute majority, based on agreement between the State and the Region concerned.
Article 117.
Legislative power is vested in the State and the Regions in accordance with the Constitution and with the constraints deriving from EU and international obligations.
The State has exclusive legislative powers in the following subjects:
a) foreign policy and international relations of the State, relations with the European Union State, the right to asylum and legal status of citizens of countries not belonging to ' European Union;
b) immigration;
c) relations between the Republic and religious denominations;
d) defense and armed forces, state security, weapons, ammunition and explosives;
s) currency, savings protection and financial markets, protection of competition, currency system; sistematributario and State accounts, distribution of financial resources;
f) state bodies and relevant electoral laws, state referendum, elections to the European Parliament;
g) legal and administrative organization of state and national public bodies;
h) public order and safety, with the exception of local administrative police;
i) citizenship, marital status and age;
l) jurisdiction and procedural law, civil law and criminal justice administration;
m) determination of essential levels of benefits relating to civil and social rights to be guaranteed throughout the national territory;
n) general provisions on education;
or) social security;
p) electoral legislation, governing bodies and fundamental functions of municipalities, provinces and cities metropolitan
q) customs, protection of national borders and international prophylaxis;
r) weights, measures and timing, coordination of statistics and data of state, regional and local works of 'genius;
s) environment, ecosystem and cultural heritage.
matters of concurrent legislation are those relating to: international relations with the European Union and the regions, foreign trade and protection and job security, education, the autonomy of educational institutions and with the exception of education and training professional occupations; scientific and technological research and innovation support for productive sectors, health, nutrition, sports; civil protection, territorial government, ports and civil airports, large transport and navigation; regulation of communications , production, transportation and distribution of energy, complementary and supplementary social security; harmonization of public accounts and coordination of public finance and taxation, promotion of cultural and environmental heritage and promoting and organizing cultural activities, savings banks, rural banks , companies of regional credit institutions, credit institutions on a regional land and agricultural. In matters of concurrent legislation, the legislative power vested in the Regions, except for the determination of the fundamental principles, the law of the State.
The Regions have legislative powers in respect of any matters not expressly covered by State legislation.
Regions and Autonomous Provinces of Trento and Bolzano, in matters within their competence, take part in decisions to the formation of Community legislation and provide for implementation of international agreements and acts of the Union European Union, according to the rules of procedure established by state law, which governs the substitute for the exercise of power in the event of default.
Regulatory powers vested in the State in matters of exclusive legislation, subject to delegation to the regions. Statutory authority vested in the Regions in all other matters. Municipalities, provinces and metropolitan cities have regulatory powers to the organization and conduct of their functions.
Regional laws shall remove all obstacles that prevent the full equality of men and women in social, cultural and economic life and promote equal access for women and men to elective offices.
ratified by regional law understandings of the region with other regions for improving the performance of its duties, including the identification of common institutions.
in matters within its competence, the Regions may enter into agreements with States and agreements with local authorities of another State, in the cases and forms governed by the laws of the State.
Article 118.
Administrative functions are attributed to the municipalities except that, to ensure their uniform, are conferred to provinces, metropolitan cities, regions and states, based on the principles of subsidiarity, differentiation and adequacy.
Municipalities, provinces and metropolitan cities holders of their administrative functions and those conferred with national or regional law in accordance with their skills.
State law governing the development of coordination between State and Regions in the fields referred to in subparagraphs b) and h) of the second paragraph of Article 117, and also provide for agreements and coordination in the field of protection of cultural heritage.
state, regions, metropolitan cities, provinces and municipalities shall promote the autonomous initiatives of citizens, individually and in combination, to carry out activities of general interest, based on the principle of subsidiarity.
Article 119.
Municipalities, Provinces, metropolitan cities and regions shall have independent financial income and expenditure.
Municipalities, provinces, metropolitan cities and regions shall have independent financial resources. They set and levy taxes and collect revenues of their own, in harmony with the Constitution and the principles of coordination of public finance and taxation. They share in tax revenues related to their territory.
The law of the State for an equalization fund, with no allocation constraints for the territories having lower per capita fiscal capacity.
The resources from the sources mentioned in the preceding paragraphs enable municipalities, provinces, metropolitan cities and regions to fully finance the public functions entrusted to them.
To promote economic development, social cohesion and solidarity, to remove economic and social imbalances, to facilitate the effective exercise of human rights, or to provide for purposes other than the normal exercise of their functions, the State allocates additional resources and makes special interventions in favor of specific municipalities, provinces, metropolitan cities and regions.
