diff --git "a/project.json" "b/project.json" new file mode 100644--- /dev/null +++ "b/project.json" @@ -0,0 +1,1742 @@ +[ + { + "0":"3 \n \n \n \n \nCONSTITUTIONAL COURT OF THE ITALIAN REPUBLIC \n \n \n \n \n \n \nCONSTITU TION OF THE ITALIAN REPUBLIC" + }, + { + "0":"EDITED BY THE GENERAL SECRETARIAT \n \nROME, MAY 2023 \n \n \nCREATIVE COMMONS LICENS E \n \nCC BY \nATTRIBUTION 4.0 INTERNATIONAL \n \n \n \n \n \n \n \n \nTABLE OF CONTENTS" + }, + { + "0":"CONSTITUTION OF THE ITALIAN REPUBLIC ................................ ........................ 3" + }, + { + "0":"FUNDAMENTAL PRINCIPLES ................................ ................................ ...... 4 \nPART I. RIGHTS AND DUTIES OF CITIZENS ................................ ..................... 7" + }, + { + "0":"Title I. Civil relations ................................ ................................ ..................... 7" + }, + { + "0":"Title II. Ethical and Social Relations ................................ ................................ . 11" + }, + { + "0":"Title III. Economic Relations ................................ ................................ ........... 13" + }, + { + "0":"Title IV. Political Rel ations ................................ ................................ ............. 17" + }, + { + "0":"PART II . ORGANIZATION OF THE REPUBLIC ................................ ................... 19" + }, + { + "0":"Title I. The Parliament ................................ ................................ .................. 19" + }, + { + "0":"Section I. The Chambers ................................ ................................ ......................... 19" + }, + { + "0":"Section II. The Legislative P rocess. ................................ ................................ ............ 23" + }, + { + "0":"Title II. The President of the Republic ................................ ............................... 27" + }, + { + "0":"Title III. The Government ................................ ................................ .............. 30" + }, + { + "0":"Section I. The Council of Ministers ................................ ................................ ............ 30" + }, + { + "0":"Section II. Publi c Administration ................................ ................................ .............. 31" + }, + { + "0":"Section III. Auxiliary Bodies ................................ ................................ .................... 32" + }, + { + "0":"Title IV. The Judiciary ................................ ................................ .................. 33" + }, + { + "0":"Section I. The Organization o f the Judiciary ................................ ................................ 33" + }, + { + "0":"Section II. Provisions on Jurisdiction ................................ ................................ ......... 36" + }, + { + "0":"Title V. Regions, Provinces, Municipalities ................................ ......................... 37" + }, + { + "0":"Title VI. Constitutional Guarantees ................................ ................................ ... 47" + }, + { + "0":"Section I. The Co nstitutional Court ................................ ................................ ........... 47" + }, + { + "0":"Section II. Amendments to the Constitution. Constitutional Laws. ................................ ..... 49" + }, + { + "0":"TRANSITORY AND FINAL PROVISIONS ................................ .......................... 50 \n \n 3 \n \nCONSTITUTION OF THE ITALIAN REPUBLIC \n \n \n \nTHE PROVISIONAL HEAD OF THE STATE" + }, + { + "0":"BY VIRTUE of the deliberation of the Constituent Assembly, which in the \nsession of December 22 1947 approved the Constitution of the Italian Republic;" + }, + { + "0":"BY VIRTUE of the XVIII Final Provision of the Constitution; \n \n \n \nPROMU LGATES \n \nThe Constitution of the Italian Republic in the following text: \n \n \n \nFUNDAMENTAL PRINCIPLES \n \nART. 1" + }, + { + "0":"Italy is a Democratic Republic founded on labour. \nSovereignty belongs to the people, who exercise it in the manner and within \nthe limits pr ovided fo r by the Constitution. \n \nART. 2" + }, + { + "0":"The Republic acknowledges and guarantees the inviolable rights of man, \nboth as an individual and within the social groups in which one’s personality is" + }, + { + "0":"expressed. The Republic requires that the fundamental duties of political , \neconomic and social solidarity be fulfilled. \n \nART. 3" + }, + { + "0":"All citizens possess equal social dignity and are equal before the law, without \ndistinction of sex, race, language, religion and political orientation, personal and \nsocial condi tions." + }, + { + "0":"It is the duty of the Republic to remove economic and social obstacles which, \nby limiting the freedom and equality of citizens, prevent the full development of" + }, + { + "0":"the natural person and the actual participation of all workers in the political, \neconomic and social organization of the country. \n \nART. 4" + }, + { + "0":"The Republic acknowledges the right of all citizens to work and shall \npromote conditions which will make this right effective." + }, + { + "0":"Every citizen has the duty, in accordance with their capability and choice, \nto perform an activity or fu nction that contributes to the material or spiritual \nprogress of society. \n ART. 5" + }, + { + "0":"The Republic, one and indivisible, acknowledges and promotes local self -\ngovernments, and shall implement the greatest degree of administrative" + }, + { + "0":"decentralization in services wh ich depend on the State; it shall adapt the \nprinciples and methods of law -making to the requirements of autonomy and \ndecentralization . \n \nART. 6" + }, + { + "0":"The Republic shall safeguard linguistic minoritie s by means of special \nmeasures. \n \nART. 7 \nThe State and the Cathol ic Church are, each within its own sph ere, \nindependent and sovereign." + }, + { + "0":"Their relations are governed by the Lateran Pact. Changes to the Pact that \nare accepted by both parties shall not requ ire a constitutional amendment. \n \nART. 8" + }, + { + "0":"All religious denominations shall enjo y equal freedom before the law. \nReligious denominations other than Catholicism have the right to organize" + }, + { + "0":"themselves in accordance with their own by -laws, provided that these are not in \nconflict with the Italian legal syst em." + }, + { + "0":"Their relations with the State shall be regulated by law based on agreements \nwith th eir respective representatives. \n \nART. 9" + }, + { + "0":"The Republic shall promote the development of culture and of sci entific and \ntechnical research. \nIt shall safeguard the natural beauties and the histori cal and a rtistic" + }, + { + "0":"heritage of the Nation. It shall safeguard the environment, biodiversity and ecosystems, also in the \ninterest of future generations. State law shall regulate the methods and means of" + }, + { + "0":"safeguarding animals1. \n \nART. 10 \nThe Italian legal syste m conforms to the generally acknowledged p rovisions \nof international law." + }, + { + "0":"The legal status of foreigners shall be regulated by law in compliance with \ninterna tional provisions and treaties. \nForeigners who, in their own country, are denied the actual exercis e of the" + }, + { + "0":"democratic freedoms guaranteed by the Italian Constitution shall have the right \nof asylum in the territory of the Italian Republic, in accordance with t he \nconditions set forth by law." + }, + { + "0":"The extradition of a foreigner for political o ffences shall not be permitted2. \n \nART. 11 \nItaly shall repudiate war as an instrument of aggression against the freedom" + }, + { + "0":"of other peoples and as a means of settling international disputes; it shall consent, \non conditions of equality with other States, to sovereignty limitati ons required" + }, + { + "0":"for a world order that ensures peace and justice among Nations. Italy shall \npromote and encourage international organizations furthering such ends. \n \nART. 12" + }, + { + "0":"The flag of the Republic is the Italian tricolor : green, white and red, in three \nequal vertical stripes." + }, + { + "0":"1 Constitutional Law of 11 February 2022, No. 1, (in Official Gazette No. 44 of 22 February 2022) ," + }, + { + "0":"prov ided, by Art. 1 , para 1, for the insertion of two new sentences at the end of the article ." + }, + { + "0":"2 Law of 21 June 1967, No. 1, in Official Gazette No. 164, of 3 July 1967, provided, by its sole" + }, + { + "0":"Article, that the last paragraph of this article does not apply to the crimes of genocide. PART I. RIGHTS AND DUTIES OF CITIZENS \nTITLE I. CIVIL RELATIONS \n \nART. 13" + }, + { + "0":"Person al liberty shall be inviolable. \nNo form of detention, inspection or personal search nor any other \nrestriction of personal freedom shall be tolerated, save by a measure for which" + }, + { + "0":"reasons must be stated issued by a judicial authority, and only in such cases and \nin the manner provided for by law. \nIn exceptional cases of necessity and urgency, strictly defined by the law," + }, + { + "0":"law enforcement may adopt temporary measur es that must be communicated to \nthe judicial authorities within forty -eight hours. Should such measures not be" + }, + { + "0":"confirmed by the judicial authorities within the following forty -eight hours, they \nshall be revoked and deemed null and void. \nAny act of physical and moral violence against persons subjected to" + }, + { + "0":"restrictions of pers onal liberty shall be punished. \nThe law shall establish the maximum period of preventive detention. \n \nART. 14 \nPersona l domicile shall be inviolable." + }, + { + "0":"It shall not be subject to inspections, searches or seizures, save in cases and \nin the manner set forth by law and in accordance with guarantees prescribed for \nsafeguarding personal liberty." + }, + { + "0":"Checks and inspections for reasons of public health and safety or for \neconomic and taxation purposes sha ll be regulated by specific laws. \n \nART. 15" + }, + { + "0":"The freedom and confidentiality of correspondence and of every other form \nof com munication shall be