يقول رسول الله صلى الله عليه وآله وسلم : أتاني جبريل عليه السلام فقال يا محمد : إن أمتك مختلفة بعدك . قال : فقلت له : فأين المخرج يا جبريل ، فقال : كتاب الله تعالى به يقصم الله كل جبار ، من اعتصم به نجا ، ومن تركه هلك ، قال وفيه قول فصل ، وليس بالهزل ، لا تختلقه الألسن ، ولا تفنى أعاجيبه . فيه نبأ ما كان من قبلكم ، وفصل ما بينكم ، وخبر ما هو كائن بعدكم . ))

الموقع الشخصي
لأعمال الدكتور
راتب عبد الوهاب السمان
info@kitabuallah.com

الدستور الإيطالي

Senato

della Repubblica

Constitution

of the Italian

Republic

 

CONTENTS

FUNDAMENTAL PRINCIPLES . . . . . . . . . . . . . . . . . Pag. 5

PART I – RIGHTS AND DUTIES OF CITIZENS . . . . » 7

TITLE I – CIVIL RELATIONS . . . . . . . . . . . . . . . . . . . . » 7

TITLE II – ETHICAL AND SOCIAL RIGHTS AND DUTIES » 10

TITLE III – ECONOMIC RIGHTS AND DUTIES . . . . . . . » 12

TITLE IV – POLITICAL RIGHTS AND DUTIES . . . . . . . » 14

PART II – ORGANISATION OF REPUBLIC . . . . . . . » 16

TITLE I – THE PARLIAMENT . . . . . . . . . . . . . . . . . . . . » 16

Section I – The Houses . . . . . . . . . . . . . . . . . . . . . . . . . » 16

Section II – The Legislative Process . . . . . . . . . . . . . . . » 19

TITLE II – THE PRESIDENT OF THE REPUBLIC . . . . . . » 22

TITLE III – THE GOVERNMENT . . . . . . . . . . . . . . . . . » 24

Section I – The Council of Ministers . . . . . . . . . . . . . . . » 24

Section II – Public Administration . . . . . . . . . . . . . . . . » 25

Section III – Auxiliary Bodies . . . . . . . . . . . . . . . . . . . . » 25

TITLE IV – THE JUDICAL BRANCH . . . . . . . . . . . . . . . » 26

Section I – The Organisation of the Judiciary . . . . . . . . » 26

Section II – Rules on Jurisdiction . . . . . . . . . . . . . . . . . » 28

3

TITLE V – REGIONS, PROVINCES - MUNICIPALITIES . » 30

TITLE VI – CONSTITUTIONAL GUARANTEES . . . . . . . . » 37

Section I – The Constitutional Court . . . . . . . . . . . . . . . » 37

Section II – Amendments to the Constitution.

Constitutional Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . » 38

TRANSITIONAL AND FINAL PROVISIONS . . . . . . » 39

4

CONSTITUTION

OF THE ITALIAN REPUBLIC

FUNDAMENTAL PRINCIPLES

Art. 1

Italy is a democratic Republic founded on labour.

Sovereignty belongs to the people and is exercised by the people in the forms

and within the limits of the Constitution.

Art. 2

The Republic recognises and guarantees the inviolable rights of the person,

both as an individual and in the social groups where human personality is

expressed. The Republic expects that the fundamental duties of political,

economic and social solidarity be fulfilled.

Art. 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.

It is the duty of the Republic to remove those obstacles of an economic or

social nature which constrain the freedom and equality of citizens, thereby

impeding the full development of the human person and the effective

participation of all workers in the political, economic and social organisation

of the country.

Art. 4

The Republic recognises the right of all citizens to work and promotes those

conditions which render this right effective.

Every citizen has the duty, according to personal potential and individual

choice, to perform an activity or a function that contributes to the material or

spiritual progress of society.

Art. 5

The Republic is one and indivisible. It recognises and promotes local

autonomies, and implements the fullest measure of administrative

decentralisation in those services which depend on the State. The Republic

5

adapts the principles and methods of its legislation to the requirements of

autonomy and decentralisation.

Art. 6

The Republic safeguards linguistic minorities by means of appropriate

measures.

Art. 7

The State and the Catholic Church are independent and sovereign, each

within its own sphere.

Their relations are regulated by the Lateran pacts. Amendments to such Pacts

which are accepted by both parties shall not require the procedure of

constitutional amendments.

Art. 8

All religious denominations are equally free before the law.

Denominations other than Catholicism have the right to self-organisation

according to their own statutes, provided these do not conflict with Italian law.

Their relations with the State are regulated by law, based on agreements with

their respective representatives.

Art. 9

The Republic promotes the development of culture and of scientific and

technical research.

It safeguards natural landscape and the historical and artistic heritage of the

Nation.

Art. 10

The Italian legal system conforms to the generally recognised principles of

international law.

The legal status of foreigners is regulated by law in conformity with

international provisions and treaties.

A foreigner who, in his home country, is denied the actual exercise of the

democratic freedoms guaranteed by the Italian constitution shall be entitled to

the right of asylum under the conditions established by law.

A foreigner may not be extradited for a political offence.

Art. 11

Italy rejects war as an instrument of aggression against the freedom of other

peoples and as a means for the settlement of international disputes. Italy

6

agrees, on conditions of equality with other States, to the limitations of

sovereignty that may be necessary to a world order ensuring peace and justice

among the Nations. Italy promotes and encourages international organisations

furthering such ends.

Art. 12

The flag of the Republic is the Italian tricolour: green, white and red, in three

vertical bands of equal size.

PART I

RIGHTS AND DUTIES OF CITIZENS

TITLE I

CIVIL RELATIONS

Art. 13

Personal liberty is inviolable.

No one may be detained, inspected, or searched nor otherwise subjected

to any restriction of personal liberty except by order of the Judiciary

stating a reason and only in such cases and in such manner as provided by

the law.

In exceptional circumstances and under such conditions of necessity and

urgency as shall conclusively be defined by the law, the police may take

provisional measures that shall be referred within 48 hours to the Judiciary for

validation and which, in default of such validation in the following 48 hours,

shall be revoked and considered null and void.

Any act of physical and moral violence against a person subjected to

restriction of personal liberty shall be punished.

The law shall establish the maximum duration of preventive detention.

Art. 14

The home is inviolable.

Personal domicile shall be inviolable.

Home inspections, searches, or seizures shall not be admissible save in the

cases and manners complying with measures to safeguard personal liberty.

Controls and inspections for reason of public health and safety, or for

economic and fiscal purposes, shall be regulated by appropriate laws.