Municipalities, provinces, metropolitan cities and regions have their own assets, allocated according to general principles laid down in State legislation. They can borrow only to finance investment expenditure. E 'excluding State guarantees on loans contracted.
Article 120.
The Regions may not levy import duties or export or transit between regions, or adopt measures that in any way obstruct the free movement of persons and goods between the regions, nor restrict the exercise of the right to work anywhere the national territory.
The Government can act for bodies of the regions, metropolitan cities, provinces and municipalities in the case of non-compliance with international rules and treaties or EU legislation, or grave danger for the safety and public security, or when necessary to preserve the legal or economic unity, and in particular the protection of the basic level of benefits relating to civil and social rights, regardless of the geographic borders of premises. The law defines the procedures to ensure that the powers are exercised in accordance with the principle of subsidiarity and the principle of loyal cooperation.
Article 121.
The bodies of the Region are: the Regional Council, the Executive and its President.
The Regional Council shall exercise the legislative powers attributed to the Region and other functions conferred by the Constitution and laws. It may submit bills to Parliament.
The Regional Council is the executive body of the Regions.
The President of the Executive represents the Region, directs the policy of the Executive and is responsible for it promulgates laws and issues the regional statutes, directs the administrative functions delegated by the State to the region, in accordance with the instructions of the Government of the Republic.
Article 122.
The electoral system and the cases of ineligibility and incompatibility of the President and other members of the Regional Executive and the Regional Councillors are governed by a law of Region within the limits of the fundamental principles established by the Law of the Republic, which also establishes the term of elective offices.
No one can simultaneously belong to a Council or a Regional Council and a House of Parliament, to another or to another Regional Council, or Parliament.
The Council shall elect from among its members a Chairman and an Executive Board.
Regional councilors can not be held accountable for the opinions expressed or votes cast in the exercise of their functions.
The President of the Regional Council, unless the regional statute provides otherwise, shall be elected by direct universal suffrage. The elected President shall appoint and dismiss the members of the Executive.
Article 123.
Each Region has a statute which, in harmony with the Constitution, determines the form of government and basic principles of organization and operation. The statute shall regulate the exercise of initiative and referendum on laws and administrative measures of the Region and the publication of laws and regional regulations.
statutes are adopted and amended by the Regional Council with a law passed by an absolute majority of its members, with two subsequent deliberations at an interval of not less than two months. For this law does not require the endorsement by the Government Commissioner. The Government of the Republic may submit the constitutional legitimacy of the regional statutes in the Constitutional Court within thirty days from their publication.
The statute is submitted to a referendum if, within three months after its publication, upon request, one-fiftieth of the electors of the Region or one-fifth of the members of the Regional Council. The statute submitted to referendum is not promulgated if it is approved by a majority of valid votes.
In each region, the statute governing the Council of local, act as a consultative between the Regions and local authorities.
Article 124.
Repealed by Article 9, paragraph 2, of the Constitutional Law October 18, 2001, No 3.
Article 125.
Region Administrative tribunals are set up at first instance, according to the rules established by the law of the Republic. Sections may be established elsewhere than at the regional capital.
Article 126.
motivated by decree of President of the Republic ordered the dissolution of the Regional Council and the removal of the President of the Executive who have committed acts against the Constitution or serious violations of the law. The dissolution or removal may also be decided for reasons of national security. The decree is adopted after consultation with a committee of Deputies and Senators for regional affairs in the manner prescribed by the Law of the Republic.
The regional council may express no confidence against the Chairman of the Board through a reasoned motion, signed by at least a fifth of its members and approved by roll call vote by absolute majority. The motion may be debated before three days of submission.
The approval of a motion of no confidence against the President of the Executive elected by direct universal suffrage and the elimination, prevention permanent, death or voluntary resignation will mean the resignation of the Executive and the dissolution of the Council. In each case the same effects the resignation of the majority of the Council members.
Article 127.
The Government, he considers that a regional law exceeds the competence of the Region, may raise the question of constitutionality before the Constitutional Court within sixty days of its publication.
Region, where we believe that a law or an act having the force of law of another State or region affects its jurisdiction, may raise the question of the constitutionality the Constitutional Court within sixty days after publication of the law or act having the force of law.
Article 128.
Repealed by Article 9, paragraph 2, of the Constitutional Law October 18, 2001, No 3.
Article 129.
Repealed by Article 9, paragraph 2, of the Constitutional Law October 18, 2001, No 3.
Article 130.
Repealed by Article 9, paragraph 2, of the Constitutional Law October 18, 2001, No 3.