inviolable. Restrictions thereto may be imposed only by a measure for which reasons" + }, + { + "0":"must be stated issued by a ju dicial authority in accordance wi th guarantees set \nforth by law. \n \nART. 16 \nEvery citizen shall move or reside freely in any part of the national" + }, + { + "0":"territory, save for such general limitations as may be set forth by law for reasons \nof health or security. No re strictions may be imposed for political reasons." + }, + { + "0":"Every citizen shall be free to leave and enter the territory of the Republic of \nItaly, save for obligations set forth by law. \n \nART. 17" + }, + { + "0":"Citizens shall have the right to peaceful and unarme d assembly. \nNo prior notice is required for meetings, including those hel d in places open \nto the public." + }, + { + "0":"In case of meetings held in public places, prior notice shall be given to the \nauthorities, who may prohibit them only for proven sec urity or public safety \nreasons. \n \nART. 18" + }, + { + "0":"Citizens shall have the right to form associations freely, without \nauthorization , for aims that are not forbidden to individuals by criminal law." + }, + { + "0":"Secret associations and associations that, even indirectly, pursue political \naims by means of organizations of mili tary character, are prohibited. \n \nART. 19" + }, + { + "0":"Everyone shall have the right to freely profess their religious beliefs in any \nform, individually or in association, to promote them and to worship in private" + }, + { + "0":"or public, provided that the religious rites are not contrary to public decency. \n ART. 20 \nNo special legislative limitation or tax burden shall be imposed on the" + }, + { + "0":"establishment, legal capacity or activities of any association or institution on the \nground of its ecclesiastical nature or its religious or wo rship scope. \n \nART. 21" + }, + { + "0":"Everyone has the right to freely express their ideas through speech, in \nwriting and by an y other means of communication. \nThe press shall not be subjected to authorization or censorship." + }, + { + "0":"Seizure shall be permitted only by a measure for which reasons must be \nstated issued by the judicial authority, in the case of offences for which the law" + }, + { + "0":"governing the press grants express authorisation , or in the case of violation of its \nprovisions concerning the disclosure of the identity of those res ponsible for such \noffences." + }, + { + "0":"In such cases, when it is a matter of extreme urgency and when prompt \nintervention of the judicial authority is not possible, periodical publications may" + }, + { + "0":"be seized by officers of the judicial police, who shall immediately, and i n any case \nwithin twenty -four hours, report the matter to the judicial authority. If the latter" + }, + { + "0":"does not confirm the seizure order within the following twenty -four hours, the \nseizure shall be deemed to be withdrawn and null and void." + }, + { + "0":"The law may introduce general provisions for the disclosure of the financial \nsources of the periodical publications. \nPrinted publications, public performances and any other events contrary" + }, + { + "0":"to public decency are forbidden. The law shall provide for appropriate measures \nfor the p revention and repression of all violations . \n \nART. 22" + }, + { + "0":"No person shall be deprived of legal capacity, citizenship or name for \npolitical reasons. \n \nART. 23 \nNo obligations of a personal or a financial nature may be impos ed on any" + }, + { + "0":"person except by law. \n ART. 24 \nAll persons may take legal action to protect their individual r ights and \nlegitimate interests." + }, + { + "0":"The right to defense shall be inviolable at every stage and instance of legal \nproceedings. \nThe indigent shall be assured, by appropriate measures, the means for legal" + }, + { + "0":"action and defense in all courts. \nThe conditions and means of redress for judicial err ors shall be determined \nby law. \n \nART. 25" + }, + { + "0":"No one’ s case shall be removed from the jurisdiction of the defendant’s \nnatural court set forth previo usly by law. \nNo one shall be punished save on the basis of a law which was in force at the" + }, + { + "0":"time the offence was committed. \nNo one shall be subjected to restrictive measures save in suc h cases as \nprovided for by law. \n \nART. 26" + }, + { + "0":"Extradition of a citizen may be permitted only in such cases as are expressly \nprovided fo r in international conventions. \nIt shall in no wise be permitted for an offence of a political nature3." + }, + { + "0":"ART. 27 \nCrimi nal responsibility is personal. \nThe defendant shall not be considered guilty until the final senten ce has \nbeen passed." + }, + { + "0":"Punishment may not consist of inhuman treatment and must aim at the \nrehabili tation of the convicted person." + }, + { + "0":"3 Constitutional Law of 21 June 1967, No. 1, in Official Gazette No. 164, of 3 July 1967, provided," + }, + { + "0":"by its sole Article, that the last paragraph of this article does not apply to the crimes of genocide. The death penalty shall not be permitted4. \n \nART. 28" + }, + { + "0":"Officials and employees of the State and public bodies shall be held directl y \nliable, under criminal, civil and administrative law, for acts performed in" + }, + { + "0":"violation of rights. In such cases, civil liability shall extend to the State and public \nbodies. \n \n \nTITLE II. ETHICAL AND SOCIAL RELATIONS \n \nART. 29" + }, + { + "0":"The Republic acknowledges the rights of the family as a natural i nstitution \nfounded on marriage. \nMarriage is based on the moral and legal equality of the spouses within the" + }, + { + "0":"limits set forth by law to gua rantee the unity of the family. \n \nART. 30 \nIt shall be the duty and right of parents to support, educate and raise their \nchildre n, even if born out of wedlock." + }, + { + "0":"Should the parents be unable to, the law shall provide for the fulfilment of \ntheir duties. \nThe law shall ensure that children born out of wedlock receive every form" + }, + { + "0":"of legal and soc ial protection consistent with the rights of the me mbers of the \nlegitimate family. \nThe law shall lay down the provisions and limitati ons for ascertaining \npaternity." + }, + { + "0":"4 Constitutional Law of 3 Octo ber 2007, No. 1, in Official Gazette No. 236, of 10 October 2007," + }, + { + "0":"provided, by Art. 1, para. 1 , for the amendment of Art. 27, para. 4. ART. 31 \nThe Republic shall, through economic measures and other benefits," + }, + { + "0":"encourage the cr eation of families and the fulfilment of corresponding duties, \nwith sp ecial regard to large families. \nThe Republic shall protect mothers, children and the young, favoring the" + }, + { + "0":"institutions that are necessary to that end. \n \nART. 32 \nThe Republic shall safeguar d health as a fundamental right of the individual" + }, + { + "0":"and as a social interest and shall guarantee fre e medical care to the indigent. \nNo one shall be forced to undergo medical treatment unless provided for by" + }, + { + "0":"law. In no case shall the law violate the limits im posed by respect for the natural \nperson. \n \nART. 33 \nThe arts and sciences are fr ee, as shall be their teaching." + }, + { + "0":"The Republic shall lay down general provisions for education and shall \nestablish state sch ools for all levels and grades. \nPublic and private bodie s shall have the right to establish schools and" + }, + { + "0":"educational instit utions at no cost to the State. \nThe law, in establishing the rights and obligations for non -state schools" + }, + { + "0":"requesting equal status with state schools, shall ensure that they enjoy full libert y \nand offer their pupils educational conditions equivalent to those affor ded to \npupils in state schools." + }, + { + "0":"A state examination is prescribed for admission to and graduation from the \nvarious school levels and grades and to qualify for a profe ssion." + }, + { + "0":"Institutio ns of higher learning, universities and academies, shall have the \nright to adopt autonomous by -laws within the limits set forth by the laws of the \nState. \n \nART. 34" + }, + { + "0":"School shall be open to everyone. Primary education, which is provided for at least eight yea rs, shall be \ncompulsory and free." + }, + { + "0":"The able and the deserving, including those without adequate financial \nresources, shall have the right to attain t he highest levels of education." + }, + { + "0":"The Republic shall make this right effective by means of grants and \nscholars hips, allowances to families and other benefits, which shall be assigned \nthrough competitive examinations." + }, + { + "0":"TITLE III. ECONOMIC RELATIONS \n \nART. 35 \nThe Republic shall protect labour in all its forms and practices. \nIt shall provide for the train ing and adva ncement of workers." + }, + { + "0":"It shall promote and encourage accords and international organizations \nwhose aim it is to establ ish and regulate labour rights." + }, + { + "0":"It shall acknowledge the freedom to emigrate, save for the obligations set out \nby law in the general interes t, and shall sa feguard Italian workers abroad. \n \nART. 36" + }, + { + "0":"Workers have the right to a remuneration proportional to the quantity and \nquality of their work and, in any case, sufficient to ensuring them and their \nfamilies a free and dignified e xistence." + }, + { + "0":"The law shall establish t he maximum daily working hours. \nWorkers shall have the right to a weekly rest day and paid annual hol idays, \nwhich they cannot waive. \n \nART. 37" + }, + { + "0":"Working women shall have the same rights and, the work being equal, the" + }, + { + "0":"same remuneration as wor king men. Working conditions must allow women to fulfil their essential role in the family and ensure specific appropriate prote ction \nfor the mother and child." + }, + { + "0":"The law shall establish the minimum age for paid work. \nThe Republic shall safeguard juvenile lab our by means of specific measures" + }, + { + "0":"and shall guarantee them, the work being