7

Art. 15

Freedom and confidentiality of correspondence and of every other form of

communication is inviolable.

Limitations may only be imposed by judicial decision stating the reasons and

in accordance with the guarantees provided by the law.

Art. 16

Every citizen has the right to reside and travel freely in any part of the country,

except for such general limitations as may be established by law for reasons

of health or security. No restriction may be imposed for political reasons.

Every citizen is free to leave the territory of the republic and return to it,

notwithstanding any legal obligations.

Art. 17

Citizens have the right to assemble peaceably and unarmed.

No previous notice is required for meetings, including those held in places

open the public.

In case of meetings held in public places, previous notice shall be given to the

authorities, who may prohibit them only for proven reason of security or

public safety.

Art. 18

Citizens have the right to form associations freely and without authorization

for those ends that are not forbidden by criminal law.

Secret associations and associations that, even indirectly, pursue political

aims by means of organisations having a military character shall be forbidden.

Art. 19

Anyone is entitled to freely profess their religious belief in any form,

individually or with others, and to promote them and celebrate rites in

public or in private, provided they are not offensive to public morality.

Art. 20

No special limitation or tax burden may be imposed on the establishment,

legal capacity or activities of any organisation on the ground of its religious

nature or its religious or confessionai aims.

Art. 21

Anyone has the right to freely express their thoughts in speech, writing, or any

other form of communication.

8

The press may not be subjected to any authorisation or censorship.

Seizure may be permitted only by judicial order stating the reason and only

for offences expressly determined by the law on the press or in case of

violation of the obligation to identify the persons responsible for such

offences.

In such cases, when there is absolute urgency and timely intervention of the

Judiciary is not possible, a periodical may be confiscated by the criminal

police, which shall immediately and in no case later than 24 hours refer the

matter to the Judiciary for validation. In default of such validation in the

following 24 hours, the measure shall be revoked and considered null and

void.

The law may introduce general provisions for the disclosure of financial

sources of periodical publications.

Publications, performances, and other exhibits offensive to public morality

shall be prohibited. Measures of preventive and repressive measure against

such violations shall be established by law.

Art. 22

No-one may be deprived of his legal capacity, citizenship, or name for

political reasons.

Art. 23

No obligation of a personal or financiai nature may be imposed on any person

except by law.

Art. 24

Anyone may bring cases before a court of law in order to protect their rights

under civil and administrative law.

Defense is an inviolable right at every stage and instance of legal proceedings.

The poor are entitled by law to proper means for action or defense in all

courts.

The law shall define the conditions and forms of reparation in case of judicial

errors.

Art. 25

No case may be removed from the court seized with it as established by law.

No punishment may be inflicted except by virtue of a law in force at the time

tehe offence was committed.

No restriction may be placed on a person's liberty save for as provided by law.

9

Art. 26

Extradition of a citizen may be granted only if it is expressly envisaged by

international conventions.

In any case, extradition may not be permitted for political offences.

Art. 27

Criminal responsibility is personal.

A defendant shall be considered not guilty until a final sentence has been

passed.

Punishments may not be inhuman and shall aim at re-educating the convicted.

Death penalty is prohibited (1).

Art. 28

Officials of the State or public agencies shall be directly responsible under

criminal, civil, and administrative law for acts committed in violation of

rights.

In such cases, civil liability shall extend to the State and to such public

agency.

TITLE II

ETHICAL AND SOCIAL RIGHTS AND DUTIES

Art. 29

The Republic recognises the rights of the family as a natural society founded

on marriage.

Marriage is based on the moral and legal equality of the spouses within the

limits laid down by law to guarantee the unity of the family.

Art. 30

It is the duty and right of parents to support, raise and educate their children,

even if born out of wedlock.

In the case of incapacity of the parents, the law provides for the fulfilment of

their duties.

The law ensures such legal and social protection measures as are compatible

with the rights of the members of the legitimate family to any children born

out of wedlock.

The law shall establish rules and constraints for the determination of

paternity.

10 (1) Article amended by Constitutional Amendment Law no. 1 of 2 October 2007

Art. 31

The Republic assists the formation of the family and the fulfilment of its

duties, with particular consideration for large families, through economic

measures and other benefits.

The Republic protects mothers, children and the young by adopting

necessary provisions.

Art. 32

The Republic safeguards health as a fundamental right of the individual

and as a collective interest, and guarantees free medical care to the

indigent.

No one may be obliged to undergo any health treatment except under the

provisions of the law. The law may not under any circumstances violate the

limits imposed by respect for the human person.

Art. 33

The Republic guarantees the freedom of the arts and sciences, which may

be freely taught.

The Republic lays down general rules for education and establishes state

schools of all branches and grades.

Entities and private persons have the right to establish schools and

institutions of education, at no cost to the State.

The law, when setting out the rights and obligations for the non-state

schools which request parity, shall ensure that these schools enjoy full

liberty and offer their pupils an education and qualifications of the same

standards as those afforded to pupils in state schools.

State examinations are prescribed for admission to and graduation from the

various branches and grades of schools and for qualification to exercise a

profession.

Higher education institutions, universities and academies, have the right to

establish their own regulations within the limits laid down by the law.

Art. 34

Schools are open to everyone.

Primary education, given for at least eight years, is compulsory and free of

tuition.

Capable and deserving pupils, including those lacking financial resources,

have the right to attain the highest levels of education.

The Republic renders this right effective through scholarships, allowances

to families and other benefits, which shall be assigned through competitive

examinations.

11

TITLE III

ECONOMIC RIGHTS AND DUTIES

Art. 35

The Republic protects work in all its forms and practices.

It provides for the training and professional advancement of workers.

It promotes and encourages international agreements and organisations

which have the aim of establishing and regulating labour rights.

It recognises the freedom to emigrate, subject to the obligations set out by

law in the general interest, and protects Italian workers abroad.

Art. 36

Workers have the right to a remuneration commensurate to the quantity

and quality of their work and in any case such as to ensure them and their

families a free and dignified existence.

Maximum daily working hours are established by law.

Workers have the right to a weekly rest day and paid annual holidays. They

cannot waive this right.

Art. 37

Working women are entitled to equal rights and, for comparable jobs,

equal pay as men. Working conditions must allow women to fulfil their

essential role in the family and ensure appropriate protection for the

mother and child.

The law establishes the minimum age for paid labour.

The Republic protects the work of minors by means of special provisions

and guarantees them the right to equal pay for equal work.

Art. 38

Every citizen unable to work and without the necessary means of

subsistence is entitled to welfare support.

Workers have the right to be assured adequate means for their needs and

necessities in the case of accidents, illness, disability, old age and

involuntary unemployment.