Article 131.
They consist of the following regions:
Piedmont
Valle d'Aosta;
Lombardy
Trentino-Alto Adige, Veneto
;
Friuli-Venezia Giulia, Liguria
;
Emilia-Romagna, Tuscany
;
Umbria, Marche
;
Lazio
Abruzzi
Molise, Campania
;
Puglia, Basilicata
;
Calabria
Sicily;
Sardinia.
Article 132.
is a constitutional law, having heard the Regional Councils, a merger of the existing Regions or the creation of new Regions having a minimum of one million inhabitants, when requested by many municipal councils representing at least one third of the populations concerned and the proposal is approved by referendum by a majority of said populations.
It may, with the approval of a majority of the population of the province or provinces concerned and the municipality or municipalities concerned expressed through the referendum and the law of the Republic, having heard the Regional Councils, which allow Provinces and municipalities that request it, are disconnected from one region to another and aggregates.
Article 133.
The change in provincial boundaries and the institution of new Provinces within a Region are regulated by the laws of the Republic, at the initiative of the Municipalities, in consultation with the Region.
Region, the peoples concerned, through its laws may establish new municipalities in its territory and modify their districts and names.
TITLE VI
constitutional guarantees
Section I The Constitutional Court.
Art 134.
The Constitutional Court judges:
disputes relating to the constitutionality of laws and enactments having the force of law, the State and the Regions;
on conflicts of jurisdiction between state powers and those between the State and the Regions and between Regions;
allegations against the President of the Republic, under the Constitution.
Article 135.
The Constitutional Court is composed of fifteen judges, a third nominated by the President of the Republic, a third by Parliament in joint session and a third by the ordinary and administrative supreme courts.
The Constitutional Court judges are chosen from among retired judges, including Supreme Court of the ordinary and administrative, university professors and lawyers in legal matters after twenty years of operation.
The Constitutional Court judges are appointed for nine years, beginning in each case from the day of the oath, and may not be reappointed.
On expiry of the Constitutional Court ceases to hold office and exercise of the functions.
The Court shall elect from among its members, according to the rules laid down by law, the President, who shall hold office for three years and may be reelected, in any case, the expiry term of court.
The office of judge shall be incompatible with membership of Parliament, a Regional Council, with the exercise of the legal profession and with every appointment and office indicated by law.
In impeachment against the President of the Republic, more than the ordinary judges of the Court, sixteen members chosen by lot from a list of citizens who are qualified for election to the Senate, which the Parliament prepares every nine years through election using the same procedures for the appointment of judges.
Article 136.
When the Court declares unconstitutional a provision of law or enactment having the force of law, the law ceases to have effect the day following the publication of the decision.
The Court's decision is published and communicated to the Chambers and the Regional Councils concerned, so that, if he considers it necessary, shall act in conformity with constitutional procedures.
Article 137.
A constitutional law shall establish the conditions, forms, terms of proposing judgments on constitutionality, and the guarantees of the independence of judges.
Ordinary laws shall establish the other rules necessary for the establishment and operation of the Court.
against decisions of the Constitutional Court shall be no appeal.
Section II Amendments to the Constitution. Constitutional law.
Article 138.
Laws amending the Constitution and other constitutional laws are adopted by each House after two successive debates at intervals of not less than three months, and shall be approved by an absolute majority of the members of each house in the second vote.
The laws are submitted to popular referendum when, within three months of their publication, such request is one-fifth Members of a House or five hundred thousand voters or five regional councils. The law submitted to referendum is not promulgated if not approved by a majority of valid votes.
shall not be held to a referendum if the law was passed in the second voting by each of the Houses by a majority of two thirds of its members.
Article 139.
The form of Republic shall not be subject to constitutional review.
TRANSITIONAL AND FINAL
I
With the entry into force of the Constitution of the Provisional Head of State shall exercise the powers of the President and assume that title.
II
If the date of the election of the President of the Republic does not consist of all the regional councils, participate in the election, only members of both houses.
III
For the first composition of the Senate, senators are appointed by decree of the President of the Republic, Members of the Constituent Assembly if they meet the legal requirements for senators and that:
were Presidents of the Council of Ministers or of the Legislative Assemblies;
have been part of the dissolved Senate
had at least three elections, including Assembly Constituent
were dismissed at the sitting of the Chamber of Deputies of 9 November 1926;
have served a term of imprisonment of not less than five years after conviction of the special court for the defense of the fascist state.
also senators are appointed by decree of the President of the Republic, members of the dissolved Senate who have been part of the National Council.