equal, the right to equal pay. \n \nART. 38 \nEvery citizen unable to work and lacking the necessary means of subsistence" + }, + { + "0":"shall have the right to maintenance and social s upport. \nWorkers s hall have the right to envisaged and assured adequate means for" + }, + { + "0":"their subsistence needs in the event of an accident, illness, disability, old ag e and \ninvoluntary unemployment. \nThe unfit and disabled shall have the right to education and vo cational" + }, + { + "0":"training . \nThe duties set forth in this article shall be performed by bodies and \ninstitutions establi shed or supported by the State. \nPrivate healthcare shall ha ve the right to operate freely." + }, + { + "0":"ART. 39 \nTrade unions shall have the right to organize themselves freely. \nNo obligations shall be imposed on trade unions other than registration at" + }, + { + "0":"local or central offices, acco rding to the provisions of law. \nA condition for registration of trade unions is that their by -laws set forth \ntheir internal organization on a democrat ic basis." + }, + { + "0":"Registered trade unions have legal status. They may, through a unified \nrepresentation proportional to their membership, enter into collective labour" + }, + { + "0":"contracts which shall be mandatory for all persons belonging to the indust ry \nreferred to in the c ontract. \n \nART. 40 \nThe right to strike shall be exercised in compliance with the law." + }, + { + "0":"ART. 41 \nPrivate economic enterprise shall ha ve the right to operate freely. \nIt cannot be carried out in conflict with social utility or in such a manner as" + }, + { + "0":"may harm healt h, the environment, saf ety, liberty and human dignity. \nThe law shall determine appropriate programmes and checks to ensure that" + }, + { + "0":"public and private economic enterprise activity be directed at and coordinated \nfor soc ial and environmental purposes5. \n \nART. 42" + }, + { + "0":"Property may be public or private. Economic assets belong to the State, t o \nbodies or to private persons. \nPrivate property is acknowledged and guaranteed by the law, which" + }, + { + "0":"determines the manner by which it may be acquired and enjoyed as well as its \nlimit ations so as to ensure its social function and make it accessible to all." + }, + { + "0":"Private property may, in the cases provided for by the law and with \nprovisions for compensation, be expropriated f or reasons of general interest." + }, + { + "0":"The law shall establish the regulati ons and limits of legitimate and \ntestamentary succession and the rights of the S tate in matters of inheritance. \n \nART. 43" + }, + { + "0":"For purposes of general utility the law may reserve from the outset or \ntransfer, by means of expropriation and payment of compensation, to the State," + }, + { + "0":"public bodies or communities of workers or users, specific enterprises or \ncategories of enterprises related to essential public services, energy sources or" + }, + { + "0":"monopolistic situations and which are of primary public interest. \n \nART. 44 \nFor the pu rpose of securing the rational capitalization of land and" + }, + { + "0":"establishing equitable social relationships, the law shall impose obligations on \nand limitations to the private ownership of land; it sets limitations to the size of" + }, + { + "0":"5 Constitutional Law of 11 February 2022, No. 1, in Official Gazette No. 44 , of 22 February 2022," + }, + { + "0":"provided, by Article 2, para. 1, letter a), for the amendme nt of Article 41, para. 2; and, by Article 2," + }, + { + "0":"para. 1, letter b), for the amendment of Article 41, para. 3. holdings depending on the region s and agricultural areas; it shall promote and" + }, + { + "0":"impose land reclamation, the conversion of large agricultural estates and the \nreorganization of crop production units; it assists s mall and medium -sized \nholdings." + }, + { + "0":"The law shall make provisions in favour of mou ntainous areas. \n \nART. 45 \nThe Republic acknowledges the social function of co -operation of a" + }, + { + "0":"mutualistic, non -speculative nature. The law shall promote and favour it through \nappropriate means and, through suitable checks, ensures its character and \nscope." + }, + { + "0":"The law shall safeguard and promote artisanal work. \n \nART. 46 \nFor the economic and social betterment of labour and in accordance with" + }, + { + "0":"production requirements, the Republic shall acknowledge the rights of workers \nto take part in the management of companies, in the manner and with in the limits \nset forth by law. \n \nART. 47" + }, + { + "0":"The Republic shall encourage and safeguard savings in all forms; it shall \nregulate, co -ordinate and m onitor the provision of credit." + }, + { + "0":"It shall promote the investment of private savings in the purc hase of housing \nand of worker -owned farms, as well as direct and indirect investment in the" + }, + { + "0":"shares in the count ry’s large productive concerns. \n \n \n \n \n TITLE IV. POLITICAL RELATIONS \n \nART. 48 \nAll citizens, male and female, who are of legal age, shall have the righ t to \nvote." + }, + { + "0":"Votes shall be personal and equal, free and secret . Voting shall be a civic \nduty. \nThe law shall establish the requirements and manner by which citizens" + }, + { + "0":"residing abroad may exercise their right to vote and shall guarantee its \neffectiveness. To th is end, a Foreign constituency shall be established for" + }, + { + "0":"elections to the Chambers of Parliament; the number of seats of such \nconstituency is set forth in a constitutional provision accordin g to criteria set \nforth by law6." + }, + { + "0":"The right to vote cannot be restri cted save for civil incapacity or as a \nconsequence of an irrevocable penal sentence or in cases of moral unw orthiness \nas determined by law. \n \nART. 49" + }, + { + "0":"All citizens shall have the right to associate freely in political parties to \ncontribute to determining nat ional policies through democratic means. \n \nART. 50" + }, + { + "0":"All citizens shall have the right to present petitions to both Chambers to \nrequest legislative measures or to express collective needs. \n \nART. 51" + }, + { + "0":"All citizens of either sex shall be eligible for public offi ce and for elective \npositions on equal terms, according to the conditions set forth by law. To this" + }, + { + "0":"6 Constitutional Law of 17 January 2000, No. 1, in Official Gazette No. 15, of 20 January 2000," + }, + { + "0":"provided, by Art icle 2, para. 1, letter a), for the introduction of this new third paragraph. end, the Republic shall adopt specific measures to promote equal oppor tunities" + }, + { + "0":"between women and men7. \nThe law may, for the purposes of access to public off ices and elected \npositions, recognize Italians who are not resident in the Republic as equal to \ncitizens." + }, + { + "0":"Any person elected to public office shall be entitled to the time needed to \nperform that function and to retain previously held employment. \n \nART. 52" + }, + { + "0":"The defense of the Fatherland is th e sacred duty of every citizen. \nMilitary service shall be compulsory within the limits and in the manner set" + }, + { + "0":"forth by law. The fulfilment thereof shall not prejudice a citizen’s employment, \nnor the exercise of t heir politi cal rights." + }, + { + "0":"The organization of the armed forces shall be based on the dem ocratic spirit \nof the Republic. \n \nART. 53 \nEvery person shall contribute to public expenditure in propor tion with their" + }, + { + "0":"ability to pay. \nThe taxation system shall be based on a progress ive rate. \n \nART. 54 \nAll citizens shall have the duty to be loyal to the Republic and to comply \nwith its Constitution and laws." + }, + { + "0":"Citizens who hold public office have the duty to perform their functions with \ndiscipline and honor , taking an oath in the cases se t forth by law." + }, + { + "0":"7 Constitutional Law of 30 May 2003, No. 1, in Official Gazette No. 134, of 12 June 2003, provided," + }, + { + "0":"by Article 1, para. 1, for the introduction of this latter sentence in the fir st paragraph . PART II . ORGANIZATION OF THE REPUBLIC \nTITLE I. THE PARLIAMENT \nSECTION I. THE CHAMBERS \n \nART. 55" + }, + { + "0":"Parliament shall consist of the Chamber of Deputies and the Senate of the \nRepublic. \nParliament shall hold joint session of the members of both Chambers only" + }, + { + "0":"in the cases set forth in the Constitution. \n \nART. 56 \nThe Chamber of Deputies is elected through universal and direct suffrage." + }, + { + "0":"The number of Deputies is four hundred, eight of which are electe d in the \nOverseas Constituency. \nAll voters who hav e attained the age of twenty -five on the day of electio ns" + }, + { + "0":"are eligible to be Deputies. \nThe division of seats among the electoral districts, with the exception of the \nnumber of seats assigned to the Overseas Constituency, is obtained by dividing" + }, + { + "0":"the number of inhabitants of the Republic, as shown by the latest general census \nof the population, by three hundred and ninety -two and distributing the seats in" + }, + { + "0":"proportion to the population in every electoral district, on the basis of whole \nshares and the highest re mainders8." + }, + { + "0":"8 Constitutional La w of 19 October 2020, No. 1, in Official Gazette No. 261, of 21 October 2020," + }, + { + "0":"provided, by Article 1, para. 1, letter a), the amendment of Article 56, para. 2; by Article 1, para. 1," + }, + { + "0":"letter b), the amend ment of Article 56, para. 4; by Art. 4, para. 1, the amendment of Art. 56, para. 2 and \n4." + }, + { + "0":"According to Article 4 of aforementioned Constitutional Law No. 1 of 2020, the amendments to" + }, + { + "0":"Articles 56 and 57 of the Constitution “ shall apply starting from the day Parliament is first dissolved or" + }, + { + "0":"ends after the entry into force of this Constitutional Law, and in any event no earlier than sixty days after \nthe aforementioned date of entry into force ”. ART. 57" + }, + { + "0":"The Senate of the Republic is elected on a regional