Disabled and handicapped persons are entitled to receive education and

vocational training.

Responsibilities under this article are entrusted to entities and institutions

established by or supported by the State.

Private-sector assistance may be freely provided.

12

Art. 39

Trade unions may be freely established.

No obligations may be imposed on trade unions other than registration at

local or central offices, according to the provisions of the law.

A condition for registration is that the statutes of the trade unions establish

their internal organisation on a democratic basis.

Registered trade unions are legal persons. They may, through a unified

representation that is proportional to their membership, enter into collective

labour agreements that have a mandatory effect for all persons belonging to

the categories referred to in the agreement.

Art. 40

The right to strike shall be exercised in compliance with the law.

Art. 41

Private economic enterprise is free.

It may not be carried out against the common good or in such a manner that

could damage safety, liberty and human dignity.

The law shall provide for appropriate programmes and controls so that public

and private-sector economic activity may be oriented and co-ordinated for

social purposes.

Art. 42

Property is public or private. Economic assets may belong to the State, to

public bodies or to private persons. Private property is recognised and

guaranteed by the law, which prescribes the ways it is acquired, enjoyed

and its limitations so as to ensure its social function and make it accessible

to all.

In the cases provided for by the law and with provisions for compensation,

private property may be expropriated for reasons of general interest.

The law establishes the regulations and limits of legitimate and testamentary

inheritance and the rights of the State in matters of inheritance.

Art. 43

For the purposes of the common good, the law may establish that an

enterprise or a category thereof be, through a pre-emptive decision or

compulsory purchase authority with provision of compensation, reserved to

the Government, a public agency, a workers' or users' association, provided

that such enterprise operates in the field of essential public services, energy

sources or monopolies and are of general public interest.

13

Art. 44

For the purpose of ensuring the rational use of land and equitable social

relationships, the law imposes obligations and constraints on private

ownership of land; it sets limitations to the size of property according to

the region and the agricultural area; encourages and imposes land

reclamation, the conversion of latifundia and the reorganisation of farm

units; and assists small and medium-sized properties.

The law makes provisions for mountain areas.

Art. 45

The Republic recognises the social function of co-operation of a mutually

supportive, non-speculative nature. The law promotes and encourages cooperation

through appropriate means and ensures its character and

purposes through appropriate checks.

The law safeguards and promotes the handicrafts.

Art. 46

For the economic and social betterment of workers and in harmony with

the needs of production, the Republic recognises the rights of workers to

collaborate in the management of enterprises, in the ways and within the

limits established by law.

Art. 47

The Republic encourages and safeguards savings in all forms. It regulates,

co-ordinates and oversees the operation of credit.

The Republic promotes house and farm ownership and direct and indirect

shareholding in the main national enterprises through the use of private

savings.

TITLE IV

POLITICAL RIGHTS AND DUTIES

Art. 48

Any citizen, male or female, who has attained majority, is entitled to

vote.

The vote is personal and equal, free and secret. The exercise thereof is a

civic duty.

The law lays down the requirements and modalities for citizens residing

abroad to exercise their right to vote and guarantees that this right is

14

effective. A constituency of Italians abroad shall be established for

elections to the Houses of Parliament; the number of seats of such

constituency is set forth in a constitutional provision according to criteria

established by law.

The right to vote cannot be restricted except for civil incapacity or as a

consequence of an irrevocable penal sentence or in cases of moral

unworthiness as laid down by law.

Art. 49

Any citizen has the right to freely establish parties to contribute to

determining national policies through democratic processes.

Art. 50

Any citizen may present petitions to Parliament to request legislative

measures or to express collective needs.

Art. 51

Any citizen of either sex is eligible for public offices and elected

positions on equal terms, according to the conditions established by law.

To this end, the Republic shall adopt specific measures to promote equal

opportunities between women and men.

The law may grant Italians who are not resident in the Republic the same

rights as citizens for the purposes of access to public offices and elected

positions.

Whoever is elected to a public function is entitled to the time needed to

perform that function and to retain a previously held job.

Art. 52

The defence of the country is a sacred duty for every citizen.

Military service is obligatory within the limits and in the manner set by

law. Its fulfilment shall not prejudice a citizen’s job, nor the exercise of

political rights.

The organisation of the armed forces shall be based on the democratic

spirit of the Republic.

Art. 53

Every person shall contribute to public expenditure in accordance with

their capability.

The tax system shall be progressive.

15

Art. 54

All citizens have the duty to be loyal to the Republic and to uphold its

Constitution and laws.

Those citizens to whom public functions are entrusted have the duty to fulfil

such functions with discipline and honour, taking an oath in those cases

established by law.

PART II

ORGANISATION OF REPUBLIC

TITLE I

THE PARLIAMENT

Section I

The Houses

Art. 55

Parliament consists of the Chamber of deputies and the Senate of the

Republic.

Parliaments shall meet in joint session only in cases established by this

Constitution.

Art. 56

The Chamber of deputies is elected by direct and universal suffrage.

The number of deputies is six hundred and thirty, twelve of which are elected

in the overseas constituency. All voters who have attained the age of twentyfive

on the day of elections are eligible to be deputies.

The division of seats among the electoral 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 latest general

census of the population, by six hundred eighteen and by distributing the seats

in proportion to the population in every electoral district, on the basis of

whole shares and highest remainders.

Art. 57

The Senate of the Republic is elected on a regional basis, with the exception

of the seats assigned to the overseas constituency.

The number of senators to be elected is three hundred and fifteen, six of

16

whom are elected in the overseas constituency. No Region may have fewer

than seven Senators; Molise shall have two, Valle d’Aosta one.

The division of seats among the Regions, with the exception of the number of

seats assigned to the overseas constituency and in accordance with the

provisions of Article 56 above, is made in proportion to the population of the

Regions as per the latest general census, on the basis of whole shares and

highest remainders.

Art. 58

Senators are elected by universal and direct suffrage by voters who are

twenty-five years of age.

Voters who have attained the age of forty are eligible to be elected to the

Senate.

Art. 59

Former Presidents of the Republic are Senators by right and for life unless

they renounce the office.

The President of the Republic may appoint five citizens who have honoured

the Nation through their outstanding achievements in the social, scientific,

artistic and literary fields as life Senators.

Art. 60

The Chamber of deputies and the Senate of the Republic are elected for five

years.

The term for each House may not be extended, except by law and only in the

case of war.

Art. 61

Elections for a new Parliament shall take place within seventy days from the

end of the term of the previous Houses. The first meeting is convened no later

than twenty days after the elections.

Until such time as the new Houses meet, the powers of the previous Houses

are extended.