The right to be appointed senator may withdraw before the signing of the decree of appointment. Acceptance of candidacy in elections constitute renunciation of the right to be appointed senator.
IV
For the first election of the Senate is considered Molise Region in itself, with the number of Senators on the basis of its population.
The provisions of Article V. 80 of the Constitution with regard to international treaties which impose financial burdens or changes in the law, effective from the date of convocation of Parliament.
VI
Within five years after entry into force of the Constitution, the revision of the special jurisdiction of existing, subject to the jurisdiction of the Council of State, the Court of Auditors and the military tribunals.
Within one year from the same date, a law shall provide for the adjustment of the Supreme Military Court in relation to Article 111.
VII
Until the new law is enacted on the Judiciary in accordance with the Constitution, continue to observe the provisions in force.
Until it is operational on the Constitutional Court, the decision of disputes mentioned in Article 134 shall be conducted in the manner and within the limits of existing regulations coming into force of the Constitution.
VIII
The elections of the regional councils and the elected bodies of provincial administration shall be called within one year after the entry into force of the Constitution.
Laws of the Republic shall regulate for every branch of public administration the passage of the state functions attributed to the regions. Until such time as the reorganization and distribution of administrative functions among the local authorities remain the provinces and the municipalities currently performing the functions and others which the Regions may delegate to them the exercise.
Laws of the Republic shall regulate the transfer to the Regions of officials and employees of the State, including central government, which is necessitated by the new provisions. In setting up their offices the Regions shall, except in cases of necessity, draw their personnel from the State and Local Government.
IX
The Republic, within three years after the entry into force of this Constitution, shall adjust its laws to the needs of local and legislative power devolved to the regions.
X
the Region of Friuli-Venezia Giulia, in art. 116, shall apply provisionally the general provisions of Title V of Part Two, subject to the protection of linguistic minorities in accordance with art. 6.
XI
Up until five years after entry into force of the Constitution may, by constitutional laws, to form other regions, changes the list in art. 131, even without the conditions requested by the first paragraph of Article 132, however, still remains the obligation to consult the peoples concerned.
XII
reorganization is prohibited in any form, the dissolved fascist party.
Notwithstanding Article 48, shall be determined by law, for not more than five years after entry into force of the Constitution, temporary limitations on voting rights and eligibility for the leaders responsible for the fascist regime.
XIII
goods, existing in the national territory of the former kings of the House of Savoy, their spouses and their male descendants shall revert to the State. Transfers and the establishment of royal rights on the property in question, which took place after June 2, 1946 are void.
XIV
Titles of nobility are not recognized.
The predicates of those existing before October 28, 1922 shall serve as part of the name.
The Order of Saint Mauritius is preserved as a hospital and work in the manner prescribed by law.
The law regulates the removal of the Heraldic Council.
XV
With the entry into force of the Constitution was enacted into law by the deputy legislative decree June 25 1944, no 151 on the provisional organization of the state.
XVI
Within one year after entry into force of the Constitution shall review and coordinate it with the previous constitutional laws that are not been explicitly or implicitly repealed.
XVII
The Constituent Assembly will be convened by its President to decide, before 31 January 1948 on the law for the election of the Senate, on the special regional statutes and the law governing the press.
Until the day of elections for the new houses, the Constituent Assembly may be convened when there is need for deliberate on matters assigned to its jurisdiction by Article 2, first and second paragraphs, and 3, the first and second paragraph, of Legislative Decree 16 March 1946, No 98.
At that time the Standing Committees shall continue in office. Those laws refer to the Government draft legislation, submitted to them, with their observations and proposals for amendments.
Members may submit questions to the Government with a request for written answers.
The Constituent Assembly, the effects of the second paragraph of this Article, shall be convened by its President at the request of the Government or at least two hundred members.
XVIII
This Constitution shall be promulgated by the provisional Head of State within five days of its approval by the Constituent Assembly and came into force on 1 January 1948.
The text of the Constitution shall be deposited in the Town Hall of each municipality of the Republic and there exposed, for the whole of 1948, so that every citizen to know.
The Constitution, bearing the seal of the State, shall be included in official laws and decrees of the Republic.
The Constitution must be faithfully observed as the fundamental law of the Republic by all citizens and by the State.
date in Rome, this day of 27 December 1947.
ENRICO DE NICOLA
countersigned:
The President of the Constituent Assembly:
Umberto Terracini
The President of the Council of Ministers:
DE GASPERI ALCIDE
Viewed: Keeper of the Joseph Grasso
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