basis, with the exception \nof the seats assigne d to the Overseas Constituency." + }, + { + "0":"The number of Senators to be elected is two hundred, four of which are \nelected in the Overseas Constitue ncy. \nNo Region may have fewer than three Senators; Molise sha ll have two, Valle" + }, + { + "0":"d’Aosta one. \nThe division of seats among the Regions or the Autonomous Provinces, in \naccordance with the provisions of the preceding paragraph, is made in" + }, + { + "0":"proportion to the popu lation of the Regions, as shown by the latest general census \nof the population, on the basis of whole sh ares and the highest remainders9. \n \nART. 58" + }, + { + "0":"Senators shall be elected by universal and direct ballot by voters wh o are \ntwenty -five years of age10. \nVoters who have reached the age of forty are eligib le to be elected to the \nSenate." + }, + { + "0":"ART. 59 \nFormer Presidents of the Republic are Senators by right and for life u nless \nthey renounce the office. \nThe President of the Republic may appoint five citizens, who have honored" + }, + { + "0":"the Nation through their outstanding achievements in the social, scientific, \nartistic and literar y fields, as Senators for life . The total number of sitting" + }, + { + "0":"9 Constitutional La w of 19 October 2020, No. 1, in Official Gazette No. 261, of 21 Oct ober 2020," + }, + { + "0":"provided, by Art. 2, para. 1 letter a), the amendment of Art. 57, para. 2; by Art. 2, para. 1 letter b), the" + }, + { + "0":"amendment of Art. 57, para. 3; by Art. 2, para. 1, letter c), the amendment of Art. 57, para. 4; by Art. \n4, para 1, for the amendment of A rt. 57, para. 2, 3 and 4 ." + }, + { + "0":"For the temporal application of the amended version of Art. 57, see supra , NOTE 8. \n10 Constitutional La w of 18 October 2021, No. 1, in Official Gazette No. 251, of 20 October 2020," + }, + { + "0":"provided, by A rt. 1, para. 1, for the amendment of this paragraph . Senators appointed by the President of the Republic may not, under any \ncircumstances, be great er than five11. \n \nART. 60" + }, + { + "0":"The Chamber of Deputies and the Senate of the Republic s hall be elected \nfor five years. \nThe term for each Chamber cannot be extended, except by la w and only in \nthe event of war12. \n \nART. 61" + }, + { + "0":"Elections for the new Chambers take place wi thin seventy days from the end \nof the term of the previous Chambers. The first sitting must be held no later than \ntwenty days after the elections." + }, + { + "0":"Until such time as the new Chambers meet, the powers of the previ ous \nChambers shall be extended. \n \nART. 62 \nThe Chambers shall be summoned by right on the first worki ng day of" + }, + { + "0":"February and October. \nEach Chamber may be summoned in extraordinary session on the initiative \nof its President or the President of the Repu blic or a third of its members." + }, + { + "0":"When one Chamber is summoned in extraordinary session, the othe r \nChamber is summoned by right. \n \nART. 63 \nEach Chamber shall elect, from among its members, it s Chair and its \nChair’s Office." + }, + { + "0":"11 Constitutional La w of 19 October 2020, No. 1, in Official Gazette No. 261, of 21 October 2020," + }, + { + "0":"provided, by Art. 3, para. 1, the amendment of Art. 59, para. 2. \n12 Constitutional Law of 9 February 1963, No. 2, in Official Gazette No. 40, o f 12 February 1963," + }, + { + "0":"provided, by Art. 3 and 5, for the amendments to this article, establishing that they shall enter into force" + }, + { + "0":"with the first convocation of the election committees following its publication in the Official Gazette of the" + }, + { + "0":"Italian Republic . When Parliament meets in joint session, the Chair and the Chair’s Office \nare those of th e Chamber of Deputies. \n \nART. 64" + }, + { + "0":"Each Chamber adopts its own Provisions by a majority vote of its members. \nThe sittings are public; however, each of the Chambers and Parliament in" + }, + { + "0":"joint session may deci de to convene a closed session. \nThe decisions of each C hamber and of Parliament are not valid if the" + }, + { + "0":"majority of the members is not present, and if they are not passed by a majority \nvote of those present, unless the Constitution prescribes a special majority." + }, + { + "0":"Members of the Government, even when not members of the Chambers, \nhave the right, and, when summoned, the obligation to attend the sittings. They \nshall be heard whenever they so request." + }, + { + "0":"ART. 65 \nThe law shall determine the cases of ineligibility and incompatibility with \nthe office of Deputy or Senator. \nNo one may be a member of both Chambers at the same time. \n \nART. 66" + }, + { + "0":"Each Chamber shall verify the credentials of its members and the \nsupervening reasons of ineligibility and incompatibility t hat may arise at a later \nstage. \n \nART. 67" + }, + { + "0":"Each Member of Parliament shall represent the Nation and carry out their \nduties without a binding mandate. \n \nART. 68 \nMembers of Parliament shall not be called to answer for opinions expressed" + }, + { + "0":"or votes cast in the exercise of their function. No member of Parliament shall be subject ed to personal or home search," + }, + { + "0":"nor may they be arrested or otherwise deprived of their personal freedom, nor \nheld in detention, without the authorization of their respective Chamber, save in" + }, + { + "0":"the enforcement of a final court sentence, or when the Member is apprehended \nin the act of committing an offence for which call s for arrest flagrante delicto." + }, + { + "0":"The same authorization shall be required for Members of Parliament to be \nsubjected to any form of interception of their conversations or communication" + }, + { + "0":"and in orde r to seize their correspondence13. \n \nART. 69 \nMembers of Parliament shall receive an allowance set forth by law. \n \n \nSECTION II. THE LEGISLATIVE PROCESS . \n \nART. 70" + }, + { + "0":"The legislative function shall be exercis ed jointly by the two Chambers. \n \nART. 71 \nLegislative init iative shall belong to the Government, to each Member of" + }, + { + "0":"Parliament and to those entities and bodies on which it is c onferred by \nconstitutional law. \nThe people may initiate legislation by proposing a bill drafted in articles and" + }, + { + "0":"signed by at least fifty th ousand voters. \n \nART. 72 \nEvery bill submitted to one of the Chambers shall, in accordance with its" + }, + { + "0":"Provisions, be examined by a Committee and then by the Chamber itself, which \nshall approve it article by article and with a final vote." + }, + { + "0":"13 Constitutional Law of 29 October 1993, No. 3, in Official Gazette No. 256, of 30 October 199 3," + }, + { + "0":"provided, by Art. 1, para. 1, for the amendments to this article . The Provisions shall e stablish an abbreviated procedur e for bills declared \nas urgent." + }, + { + "0":"They may also establish when and how the examination and approval of bills \nmay be devolved to Committees, including Standing Committees, composed in" + }, + { + "0":"such a way as to reflect the proportion of the Parliamentary Groups. Even in \nsuch cases, until the moment it has reached final approval, the bill may be" + }, + { + "0":"referred back to the Chamber, if the Government or one -tenth of the members of \nthe Chamber or one fifth of the Committee request that it be debate d and voted" + }, + { + "0":"on by the Chamber itself or that it be submitted to the Chamber for final \napproval, preceded only statements of vote. The Provisions determine the" + }, + { + "0":"manner in which the proceedings of C ommittees shall be made public. \nThe ordinary procedure for co nsideration and direct approval by the" + }, + { + "0":"Chamber shall always followed for bills on constitutional and electoral matters \nand for those delegating legislative power, or for the ratification of international" + }, + { + "0":"treaties and the approval of budgets and the final b alances. \n \nART. 73 \nLaws shall be promulgated by the President of the Republic with in one \nmonth of their approval." + }, + { + "0":"If the Chambers, each by a majority vote of its members, declare a bill to be \nurgent, it shall be promulgated within t he time set by the bill i tself." + }, + { + "0":"Laws shall be published immediately after promulgation and come into force \non the fifteenth day following their publication, unless the laws themsel ves \nestablish a different term. \n \nART. 74" + }, + { + "0":"The President of the Republic may, before promulgating a law , request a \nnew deliberation by means of a message to the Chambers stating the reasons for \nsuch a request." + }, + { + "0":"If the Chambers pass the bill once again, th en the law must be promulgated. \n ART. 75 \nA popular referendum shall be held to decide on the total or par tial" + }, + { + "0":"abrogation of a law or an act having force of law, when requested it is by five \nhundred thousand voters or five Regional Councils." + }, + { + "0":"Referendum shall not be admissible in the case of tax, budget, amnesty and \npardon laws, or laws authorizing the ratifica tion of international treaties." + }, + { + "0":"All citizens eligible to vote for the Chamber of Deputies shall have the righ t \nto participate in referendum. \nThe proposal subjected to a referendum shall be approved if the majority" + }, + { + "0":"of those eligible have participated in the vote and if it has rece ived a majority of \nvalid votes. \nThe procedures for conducting a referend um shall be established by law. \n \nART. 76" + }, + { + "0":"The exercise of legislative function may not be delegated to the Government \nunless principles and criteria have been es tablished and then only for a limited \ntime and for specified purposes." + }, + { + "0":"ART. 77 \nThe Government may not issue decrees having the force of ordinary law \nwithout an enabling act from the Ch ambers. \nWhen, in extraordinary cases of necessity and urgency, the Gove rnment" + }, + { + "0":"submits, on its own responsibility, provisional measures having the force of law, \nit must on the same day present said measures to the Chambers