Art. 62

In default of any other provisions, Parliament shall be convened on the first

working day of February and October.

Each House may be convened in special session on the initiative of its

President, the President of the Republic or a third of its members.

When one House is convened in special session, the other House is convened

as a matter of course.

17

Art. 63

Each House shall elect a President and a Bureau from among its members.

When Parliament meets in joint session, the President and the Bureau are

those of the Chamber of Deputies.

Art. 64

Each House adopts its own Rules by an absolute majority of its members.

The sittings are public; however, each of the Houses and Parliament in

joint session may decide to convene a closed session.

The decisions of each House and of Parliament are not valid if the majority

of the members is not present, and if they are not passed by a majority of

those present, save for those instances where the Constitution prescribes a

special majority.

Members of the Government, even when not members of Parliament, have

the right, and, when requested, the obligation to attend the sittings. They

shall be heard every time they so request.

Art. 65

The law determines the cases of disqualification with the office of deputy

or senator.

No one may be a member of both Houses at the same time.

Art. 66

Each House verifies the credentials of its members and the causes of

disqualification that may arise at a later stage.

Art. 67

Each Member of Parliament represents the Nation and carries out his

duties without a binding mandate.

Art. 68

Members of Parliament cannot be held accountable for the opinions

expressed or votes cast in the performance of their function.

In default of the authorisation of his House, no Member of Parliament may

be submitted to personal or home search, nor may he be arrested or

otherwise deprived of his personal freedom, nor held in detention, except

when a final court sentence is enforced, or when the Member is

apprehended in the act of committing an offence for which arrest flagrante

delicto is mandatory.

18

Such an authorization shall also be required in order to monitor a Member

of Parliament's conversations or communications, or to seize such

member’s mail.

Art. 69

Members of Parliament shall receive an allowance established by law.

Section II

The Legislative Process

Art. 70

The legislative function is exercised collectively by both Houses.

Art. 71

Legislation may be introduced by the Government, by a Member of

Parliament and by those entities and bodies so empowered by

constitutional amendment law.

The people may initiate legislation by proposing a bill drawn up in sections

and signed by at least fifty-thousand voters.

Art. 72

A Bill introduced in either House of Parliament shall, under the Rules of

procedure of such House, be scrutinised by a Committee and then by the

whole House, which shall consider it section by section and then put it to

the final vote.

The Rules shall establish shorter procedures to consider a Bill that has been

declared urgent.

They may also establish when and how the consideration and approval of

bills may be referred to Committees, including Standing Committees,

composed so as to reflect the proportion of the Parliamentary Groups. Even

in such cases, until the moment of its final approval, a bill may be referred

back to the whole 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 that it be submitted to the House for final

approval, following explanations of vote. The Rules shall establish the ways

in which the proceedings of Committees are made public.

The ordinary procedure for consideration and direct approval by the House

is always followed in the case of bills on constitutional and electoral

19

matters, delegating legislation, ratification of international treaties and the

approval of budgets and accounts.

Art. 73

Laws are promulgated by the President of the Republic within one month

of their approval.

If the Houses, each by an absolute majority of its members, declare a law

to be urgent, the law is promulgated within the deadline established

therein.

A laws is published immediately after promulgation and comes into force

on the fifteenth day following publication, unless such law establishes a

different deadline.

Art. 74

The President of the Republic may send Parliament a reasoned opinion to

request that a law scheduled for promulgation be considered anew.

If such law is passed again, it shall be promulgated.

Art. 75

A general referendum may be held to repeal, in whole or in part, a law or

a measure having he force of law, when so requested by five hundred

thousand voters or five Regional Councils.

No referendum may be held on a law regulating taxes, the budget, amnesty

or pardon, or a law ratifying an international treaty.

Any citizen entitled to vote for the Chamber of deputies has the right to

vote in a referendum.

The referendum shall be considered to have been carried if the majority of

those eligible has voted and a majority of valid votes has been achieved.

Art. 76

The exercise of the legislative function may not be delegated to the

Government unless principles and criteria have been established and then

only for a limited time and for specified purposes.

Art. 77

The Government may not, without an enabling act from the Houses, issue

a decree having force of law.

When the Government, in case of necessity and urgency, adopts under its

own responsibility a temporary measure, it shall introduce such measure to

Parliament for transposition into law. During dissolution, Parliament shall

be convened within five days of such introduction.

20

Such a measure shall lose effect from the beginning if it is not transposed

into law by Parliament within sixty days of its publication. Parliament may

regulate the legal relations arisen from the rejected measure.

Art. 78

Parliament has the authority to declare a state of war and vest the necessary

powers into the Government.

Art. 79

Amnesty and pardon may ge granted by a law which has received a twothirds

majority in both Houses of Parliament, on each section and on the

final vote.

Such law shall set the deadline for the implementation of amnesty or

pardon.

Amnensty and pardon thus introduced may not be granted in the cases of

a crime committed after the introduction of such bill.

Art. 80

Parliament shall authorise by law the ratification of such international

treaties as have a political nature, require arbitration or a legal settlement,

entail change of borders, spending or new legislation.

Art. 81

Every year, Parliament shall pass the budget and the financial statements

introduced by the Government.

Interim budget authority may not be granted save by law and for not longer

than four months.

The Budget may not introduce new taxes and new expenditures.

Any other law involving new or increased spending shall detail the means

therefor.

Art. 82

Each House of Parliament may conduct enquiries on matters of public

interest.

For this purpose, it shall detail from among its members a Committee

formed in such a way so as to represent the proportionality of existing

Parliamentary Groups. A Committee of Enquiry may conduct

investigations and examination with the same powers and limitations as

the judiciary.

21

TITLE II

THE PRESIDENT OF THE REPUBLIC

Art. 83

The President of the Republic is elected by Parliament in joint session.

Three delegates from every Region elected by the Regional Council so as

to ensure that minorities are represented shall participate in the election.

Valle d’Aosta has one delegate only.

The election of the President of the Republic is by secret ballot with a

majority of two thirds of the assembly. After the third ballot an absolute

majority shall suffice.

Art. 84

Any citizen who has attained fifty years of age and enjoys civil and

political rights can be elected President of the Republic.

The office of President of the Republic is incompatible with any other

office.

The remuneration and entitlements of the President are established by law.

Art. 85

The President of the Republic is elected for seven years.

Thirty days before the expiration of the term, the 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.

During dissolution of Parliament or in the three months preceding

dissolution, the election shall be held within the first fifteen days of the

first sitting of a new Parliament.

In the intervening time, the powers of the incumbent President are

extended.