for conversion" + }, + { + "0":"into law which, even if they have been dissolved, shall be expressly summoned \nfor this pur pose and shall convene within five days." + }, + { + "0":"The decrees lose effect from their inception if they are not confirmed within \nsixty days from their publication. The Chambers may however regulate by law" + }, + { + "0":"legal relationships arising out of not confirmed decrees. \n \nART. 78 \nThe Chambers shall deliberate upon the state of war and confer the \nnecessar y powers on the Government. \nART. 79" + }, + { + "0":"Amnesties and pardons shall be granted with a law approved by a two -thirds \nmajority in both Chambers, for each article and in the final vo te." + }, + { + "0":"The law granting an amnesty or pardon establishes the term for its \nimplementation. \nIn no instance shall amnesty and pardon be applied to offences committed" + }, + { + "0":"following the introduc tion of the bill in Parliament14. \n \nART. 80 \nThe Chambers shall authorize by law the ratification of international" + }, + { + "0":"treaties of a political nature, or which call for arbitration or legal settlements, or \nwhich entail changes to the national territory or financial bur dens or changes to \nlegislation. \n \nART. 81" + }, + { + "0":"The State shall balance the income and expenditure in its budget, taking \ninto account adverse and favorable phases of the economic cycle." + }, + { + "0":"Resorting to borrowing shall be made solely for the purpose of taking into \naccount the effects of the economic cycle or, subject to authorization by the two" + }, + { + "0":"Chambers approved by a majority vote of their Members , in exceptional \ncircumstances. \nAny law involving new or increased expenditure shall provide for the \nresources to cover s uch expenditures." + }, + { + "0":"Each year the Chambers shall pass a law approving th e budget and the final \nbalanc es submitted by the Government. \nProvisional implementation of the budget shall not be allowed save by" + }, + { + "0":"specific legislation and only for periods not exceeding four months in total. \nThe content of the budget law, the fundamental provisions and the criteria" + }, + { + "0":"adopted to ensure balance between income and expenditure and the \nsustainability of the entirety of public administration debt shall be established by" + }, + { + "0":"14 Constitutional Law of 6 March 1992, No. 1, in Official Gazette No. 57, of 9 March 1992," + }, + { + "0":"provided, by Art. 1, para. 1, for the amendments to this article. legislation approved by a majority vote of the Members of each Chamber in" + }, + { + "0":"acco rdance with the principles est ablished by constitutional law15. \n \nART. 82 \nEach Chamber may conduct inquiries on matters of public interest." + }, + { + "0":"To this end, it shall appoint a Committee composed in such a way as to \nreflect the proportional representation of the Parliamentary Groups. The" + }, + { + "0":"Committee of inquiry conducts its investigations and examinations with the same \npowers and the same limit ations as a judicial authority. \n \n \nTITLE II. THE PRESIDENT OF THE REPUBLIC \n \nART. 83" + }, + { + "0":"The President of the Republic shall be ele cted by Parliament i n joint session \nof its members. \nThree delegates from every Region, elected by the Regional Council, shall" + }, + { + "0":"take part in the election so as to ensure that minorities are represented. Valle \nd’Aosta shall be re presented by only one delegate ." + }, + { + "0":"The election of the President of the Republic shall take place by secret ballot \nwith a two -thirds majority vote of the assembly. After the third ballot a majority \nvote shall suffice. \n \nART. 84" + }, + { + "0":"Any citizen who has reached the age of fifty and enjoys civil and political \nrights may be ele cted President of the Republic." + }, + { + "0":"The office of President of the Republic is incompatible with any other." + }, + { + "0":"15 Constitutional Law of 20 April 2012, No. 1, in Official Gazette No. 95, of 23 April 2012 ," + }, + { + "0":"provided, by Art. 1, para. 1, for the amendments to this article, and established, by Art. 6, para. 1, that" + }, + { + "0":"such modifications shall apply as of the financial year 2014. Compensation and endowments of the President are established by law. \n \nART. 85 \nThe Presiden tial term shall be seven years." + }, + { + "0":"Thirty days before the term lapses, the Chair of the Chamber of Deputies \nshall summon a joint session of Parliament and the regional delegates to elect the \nnew President of the Republic." + }, + { + "0":"If the Chambers have been dissolved, or will be dissolved within thr ee \nmonths, the election shall take place within fifteen days of t he meeting of the new" + }, + { + "0":"Chambers. In the meantime, the powers of the Preside nt in office shall be \nextended. \n \nART. 86 \nShould the President be unable to perform his duties, they shall be carried" + }, + { + "0":"out by the President of the Senate. \nIn the case of permanent impediment or death or resignation of the \nPresident of the Republic, the Chair of the Chamber of Deputies shall call an" + }, + { + "0":"election of a new President of the Republic within fifteen days, unless a l onger \nperiod be needed because the Chambers have been dissolved or because their \nterm w ill expire within three months." + }, + { + "0":"ART. 87 \nThe President of the Republic is the Head of the State and repr esents the \nunity of the Nation. \nThe President may send messages t o the Chambers. \nThe President shall :" + }, + { + "0":"call the elections of the new Chambers and set t he date of their first meeting; \nauthorize the submission to the Chambers of bills p roposed by the \nGovernment;" + }, + { + "0":"promulgate the laws and issue decrees having the fo rce of law and the \nregulations; \ncall for a popular referendum in the cases pr ovided for by the Constitution;" + }, + { + "0":"appoint State officials in the cases provided for by law; accredit and receive diplomatic representatives, and ratify international" + }, + { + "0":"treaties which have, wher e required, been authorized by the Chambers. \nThe President shall be the commander of the Armed forces, shall preside" + }, + { + "0":"over the Supreme Defense Council set forth by law, and shall make declarations \nof war which hav e been decided by the Chambers." + }, + { + "0":"The Presiden t shall preside over the High Council of the Judiciary. \nThe President may grant pardons and commute punishments. \nThe President shall confer the honorifics of the Republic." + }, + { + "0":"ART. 88 \nThe President of the Republic, having heard the Chairs of the Chambers, \nmay dissolve Parli ament or even only one Chamber." + }, + { + "0":"The President of the Republic may not exercise said right during the last six \nmonths of his term in office, unless said period coincides in full or in part with" + }, + { + "0":"the last six months of term of off ice of either or both Chambers16. \n \nART. 89 \nNo act of the President of the Republic shall be valid unless it is" + }, + { + "0":"countersigned by the Ministers who have submitted it, wh o assume responsibility \nfor it. \nActs having the value of law and such other acts as are set forth by law shall" + }, + { + "0":"be countersigned also by the Preside nt of the Council of Ministers. \n \nART. 90 \nThe President of the Republic shall not be held responsible for acts carried" + }, + { + "0":"out in the exercise of their presidential duties, save in the case of high treason or \nattempts to overthrow the Constitution. \nIn such cases, the President may be impeached by Parliament in joint" + }, + { + "0":"session, with a majority vote of its members. \n \n \n16 Constitutional Law of 4 November 1991, No. 1, in Official Gazette No. 262, of 8 November 1991," + }, + { + "0":"provided, by Art. 1, para. 1, for the amendments of this paragraph. ART. 91 \nThe President of the Republic, before taking office, shall take an oath of" + }, + { + "0":"allegiance to the Republic and swear to uphold the Constitution before \nParliament in joint session. \n \n \nTITLE III. THE GOVERNMENT \nSECTION I. THE COUNCIL OF MINISTERS \n \nART. 92" + }, + { + "0":"The Government of the Republic consists of the President of the Council \nand of the Ministers who jointly c onstitute the Council of Ministers." + }, + { + "0":"The President of the Republic shall appoint the President of the Council of \nMinisters and, followi ng their advice, the Ministers. \n \nART. 93" + }, + { + "0":"The President of the Council of Ministers and the Ministers, before taking \noffice , shall be sworn in by the President of the Republic. \n \nART. 94" + }, + { + "0":"The Government must have the confidence of both Chambers. \nEach Chamber shall grant or withdraw its confidence by a motion for which \nreasons must be stated, which is voted on by roll call." + }, + { + "0":"Withi n ten days of its formation the Government shall come before the \nChambers to obtain their confidence. \nIf one or both the Chambers votes against a Government proposal, this shall" + }, + { + "0":"not force the Government to resign. \nA motion of no -confidence must be signed b y at least one -tenth of the \nmembers of the Chamber and may not be debated earlier than thre e days after it" + }, + { + "0":"has been moved. \nART. 95 \nThe President of the Council shall conduct the general policy of the \nGovernment and shall be responsible for it. The Preside nt of the Council shall" + }, + { + "0":"ensure the coherence of political and administrative policies, by promoting and \ncoordinating the activities of the Ministers." + }, + { + "0":"Ministers shall be jointly responsible for the acts of the Council of Ministers \nand are individually respo nsible for th e acts of their own ministries." + }, + { + "0":"The law shall establish the organization of the Presidency of the Council, as \nwell as determining the number, responsibilities and organization of the \nministries. \n \nART. 96" + }, + { + "0":"The President of the Council of Ministe rs and the Ministers, even if they \nresign from office, are subject to ordinary courts for crimes committed in the" + }, + { + "0":"exercise