Art. 86

The functions of the President of the Republic, in all cases in which the

President cannot perform them, shall be performed 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 shall call an

election of a new President of the Republic within fifteen days,

notwithstanding the longer term envisaged during dissolution of

Parliament or in the three months preceding dissolution.

22

Art. 87

The President of the Republic is the Head of the State and represents

national unity.

The President may send messages to Parliament.

The President shall:

– authorise the introduction to Parliament of bills initiated by the

Government;

– promulgate laws and issue decrees having the force of law, and

regulations;

– call a general referendum in the cases provided for by the Constitution;

– appoint State officials in the cases provided for by the law;

– accredit and receive diplomatic representatives, and ratify international

treaties which have, where required, been authorised by Parliament.

The President is the commander-in-chief of the armed forces, shall preside

over the Supreme Council of Defence established by law, and shall make

declarations of war as have been agreed by Parliament.

The President shall preside over the High Council of the Judiciary.

The President may grant pardons and commute punishments.

The President shall confer the honorary distinctions of the Republic.

Art. 88

In consultation with the presiding officers of Parliament, the President may

dissolve one or both Houses of Parliament.

The President of the Republic may not exercise such right during the final

six months of the presidential term, unless said period coincides in full or

in part with the final six months of Parliament.

Art. 89

A writ of the President of the Republic shall not be valid unless signed by

the proposing Minister, who shall be accountable for it.

A writ having force of law and other writs issued by virtue of a law shall

be countersigned by the President of the Council of Ministers.

Art. 90

The President of the Republic is not responsible for the actions performed

in the exercise of presidential duties, except in the case of high treason or

violation of the Constitution.

In such cases, the President may be impeached by Parliament in joint

session, with an absolute majority of its members.

23

Art. 91

Before taking office, the President of the Republic shall take an oath of

allegiance to the Republic and pledge to uphold the Constitution before

Parliament in joint session.

TITLE III

THE GOVERNMENT

Section I

The Council of Ministers

Art. 92

The Government of the Republic is made up of the President of the

Council 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.

Art. 93

Before taking office, the President of the Council of Ministers and the

Ministers shall be sworn in by the President of the Republic.

Art. 94

The Government must receive the confidence of both Houses of

Parliament.

Each House grants or withdraws its confidence through a reasoned motion

voted on by roll-call.

Within ten days of its formation the Government shall come before

Parliament to obtain confidence.

An opposing vote by one or both the Houses against 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 cannot be debated earlier than three days from

its presentation.

Art. 95

The President of the Council conducts and holds responsibility for the

general policy of the Government.

The President of the Council ensures the coherence of political and

administrative policies, by promoting and co-ordinating the activity of the

Ministers.

24

The Ministers are collectively responsible for the acts of the Council of

Ministers; they are individually responsible for the acts of their own

ministries.

The law establishes the organisation of the Presidency of the Council, as well

as the number, competence and organisation of the ministries.

Art. 96

The President of the Council of Ministers and the 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, in accordance with the norms

established by Constitutional Law.

Section II

Public Administration

Art. 97

Public offices are organised according to the provisions of law, so as to ensure

the efficiency and impartiality 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.

Art. 98

Civil servants are exclusively at the service of the Nation.

If they are Members of Parliament, they may not be promoted in their

services, except through seniority.

The law may set limitations 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.

Section III

Auxiliary Bodies

Art. 99

The National Council for Economics and Labour is composed, as set out

by law, of experts and representatives of the economic categories, in such

25

a proportion as to take account of their numerical and qualitative

importance.

It serves as a consultative body for Parliament and the Government 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.

Art. 100

The Council of State is a legal-administrative consultative body and it

oversees the administration of justice.

The Court of Accounts exercises preventive control over the legitimacy of

Government measures, and also ex-post auditing of the administration of

the State Budget. 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. 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.

TITLE IV

THE JUDICAL BRANCH

Section I

The Organisation of the Judiciary

Art. 101

Justice is administered in the name of the people.

Judges are subject only to the law.

Art. 102

Judicial proceedings are exercised by ordinary magistrates empowered and

regulated by the provisions concerning the Judiciary.

Extraordinary or special judges may not be established. Only specialised

sections for specific matters within the ordinary judicial bodies may be

established, and these sections may include the participation of qualified

citizens who are not members of the Judiciary.

The law regulates the cases and forms of the direct participation of the

people in the administration of justice.

26

Art. 103

The Council of State and the other bodies of judicial administration have

jurisdiction over the protection of legitimate rights before the public

administration and, in particular matters laid out by law, also of subjective

rights.

The Court of Accounts has jurisdiction in matters of public accounts and

in other matters laid out by law.

Military tribunals in times 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.

Art. 104

The Judiciary is a branch that is autonomous and independent of all other

powers.

The High Council of the Judiciary is presided over by the President of the

Republic.

The first president and the general prosecutor of the Court of Cassation are

members by right.

Two thirds of the members are elected by all the ordinary judges belonging

to the various categories, and one third are elected by Parliament in joint

session from among university professors of law and lawyers with fifteen

years of practice.

The Council elects a vice-president from among those members designated

by Parliament.

Elected members of the Council remain in office for four years and cannot

be immediately re-elected.

They may not, while in office, be registered in professional rolls, nor serve

in Parliament or on a Regional Council.

Art. 105

The High Council of the Judiciary, in accordance with the regulations of

the Judiciary, has jurisdiction for employment, assignments and transfers,

promotions and disciplinary measures of judges.

Art. 106

Judges are appointed through competitive examinations.

The law on the regulations of the Judiciary allows the appointment, also by

election, of honorary judges for all the functions performed by single

judges.

27

Following a proposal by the High Council of the Judiciary, university

professors of law and lawyers with fifteen years of practice and registered

in the special professional rolls for the higher courts may be appointed for

their outstanding merits as Cassation councillors.

Art. 107

Judges may not be removed from office; they may not be dismissed or

suspended from office or assigned to other courts or functions unless by a

decision of the High Council of the Judiciary, taken either for the reasons

and with the guarantees of defence established by the provisions

concerning the organisation of Judiciary or with the consent of the judges

themselves.

The Minister of Justice has the power to originate disciplinary action.

Judges are distinguished only by their different functions.

The state prosecutor enjoys the guarantees established in the prosecutor’s

favour by the provisions concerning the organisation of the Judiciary.

Art. 108

The provisions concerning the organisation of the Judiciary and the judges

are laid out by law.

The law ensures the independence of judges of special courts, of state

prosecutors of those courts, and of other persons participating in the

administration of justice.

Art. 109

The legal authorities have direct use of the judicial police.

Art. 110

Without prejudice to the authority of the High Council of the Judiciary, the

Minister of Justice has responsibility for the organisation and functioning

of those services involved with justice.

Section II

Rules on Jurisdiction

Art. 111

Jurisdiction is implemented through due process regulated by law.

All court trials are conducted with adversary proceedings and the parties

28

are entitled to equal conditions before an impartial judge in third party

position. The law provides for the reasonable duration of trials.

In criminal law trials, the law provides that the alleged offender shall be

promptly informed confidentially of the nature and reasons for the charges

that are brought and shall have adequate time and conditions to prepare a

defence. The defendant shall have the right to cross-examine or to have

cross-examined before a judge the persons making accusations and to

summon and examine persons for the defence in the same conditions as the

prosecution, as well as the right to produce all other evidence in favour of

the defence. The defendant is entitled to the assistance of an interpreter in

the case that he or she does not speak or understand the language in which

the court proceedings are conducted.

In criminal law proceedings, the formation of evidence is based on the

principle of adversary hearings. The guilt of the defendant cannot be

established on the basis of statements by persons who, out of their own free

choice, have always voluntarily avoided undergoing cross-examination by

the defendant or the defence counsel.

The law 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.

All judicial decisions shall include a statement of reasons.

Appeals to the Court of Cassation in cases of violations of the law are

always allowed against sentences and against measures affecting personal

freedom pronounced by ordinary and special courts. This rule can only be

waived in cases of sentences by military tribunals in time of war.

Appeals to the Court of Cassation against decisions of the Council of State

and the Court of Accounts are permitted only for reasons of jurisdiction.

Art. 112

The public prosecutor has the obligation to institute criminal proceedings.

Art. 113

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 may not 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.

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TITLE V

REGIONS, PROVINCES - MUNICIPALITIES

Art. 114

The Republic is composed of the Municipalities, the Provinces, the

Metropolitan Cities, the Regions and the State. Municipalities, provinces,

metropolitan cities and regions are autonomous entities having their own

statutes, powers and functions in accordance with the principles laid down in

the Constitution.

Rome is the capital of the Republic. Its status is regulated by State Law.

Art. 115

(Repealed)

Art. 116

Friuli-Venezia Giulia, Sardinia, Sicily, Trentino-Alto Adige/Südtirol and Valle

d’Aosta/Vallée d’Aoste have special forms and conditions of autonomy

pursuant to the special statutes adopted by constitutional law.

The Trentino-Alto Adige/Südtirol Region is composed of the autonomous

provinces of Trent and Bolzano.

Additional special forms and conditions of autonomy, related to the areas

specified in art. 117, paragraph three and paragraph two, letter l) - limited to

the organisational requirements of the Justice of the Peace - and letters n) and

s), may be attributed to other Regions by State Law, upon the initiative of the

Region concerned, after consultation with the local authorities, in compliance

with the principles set forth in art. 119. Said Law is approved by both Houses

of Parliament with the absolute majority of their members, on the basis of an

agreement between the State and the Region concerned.

Art. 117

Legislative powers shall be vested in the State and the Regions in compliance

with the Constitution and with the constraints deriving from EU legislation

and international obligations.

The State has exclusive legislative powers in the following matters:

a) foreign policy and international relations of the State; relations between

the State and the European Union; right of asylum and legal status of non-

EU citizens;

b) immigration;

c) relations between the Republic and religious denominations;

30

d) defence and armed forces; State security; armaments, ammunition and

explosives;

e) the currency, savings protection and financial markets; competition

protection; foreign exchange system; state taxation and accounting

systems; equalisation of financial resources;

f) state bodies and relevant electoral laws; state referenda; elections to the

European Parliament;

g) legal and administrative organisation of the State and of national public

agencies;

h) public order and security, with the exception of local administrative

police;

i) citizenship, civil status and register offices;

l) jurisdiction and procedural law; civil and criminal law; administrative

judicial system;

m) determination of the basic level of benefits relating to civil and social

entitlements to be guaranteed throughout the national territory;

n) general provisions on education;

o) social security;

p) electoral legislation, governing bodies and fundamental functions of

the Municipalities, Provinces and Metropolitan Cities;

q) customs, protection of national borders and international prophylaxis;

r) weights and measures; standard time; statistical and computerised coordination

of data of state, regional and local administrations; works of

the intellect;

s) protection of the environment, the ecosystem and cultural heritage.

Concurring legislation applies to the following subject matters:

international and EU relations of the Regions; foreign trade; 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; sports; disaster relief;

land-use planning; civil ports and airports; large transport and navigation

networks; communications; national production, transport and

distribution of energy; complementary and supplementary social security;

harmonisation of public accounts and co-ordination of public finance and

taxation system; 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.

31

The Regions have legislative powers in all subject matters that are not

expressly covered by State legislation.

The Regions and the autonomous provinces of Trent and Bolzano take part in

preparatory decision-making process of EU legislative acts in the areas that

fall within their responsibilities. They are also responsible for the

implementation of international agreements and EU measures, subject to the

rules set out in State law which regulate the exercise of subsidiary powers by

the State in the case of non-performance by the Regions and autonomous

provinces.

Regulatory powers shall be 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 shall be vested in the Regions in all other

subject matters. Municipalities, provinces and metropolitan cities have

regulatory powers as to the organisation and implementation of the functions

attributed to them.

Regional laws shall remove any hindrances to the full equality of men and

women in social, cultural and economic life and promote equal access to

elected offices for men and women.

Agreements between a Region and other Regions that aim at improving the

performance of regional functions and that may also envisage the

establishment of joint bodies shall be ratified by regional law.

In the areas falling within their responsibilities, Regions may 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.

Art. 118

Administrative functions are attributed to the Municipalities, unless they are

attributed to the provinces, metropolitan cities and regions or to the State,

pursuant to the principles of subsidiarity, differentiation and proportionality,

to ensure their uniform implementation.

Municipalities, provinces and metropolitan cities carry out 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 shall provide for co-ordinated action between the State and

the Regions in the subject matters as per Article 117, paragraph two, letters b)

and h), and also provide for agreements and co-ordinated action in the field

of cultural heritage preservation.

The State, regions, metropolitan cities, provinces and municipalities shall

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.

32

Art. 119

Municipalities, provinces, metropolitan cities and regions shall have

revenue and expenditure autonomy.

Municipalities, provinces, metropolitan cities and regions shall have

independent financial resources. They set and levy 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.

They share in the tax revenues related to their respective territories.