of their duties, provided authorization is given by the Senate of the \nRepublic or the Chamber of Deputies, in accordance with the nor ms set forth by \nConstitutional Law17." + }, + { + "0":"SECTION II. PUBLIC ADMINISTRATION \n \nART. 97 \nPublic administrative bodies, in accordance with European Union law, shall \nensure balanced budgets and the sustainability of public debt18." + }, + { + "0":"Public administrative offices shall be organized according to the provisions \nof law, so as to ensure the efficiency and impartia lity of the administration." + }, + { + "0":"The regulations of the offices shall lay down the areas of competence, the \nduties and the res ponsibilities of the officials." + }, + { + "0":"17 Constitutional Law of 16 January 1989, No. 1, in Official Gazette No. 13, of 17 January 1989, \nprovided, by Art. 1, para. 1, for the amendments to this article." + }, + { + "0":"18 Constitutional Law of 20 April 2012, No. 1, in Official Gazette No. 95, of 23 April 2012 ," + }, + { + "0":"provided, by Art. 1, p ara. 1, for the amendments to this paragraph, and established, by Art. 6, para. 1," + }, + { + "0":"that such modifications shall apply as of the financial year 2014. Appointmen ts in public administration shall be made through competitive \nexaminations, unl ess otherwise set forth by law." + }, + { + "0":"ART. 98 \nCivil servants shall be at the sole service of the Nation. \nIf they are Members of Parliament, they may not be promoted, save by \nseniorit y." + }, + { + "0":"The law may set limitations on the right to register as members of political \nparties in the case of members of the judiciary, professional members of the" + }, + { + "0":"Armed forces in active service, law enforcement officers, and foreign diplomatic \nand consular repre sentatives. \n \n \nSECTION III. AUXILIARY BODIES \n \nART. 99" + }, + { + "0":"The National Council for Economics and Labour shall be composed, as set \nout by law, of experts and representatives of trade categories, in such a manner" + }, + { + "0":"as to take into account their numeri cal and quali tative importance. \nIt shall act as a consulting body to the Chambers and the Government on" + }, + { + "0":"such matters and for such pu rposes as pertain to it by law. \nIt shall have the right to initiate legislation and may contribute to drafting" + }, + { + "0":"economic and social legisl ation according to the principles and within th e \nlimitations set forth by law. \n \nART. 100 \nThe Council of State shall act as a consulting body on legal and" + }, + { + "0":"administrative matters and monitor the administration of justice. \nThe Court o f Auditors shall exercise both a priori compliance auditing on" + }, + { + "0":"the legitimacy of Government measures, as well as subsequent auditing of the \nadministration of the State Budget. It participates, in the cases and manner set" + }, + { + "0":"forth by law, in auditing the financial management of the bo dies which receive regular budgetary support from the State. It shall report directly to the" + }, + { + "0":"Chambers on t he results of audits performed. \nThe law shall ensure the two bodies and their members are i ndependent \nfrom the Government. \n \n \nTITLE IV. THE JUDICIARY" + }, + { + "0":"SECTION I. THE ORGANIZ ATION OF THE JUDICIARY \n \nART. 101 \nJustice shall be administered in the name of the people. \nMembers of the judiciary shall be subject only to the law. \n \nART. 102" + }, + { + "0":"The duties of the judiciary shall be carried out by permanent judges \nempower ed and regulated according to the provi sions concerning the Judiciary." + }, + { + "0":"No extraordinary or special judge shall be established. Only specialized \nsections for specific matters may be established within the ordinary judicial" + }, + { + "0":"branches, and these sections may i nclude qualified citizens who ar e not members \nof the Judiciary. \nThe law shall establish the cases and the manner in which the people may" + }, + { + "0":"take direct part in the administration of justice. \n \nART. 103 \nThe Council of State and the other bodies of administrativ e justice shall" + }, + { + "0":"have jurisdiction over lawful claims before the public administration and, in \nparticular matters set forth by la w, also over subjective rights." + }, + { + "0":"The Court of Auditors shall have jurisdiction over matters of final public" + }, + { + "0":"balances and in other matters set forth by law. In time of war, military tribunals shall have the jurisdiction set forth by law." + }, + { + "0":"In times of peace they shall have jurisdiction only for military offences committed \nby members of the Armed forces. \n \nART. 104" + }, + { + "0":"The Judiciary is an in dependent branch of government and sha ll not be \nsubject to any other. \nThe High Council of the Judiciary shall be presided over by the President \nof the Republic." + }, + { + "0":"The first president and the general prosecutor of the Court of Cassation are \nmembers by right. \nTwo thirds of the members are elected by all the permanent judges belonging" + }, + { + "0":"to the various categories, and one third are elected by Parliament in joint session \nfrom among full professors of law and lawyers with fifteen years of practice." + }, + { + "0":"The Council shall elect a vice -president from among those me mbers \ndesignated by Parliament. \nElected members of the Council shall hold office for four years and c annot" + }, + { + "0":"be immediately reelected. \nWhile they are in office they may not be members of a professional register, \nnor serve in Parli ament or on a Regional Council. \n \nART. 105" + }, + { + "0":"The High Council of the Judiciary, in accordance with the regulations of the \nJudiciary, shall have the right to appoint, assign, transfer , promote and take" + }, + { + "0":"disciplinary action ag ainst members of the j udiciary. \n \nART. 106 \nMembers of the judiciary are appointed by means of competitive \nexamina tions." + }, + { + "0":"The law on the regulations of the Judiciary may provide for the \nappointment, even by election, of honorary judges to perform all the functions" + }, + { + "0":"performed by sin gle judges. Following a proposal by the High Council of the Judiciary, full professors \nof law and lawyers with fifteen years of practice and are members of a" + }, + { + "0":"professional register for higher courts may be appointed as Cassation councilors \nfor outstanding m erit. \n \nART. 107 \nMembers of the judiciary may not be removed from office. They may not be" + }, + { + "0":"dismissed or suspended from office or assigned to other courts or functions19 save \nby a decision of the High Council of the Judiciary, taken for the reasons and with" + }, + { + "0":"guarantees for their defense established by the provisions concerning the \norganization of Judic iary or with their own consent." + }, + { + "0":"The Minister of Justice has the power to initiate disciplinary action. \nMembers of the judiciary are distinguished only by their dif ferent functions." + }, + { + "0":"The public prosecutor shall enjoy the guarantees established in the \nprosecutor’s favour by the provisions concerning the organization of the \nJudiciary. \n \nART. 108" + }, + { + "0":"The provisions concerning the organization of the Judiciary and judicial \nauthority shall be set forth by law. \nThe law shall ensure the independence of judges of special courts, of public" + }, + { + "0":"prosecutors of those courts and of other persons, not belonging to the judiciary, \nwho may take part in the administration of jus tice. \n \nART. 109" + }, + { + "0":"Judicial authorities may directly avail the mselves of the judicial police." + }, + { + "0":"19 An Errata Corrige , published in Official Gazette No. 2, of 3 January 1948, clarified that, due" + }, + { + "0":"to a typo graphical error, the text “courts or officials” of the first paragraph, published in Official Gazette \nNo. 298 of 27 December 1947, should be read as “courts or functions”. ART. 110" + }, + { + "0":"Without prejudice to the authority of the High Council of the Judiciary, the \norganization and performance of services related to the administration of justice" + }, + { + "0":"shall pert ain to the Minister of Justice. \n \n \nSECTION II. PROVISIONS ON JURISDICTION \n \nART. 111 \nJurisdiction shall be administered throug h due process regulated by law." + }, + { + "0":"All court trials shall be conducted with cross -examination between the \nparties, with equal conditions before a third -party neutral judge. The law shall" + }, + { + "0":"ensure reasonable length of the proceedin gs. \nIn criminal trials, the law shall ensure that the accused, in the shortest \npossible time, be confidentially informed of the nature and reasons for the" + }, + { + "0":"charges br ought against them; have adequate time and means to prepare a \ndefense ; have the right to cross -examine those who testify against them before a" + }, + { + "0":"judge, or to have them cross -examined, to obtain that those who may testify in \ntheir favour be summoned and exami ned under the same conditions granted to" + }, + { + "0":"the prosecution, as well as the right to produce all other evidence in favour of the \ndefense ; have the assistance of an interpreter in the event they do not speak or" + }, + { + "0":"understand the language which the cour t proceedin gs are conducted in. \nThe hearing of evidence in criminal law proceedings is regulated by the" + }, + { + "0":"principle of cross -examination . The guilt of the defendant cannot be established \non the basis of statements by persons who have, by free choice, always voluntarily" + }, + { + "0":"avoided undergoing cross -examination by the defendant or the defense counsel. \nThe law shall determine the cases in which the hearing of evidence does not" + }, + { + "0":"occur in a cross -examination with the consent of the defendant or owing to \nreasons of ascertained obj ective impossibility or proven misdemeanor20." + }, + { + "0":"All judicial decisions shall include a statemen t of reasons. \nAppeals to the Court of Cassation shall always be allowed in cases of" + }, + { + "0":"violations of the law against sentences and against sentences and