State legislation shall provide for an equalisation fund - with no allocation

constraints - 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 shall allocate supplementary resources and adopt special

measures in favour of specific municipalities, provinces, metropolitan

cities and regions to promote economic development along with social

cohesion and solidarity, to reduce economic 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.

Municipalities, provinces, metropolitan cities and regions have their own

properties, which are allocated to them pursuant to general principles laid

down in State legislation. They may resort to indebtedness only as a means

of funding investments. State guarantees on loans contracted for this

purpose are not admissible.

Art. 120

Regions may not levy import or export or transit duties between Regions

or adopt measures that in any way obstruct the freedom of movement of

persons or goods between Regions. Regions may not limit the right of

citizens to work in any part whatsoever of the national territory.

The Government can act for bodies of the regions, metropolitan cities,

provinces and municipalities if the latter fail to comply with international

rules and treaties or EU legislation, or in the case of grave danger for

public safety and security, or whenever such action is necessary to preserve

legal or economic unity and in particular to guarantee the basic level of

benefits relating to civil and social entitlements, regardless of the

geographic borders of local authorities. The law shall lay down the

procedures to ensure that subsidiary powers are exercised in compliance

with the principles of subsidiarity and loyal co-operation.

Art. 121

The bodies of the Region are: the Regional Council, the Regional

Executive and its President.

33

The Regional Council shall exercise the legislative powers attributed to the

Region as well as the other functions conferred by the Constitution and the

laws. It may submit bills to Parliament.

The Regional Executive is the executive body of the Region.

The President of the Executive represents the Region, directs the policymaking

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 of the

Republic.

Art. 122

The electoral system and the cases of ineligibility and incompatibility of the

President, the other members of the Regional Executive and the Regional

councillors shall be established by a regional law in accordance with the

fundamental principles established by a law of the Republic, which also

establishes the term of elective offices.

No one may 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 Council shall elect a President and a Bureau from amongst its members.

Regional councillors are unaccountable for the opinions expressed and votes

cast in the exercise of their functions.

The President of the Regional Executive shall be elected by universal and

direct suffrage, unless the regional statute provides otherwise. The elected

President shall appoint and dismiss the members of the Executive.

Art. 123

Each Region shall have a statute which, in compliance with the Constitution,

shall lay down the form of government and basic principles for the

organisation of the Region and the conduct of its business. The statute shall

regulate the right to initiate legislation and promote referenda on the laws and

administrative measures of the Region as well as the publication of laws and

of regional regulations.

Regional statutes are adopted and amended by the Regional Council with a

law approved by an absolute majority of its members, with two subsequent

deliberations at an interval of not less than two months. This law does not

require the approval of the Government commissioner. The Government of

the Republic may submit the constitutional legitimacy of the regional statutes

to the Constitutional Court within thirty days of their publication.

The statute is 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

34

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

as a consultative body on relations between the Regions and local authorities.

Art. 124

(Repealed)

Art. 125

Administrative tribunals of the first instance shall be established in the

Region, in accordance with the rules established by the law of the Republic.

Sections may be established in places other than the regional capital.

Art. 126

The Regional Council may be dissolved and the President of the Executive

may be removed with a reasoned decree of the President of the Republic in

the case of acts in contrast with the Constitution or grave violations of the law.

The dissolution or removal may also be decided for reasons of national

security. Such decree is adopted after consultation with a committee of

Deputies and Senators for regional affairs which is set up in the manner

established by a law of the Republic.

The Regional Council may adopt a reasoned motion of no confidence against

the President of the Executive 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 may not 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.

Art. 127

The Government may question 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.

A Region may question the constitutional legitimacy of a State or regional

law or measure having the force of law before the Constitutional Court within

35

sixty days from its publication, when it deems that said law or measure

infringes upon its competence.

Art. 128

(Repealed)

Art. 129

(Repealed)

Art. 130

(Repealed)

Art. 131

The following Regions shall be established:

Piedmont;

Valle d’Aosta;

Lombardy;

Trentino-Alto Adige;

Veneto;

Friuli-Venezia Giulia;

Liguria;

Emilia-Romagna;

Tuscany;

Umbria;

The Marches;

Latium;

Abruzzi;

Molise;

Campania;

Apulia;

Basilicata;

Calabria;

Sicily;

Sardinia.

Art. 132

By a constitutional law, after consultation with the Regional Councils, a

merger between existing Regions or the creation of new Regions having a

minimum of one million inhabitants may be agreed, when such request has

been made by a number of Municipal Councils representing not less than one-

36

third of the populations involved, and the request has been approved by

referendum by a majority of said populations.

The Provinces and Municipalities which request to be detached from a

Region and incorporated in another may be allowed to do so, following a

referendum 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.

Art. 133

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, may establish

through its laws new Municipalities within its own territory and modify their

districts and names.

TITLE VI

CONSTITUTIONAL GUARANTEES

Section I

The Constitutional Court

Art. 134

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 brought against the President of the Republic and the Ministers,

according to the provisions of the Constitution.

Art. 135

The Constitutional Court shall be composed of fifteen judges, a third

nominated by the President of the Republic, a third by Parliament in joint

sitting and a third by the ordinary and administrative supreme Courts.

The judges of the Constitutional Courts shall be chosen from among judges,

including those retired, of the ordinary and administrative higher Courts,

university professors of law and lawyers with at least twenty years practice.

37

Judges of the Constitutional Court shall be appointed for nine years,

beginning in each case from the day of their swearing in, and they may not be

re-appointed.

At the expiry of their term, the constitutional judges shall leave office and the

exercise of the functions thereof.

The Court shall elect from among its members, in accordance with the rules

established by law, a President, who shall remain in office for three years and

may be re-elected, respecting in all cases the expiry term for constitutional

judges.

The office of constitutional judge shall be incompatible with membership of

Parliament, of a Regional Council, the practice of the legal profession, and

with every appointment and office indicated by law.

In impeachment procedures against the President of the Republic, in addition

to the ordinary judges of the Court, there shall also be sixteen members

chosen by lot from among a list of citizens having the qualification necessary

for election to the Senate, which the Parliament prepares every nine years

through election using the same procedures as those followed in appointing

ordinary judges.

Art. 136

When the Court declares the constitutional illegitimacy of a law or enactment

having force of law, the law ceases to have effect the day following the

publication of the decision.

The decision of the Court shall be published and communicated to Parliament

and the Regional Councils concerned, so that, wherever they deem it

necessary, they shall act in conformity with constitutional procedures.

Art. 137

Aconstitutional law shall establish the conditions, forms, terms for proposing

judgements on constitutional legitimacy, and guarantees on the independence

of constitutional judges.

Ordinary laws shall establish the other provisions necessary for the

constitution and the functioning of the Court.