measures" + }, + { + "0":"20 Constitutional Law of 23 November 1999, No. 2, in Official Gazette No. 300, of 23 December" + }, + { + "0":"1999, introduced , by Art. 1, para. 1, the paragraphs from 1 to 5 . conce rning personal freedom pronounced by permanent judges and special" + }, + { + "0":"courts. This provision may only be waived in cases of sentences by military \ntribunals in time of war. \nAppeals to the Court of Cassation against decisions of the Council of State" + }, + { + "0":"and the Cour t of Auditors shall only be permitt ed for reasons of jurisdiction. \n \nART. 112 \nThe public prosecutor shall have the obligation to initiate criminal \nproceedings. \n \nART. 113" + }, + { + "0":"The judicial safeguarding of rights and legitimate interests before the bodies \nof ordin ary or administrative justice shall always be permitted against decisions \nof the public admi nistration." + }, + { + "0":"Such judicial protection may not be excluded or limited to special types of \nappeal or for c ertain categories of decisions." + }, + { + "0":"The law shall establish which judicial branches may annul decisions taken \nby the public administration in the cases and with the consequences provided for \nby the law itself." + }, + { + "0":"TITLE V. REGIONS , PROVINCES , MUNICIPALITIES \n \nART. 114 \nThe Republic is composed of Municipalities, Provinces, Metropolitan Cities, \nRegions and the State." + }, + { + "0":"Municipalities, provinces, metropolitan cities and regions are autonomous \nentities having their own statutes, powers and functions in accordance with the" + }, + { + "0":"principles set forth in the Constitution. Rome is the cap ital of the Republic. Its st atus is regulated by State Law21. \n \nART. 115 \nRepealed22 \n \nART. 116" + }, + { + "0":"Friuli -Venezia Giulia, Sardinia, Sicily, Trentino -Alto Adige\/Südtirol and \nValle d’Aosta\/Vallée d’Aoste shall have special forms and conditions of autonomy" + }, + { + "0":"pursuant t o the special statutes adopted by constitutional law. \nThe Trentino -Alto Adige\/Südtirol Region is composed of the autonomous \nprovinces of Trent and Bolzano." + }, + { + "0":"Additional special forms and conditions of autonomy, related to the areas \nspecified in art. 117, par agraph three and paragraph two, letter l) – limited to" + }, + { + "0":"the organizational requirements of the Justice of the Peace – and letters n) and \ns), may pertain to other Regions by State Law, subject to the initiative of the" + }, + { + "0":"Region in question, after consultation w ith the local authorities, in compliance \nwith the principles set forth in art. 119. Said Law has been approved by both" + }, + { + "0":"Chambers of Parliament with a majority vote of their members, based on an \nagreement between the State and the Region in question23. \n \nART. 117" + }, + { + "0":"Legislative powers shall be vested in the State and the Regions in compliance \nwith the Constitution and with the constraints deriving from EU legislation and \ninternational obligations." + }, + { + "0":"The State has exclusive legislative powers in the following subject matters: \na) foreign policy and international relations of the State; relations between" + }, + { + "0":"the State and the European Union; right of asylum and legal status of non -EU \ncitizens;" + }, + { + "0":"21 Constitutional Law of 18 October 2001, No. 3, in Official Gazette No. 248, of 24 October 2001 , \nprovided, by Art. 1, para. 1, for the amendments to this article." + }, + { + "0":"22 Constitutional L aw of 18 October 2001, No. 3, in Official Gazette No. 248, of 24 October 2001 , \nprovided, by Art. 9, para. 1, for the amendments to this article." + }, + { + "0":"23 Constitutional Law of 18 October 2001, No. 3, in Official Gazette No. 248, of 24 October 2001 , \nprovided, by Art. 2, para. 1, for the amendments to this article. b) immigration;" + }, + { + "0":"c) relations between the Republic and religious denominations; \nd) defense and Armed forces; State security; armaments, ammunition and \nexplosives;" + }, + { + "0":"e) the currency, safeguarding savings and financial markets; competition \nprotection; foreign exchange system; state taxation and accounting systems;" + }, + { + "0":"harmonization of final p ublic balances; equalization of financial resources; \nf) state bodies and relevant electoral laws; state referendum; elections to the \nEuropean Parliament;" + }, + { + "0":"g) legal and administrative organization of the State and of national public \nagencies; \nh) public order and security, save for local administrative police;" + }, + { + "0":"i) citizenship, civil status and register offices; \nl) jurisdiction and procedural law; civil and criminal law; administrative \njustice;" + }, + { + "0":"m) determining of the basic level of benefits relating to civil and social \nentitlements to be guaranteed throughout the national territory;" + }, + { + "0":"n) general provisions on education; o) social security; \np) electoral legislation, governing bodies and fundamental functions of \nMunicipalities, Provinces and Metropolitan Cities;" + }, + { + "0":"q) cu stoms, protection of national borders and international preventative \nmeasures; \nr) weights and measures; standard time; statistical and computerized co-" + }, + { + "0":"ordination of data in state, regional and local administrations; intellectual \nproperty; \ns) protection of the environment, the ecosystem and cultural heritage." + }, + { + "0":"Concurrent legislation applies to the following subject matters: \ninternational and EU relations with the Regions; foreign trade; job protection" + }, + { + "0":"and safety; education, subject to the autonomy of educatio nal institutions and \nsave for vocational education and training; professions; scientific and" + }, + { + "0":"technological research and supporting innovation in productive sectors; health \nprotection; nutrition; sports; disaster relief; land -use planning; civil ports and" + }, + { + "0":"airports; large transport and navigation networks; communications; national" + }, + { + "0":"production, transport and distribution of energy; complementary and supplementary social security; co -ordination of public finance and the taxation" + }, + { + "0":"system; capitalization of cultura l and environmental assets, including the \npromotion and organization of cultural activities; savings banks, rural banks," + }, + { + "0":"regional credit institutions; regional land and agricultural credit institutions. In \nthe subject matters covered by concurrent legislat ion legislative powers shall be" + }, + { + "0":"vested in the Regions, save for the determination of the fundamental principles, \nwhich are set forth in State legislation." + }, + { + "0":"The Regions shall have legislative powers in all subject matters that do not \nexpressl y pertain to Sta te legislation. \nThe Regions and the autonomous provinces of Trent and Bolzano shall" + }, + { + "0":"participate in the preparatory decision -making process of EU legislative acts in \nthe areas that fall within their responsibilities. They shall also be responsible for" + }, + { + "0":"the implementation of international agreements and EU measures, subject to the \nprocedural provisions set out in State legislation regulating the exercise of" + }, + { + "0":"subsidiary powers by the State in the event of non -fulfilment by the Re gions and \nautonomous provinces. \nRegulatory powers shall be vested in the State with regards to the subject" + }, + { + "0":"matters of exclusive legislation, subject to any delegations of such powers to the \nRegions. Regulatory powers shall be vested in the Regions in all other subject" + }, + { + "0":"matters. Municipalit ies, provinces and metropolitan cities shall have regulatory \npowers as to the organization and implementation of the f unctions which pertain \nto them." + }, + { + "0":"Regional laws shall remove any hindrances to the full equality of men and \nwomen in social, cultural and ec onomic life and promote equal access to elec tive \noffices for men and women." + }, + { + "0":"Agreements between a Region and other Regions whose goal is to improve \nthe performance of regional functions and that may also envisage the" + }, + { + "0":"establishment of joint bodies sha ll be r atified by regional law. \nIn the areas falling within their responsibilities, Regions may enter into" + }, + { + "0":"agreements with foreign States and with local authorities of other States in the \ncases and according to the manner set forth in State legislation24." + }, + { + "0":"24 Constitutional Law of 18 October 2001, No. 3, in Official Gazette No. 248, of 24 October 2001 , \nprovided, by Art. 3, para. 1, for the amendments to this article." + }, + { + "0":"Constitutional Law of 20 April 2012, No. 1, in Official Gazette No. 95, of 23 April 2012 ," + }, + { + "0":"established, by Art. 6, para. 1, that amendments to para. 2, letter e) and letter s), relating to public \nfinances, shall apply as of the financial year 2014. \nART. 118" + }, + { + "0":"Administrative functions shall pertain to the Municipalities, unless they \npertain to the provinces, metropolitan cities and regions or to the State, pursuant" + }, + { + "0":"to the principles of subsidiarity, differentiation and proportionality, to ensure \nuniform implem entation. \nMunicipalities, provinces and metropolitan cities carry out administrative" + }, + { + "0":"functions of their own as well as the functions assigned to them by State or by \nregional legislation, according to the ir respective responsibilities." + }, + { + "0":"State legislation sha ll provide for coordinated action between the State and \nthe Regions in the subject matters as per Article 117, paragraph two, letters b)" + }, + { + "0":"and h) and shall also provide for agreements and coordinated action in the field \nof cultural heritage preservation. \nThe State, regions, metropolitan cities, provinces and municipalities shall" + }, + { + "0":"promote the autonomous initiatives of citizens, both as individuals and as \nmembers of associations, relating to activities of general interest, based on the \nprinciple of subsidiarity25." + }, + { + "0":"ART. 119 \nMunicipalities, provinces, metropolitan cities