No appeals are allowed against the decision of the Constitutional Court.

Section II

Amendments to the Constitution. Constitutional Laws

Art. 138

Laws amending the Constitution and other constitutional laws shall be

adopted by each House after two successive debates at intervals of not less

38

than three months, and shall be approved by an absolute majority of the

members of each House in the second voting.

Said laws are submitted to a popular referendum 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 shall not be promulgated if not approved by a

majority of valid votes.

A referendum shall not 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.

Art. 139

The form of Republic shall not be a matter for constitutional amendment.

TRANSITIONAL AND FINAL PROVISIONS

I

With the implementation of the Constitution the provisional Head of the State

shall exercise the functions of President of the Republic and assume that title.

II

If, at the date of the election of the President of the Republic, all the Regional

Councils have not been set up, only members of the two Houses shall

participate in the election.

III

For the first composition of the Senate of the Republic, Deputies to the

Constituent Assembly who possess all the requisites by law to be Senators

and who:

– had been Presidents of the Council of Ministers or of legislative

Assemblies;

– had been members of the dissolved Senate; had been elected at least three

times including to the Constituent Assembly;

– had been dismissed at the sitting of the Chamber of Deputies of 9

November 1926;

– had been imprisoned for not less than five years by a sentence of the special

Fascist tribunal for the defence of the State;

– shall be appointed Senators.

39

Those also shall be appointed Senators, by decree of the President of the

Republic, who had been members of the dissolved Senate and who had been

members of the Consulta Nazionale.

The right to be appointed Senator may be renounced before signing of the

decree of appointment. Acceptance of candidacy in political elections shall

constitute renunciation of the right to be appointed Senator.

IV

For the first election of the Senate Molise shall be considered a Region in

itself, having the due number of Senators on the basis of its population.

V

The provisions of Article 80 of the Constitution on the question of

international treaties which involve budget expenditures or changes in the

law, shall become effective as from the date of convocation of Parliament.

VI

Within five years after the Constitution has come into effect the special

jurisdictional bodies still in existence shall be revised, excluding the

jurisdiction of the Council of State, the Court of Accounts, and the military

tribunals.

Within a year of the same date, a law shall provide for the re-organisation

of the Supreme Military Tribunal according to Article 111.

VII

Until such time as the new law on the Judiciary in accordance with the

Constitution has been issued, the provisions in force shall continue to be

observed. Until such time as the Constitutional Court begins its functions,

the decision on controversies indicated in Article 134 shall be conducted in

the forms and within the limits of the provisions already in existence

before the implementation of the Constitution.

VIII

Elections of the Regional Councils and the elected bodies of provincial

administration shall be called within one year of the implementation of the

Constitution.

The 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 re-organisation and re-distribution of the

administrative functions among the local bodies has been accomplished,

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the Provinces and the Municipalities shall retain those functions they

presently exercise and those others which the Regions may delegate to

them.

Laws of the Republic shall regulate the transfer to the Regions of officials and

employees of the State, including those from central administrations, which

shall be made necessary by the new provisions. In setting up their offices the

Regions shall, except in cases of necessity, draw their personnel from among

the employees of State local bodies.

IX

The Republic, within three years of the implementation of the Constitution,

shall adjust its laws to the needs of local autonomies and the legislative

jurisdiction attributed to the Regions.

X

The general provisions of Title V of the Second Part of this Constitution shall

temporarily apply to the Region of Friuli-Venezia Giulia, as per Article 116,

without prejudice to the protection of linguistic minorities in accordance with

Article 6.

XI

Up to five years after the implementation of the Constitution other Regions

may 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.

XII

It shall be forbidden to reorganise, under any form whatsoever, the dissolved

Fascist party.

Notwithstanding Article 48, the law has established, for not more than five

years from the implementation of the Constitution, temporary limitations to

the right to vote and eligibility for the leaders responsible for the Fascist

regime.

XIII

The members and descendants of the House of Savoy shall not be voters and

may not hold public office or elected offices.

Access and sojourn in the national territory shall be forbidden to the ex-kings

of the House of Savoy, their spouses and their male descendants.

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The assets, existing on national territory, of the former kings of the House of

Savoy, their spouses and their male descendants shall be transferred to the

State. Transfers and the establishment of royal rights on said properties which

took place after 2 June 1946, shall be null and void. (*)

(*) Constitutional law no. 1 of 23 October 2002 has established that the first and second

paragraphs of the 13th transitional and final provision of the Constitution cease to be applicable

as of the date of the entry into force of said Constitutional law (10 November 2002).

XIV

Titles of nobility shall not be recognised.

The place-names included in those existing before 28 October 1922 shall

serve as part of the name.

The Order of Saint Mauritius shall be preserved as a hospital corporation

and shall function in the ways established by law.

The law shall regulate the suppression of the Heraldic Council.

XV

With the entry into force of the Constitution, the legislative decree of the

Lieutenant of the Realm No. 151 of 25 June 1944 on the provisional

organisation of the State shall become law.

XVI

Within one year of the entry into force of the Constitution, the revision and

co-ordination therewith of previous constitutional laws which had not at

that moment been explicitly or implicitly abrogated shall begin.

XVII

The Constituent Assembly shall be called by its President to decide, before

31 January 1948, on the law for the election of the Senate of the Republic,

special regional statues and the law governing the press.

Until the day of the election of the new Parliament, the Constituent

Assembly may be convened, when it is necessary to decide on matters

attributed to its jurisdiction by Article 2, paragraphs one and two, and

Article 3, paragraphs one and two, of legislative decree No. 98 of 16

March 1946.

At that time the Standing Committees shall maintain their functions.

Legislative Committees shall send back to the Government those bills,

submitted to them, with their observations and proposals for amendments.

Deputies may present questions to the Government with request for written

answers.

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In accordance with the second paragraph of this Article, the Constituent

Assembly shall be called by its President following reasoned request of the

Government or at least two hundred Deputies.

XVIII

This Constitution shall be promulgated by the provisional Head of State

within five days of its approval by the Constituent Assembly and shall come

into force on 1 January 1948.

The text of the Constitution shall be deposited in the Town Hall of every

Municipality of the Republic and there made public, for the whole of 1948,

so as to allow every citizen to know of it.

The Constitution, bearing the seal of the State, shall 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.

Given in Rome on this 27th Day of December 1947

ENRICO DE NICOLA

COUNTERSIGNED

The President of the Constituent Assembly

UMBERTO TERRACINI

The President of the Council of Ministers

ALCIDE DE GASPERI

The Keeper of the Seal

GIUSEPPE GRASSI

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