and regions shall have income \nand expenditure autonomy, subject to the obligation to balance their budgets," + }, + { + "0":"and shall contribute to ensuring compliance with the economic and financial \nconstraints i mposed under European Union law. \nMunicipalities, provinces, metropolitan cities and regions shall have" + }, + { + "0":"independent financial resources. They shall set and levy taxes and collect income \nof their own, in compliance with the Constitution and according to the principles" + }, + { + "0":"of co -ordination of public finance and the tax system. They share in the revenue \nfrom State taxes related t o their respective territories." + }, + { + "0":"State legislation shall provide for an equalization fund – with no allocation \nconstraints – for the territ ories having lower p er-capita tax -raising capacity." + }, + { + "0":"25 Constitutional Law of 18 October 2001, No. 3, i n Official Gazette No. 248, of 24 October 2001 ," + }, + { + "0":"provided, by Art. 4, para. 1, for the amendments to this article. Income raised from the afore -mentioned sources shall enable municipalities," + }, + { + "0":"provinces, metropolitan cities and regions to fully finance the public f unctions \nwhich pertain to them. \nThe State shall allocate supplementary resources and adopt special" + }, + { + "0":"measures in favour of specific municipalities, provinces, metropolitan cities and \nregions to promote economic development along with social cohesion and" + }, + { + "0":"solidarity, to eliminate economic and social imbalances, to promote the exercise \nof the rights of the person or to achieve goals other than those pursued through" + }, + { + "0":"the ordinary imp lementation of their functions. \nThe Republic recognizes the distinctiveness of its islands and shall promote" + }, + { + "0":"the necessary measures to eli minate the disadvantages associated with \ninsularity26. \nMunicipalities, provinces, metropolitan cities and regions have their own" + }, + { + "0":"assets, which are allocated to them pursuant to general principles set forth in \nState legislation. They may resort to borrowing only as a means of financing" + }, + { + "0":"investment expenditure, with the concomitant adoption of repayment plans and \nsubject to the condition that budget balance is ensured for all authorities of each" + }, + { + "0":"region, taken as a whole. State guarantees on loans contracted by such \nautho rities shall not be admissible27. \n \nART. 120 \nThe Regions may not levy import or export or transit duties between" + }, + { + "0":"Regions or adopt measures that in any way hinder the freedom of movement of \npersons or goods between Regions. Regions may not limit the right of citizens to" + }, + { + "0":"work in any part of the national territory. \nThe Government may act for bodies of the regions, metropolitan cities, \nprovinces and municipalities if the latter fail to comply with international" + }, + { + "0":"provisions and treaties or EU legislation, or in the event of grave danger for \npublic safety and security, or whenever such action is necessary to preserve legal" + }, + { + "0":"or economic unity and especially to guarantee the basic level of benefits relating" + }, + { + "0":"26 Constitutional Law of 7 November 2022, No. 2, in Official Gazette No. 267 , of 15 November \n2022, provided, by Art. 1, para. 1, for the introd uction of this paragraph ." + }, + { + "0":"27 Constitutional Law of 18 October 2001, No. 3, in Official Gazette No. 248, of 24 October 2001 , \nprovided, by Art. 5, para. 1, for the amendments to this article." + }, + { + "0":"Constitutional Law of 20 April 2012, No. 1, in Official Gazette No. 95, of 23 April 2012 ," + }, + { + "0":"established, by Art. 6, para. 1, that amendments to this article, relating to public finances, shall apply as" + }, + { + "0":"of the financial year 2014. to civil and social entitlements, regardless of the g eographic borders of local \nauthorities. The law shall lay down the procedures to ensure that subsidiary" + }, + { + "0":"powers are exercised in compliance with the principles of subsidia rity and of loyal \nco-operation28. \n \nART. 121 \nThe organs of the Region shall be: the Regi onal Council, the Regi onal" + }, + { + "0":"Cabinet and its President. \nThe Regional Council shall exercise the legislative powers granted to the \nRegion as well as the other functions conferred by the Constitution and the laws." + }, + { + "0":"It may submit bills to Parliament29. \nThe Region al Cabinet shall be th e executive body of the Region. \nThe President of the Cabinet shall represent the Region; they shall conduct" + }, + { + "0":"the general policy of the Cabinet and shall be responsible for it, they shall \npromulgate regional laws and regulations, conduc t the administrative functions" + }, + { + "0":"delegated to the Region by the State, in compliance with the instructions of the \nGovernment of the Republic30. \n \nART. 122" + }, + { + "0":"The electoral system and the cases of ineligibility and incompatibility of the \nPresident, the other membe rs of the Regional Cabinet and the Regional" + }, + { + "0":"councilors shall be established by a regional law in accordance with the \nfundamental principles set forth by a law of the Republic, which also establishes \nthe length of elective offices." + }, + { + "0":"No one shall be a member of a Regional Council or to a Regional Cabinet \nand of one of the Chambers of Parliament, or another Regional Council, or of \nthe Europea n Parliament, at the same time." + }, + { + "0":"The Council shall elect a President and a Chairman’s O ffice from amongst \nits members." + }, + { + "0":"28 Constitutional Law of 18 October 2001, No. 3, in Official Gazette No. 248, of 24 October 2001 , \nprovided, by Art. 6, para. 1, for the amendments to this article." + }, + { + "0":"29 Constitutional Law of 22 November 1999, No. 1, in Official Gazette No. 299, of 22 December \n1999 , provided, by Art. 1, para. 1, letter a), for the amendments to this paragraph." + }, + { + "0":"30 Constitu tional Law of 22 November 1999, No. 1, in Official Gazette No. 299, of 22 December" + }, + { + "0":"1999 , provided, by Art. 1, para. 1, letter b), for the amendments to this paragraph. Regional councilors shall not be called upon to answer for opinions" + }, + { + "0":"expressed and votes cast in the exerc ise of their functions. \nThe President of the Regional Cabinet shall be elected by universal and" + }, + { + "0":"direct ballot, unless the regional statute establishes oth erwise. The elected \nPresident shall appoint and dism iss the members of the Cabinet31. \n \nART. 123" + }, + { + "0":"Each Region shall have a statute which determines the form of government \nand fundamental principles of the organization and functioning of the Region, in" + }, + { + "0":"accorda nce with the Constitution. The statute shall regulate the right to initiate \nlegislation and promote referendum on the laws and administrative measures of" + }, + { + "0":"the Region as well as the publication of regional laws and regulations. \nRegional statutes shall be ado pted and amended by the Regional Council" + }, + { + "0":"with a law approved by a majority vote of its members, with two subsequent \ndeliberations with an interval between the votes of no less than two months. This" + }, + { + "0":"law must not be submitted to the Government commissioner. The Government of \nthe Republic may bring a case concerning the constitutional legitimacy of a" + }, + { + "0":"regional statute before the Constitutional Court within th irty days from its \npublication. \nThe statute shall, within three months from its publication, be submitte d to" + }, + { + "0":"a popular referendum if one -fiftieth of the electors of the Region or one -fifth of \nthe members of the Regional Council so request. The statute submitted to" + }, + { + "0":"referendum shall not be promulgated unless it is approved by the majority of \nvalid votes. \nIn ea ch Region, statutes shall regulate the activity of the Council of local" + }, + { + "0":"authorities, acting as a consulting body on relations between the Regions and \nlocal authorities32. \n \nART. 124 \nRepealed33" + }, + { + "0":"31 Constitutional Law of 22 November 1999, No. 1, in Official Gazette No. 299, of 22 Dece mber \n1999 , provided, by Art. 2, para. 1, for the amendments to this article." + }, + { + "0":"32 Constitutional Law of 18 October 2001, No. 3, in Official Gazette No. 248, of 24 October 2001 , \nprovided, by Art. 7, para. 1, for the insertion of this paragraph." + }, + { + "0":"33 Constitutiona l Law of 18 October 2001, No. 3, in Official Gazette No. 248, of 24 October 2001 , \nprovided, by Art. 9, para. 2, for the repeal of this article. \nART. 125" + }, + { + "0":"Administrative trial courts shall be established in the Region, in accordance \nwith the provisions set forth by the law of the Republic. Branches may be" + }, + { + "0":"established in places other than the regional capital34. \n \nART. 126 \nThe Regional Council may be dissolved and the President of the Cabinet" + }, + { + "0":"may be dismissed by mea ns of a decree of the President of the Republic stating \nthe reasons for it when they have acted against the Constitution or committed" + }, + { + "0":"serious violations of the law. The dissolution or dismissal may also be decided for \nreasons of national security. The afor ementioned decree is adopted after" + }, + { + "0":"consultation with a committee of Deputies and Senators for regional affairs \nformed accord ing to the law of the Republic." + }, + { + "0":"The Regional Council may express its vote of no confidence in the President \nof the Cabinet by a moti on for which reasons must be stated, which shall be" + }, + { + "0":"undersigned by at least one -fifth of its members and adopted by roll call vote with \na majority of members. The motion may not be debated before three days have \nelapsed since its introduction." + }, + { + "0":"The adoption of a vote of no confidence against a President of the Cabinet \nelected by universal and direct ballot, and the removal, permanent impediment," + }, + { + "0":"death or voluntary resignation of the President of the Cabinet entail the \nresignation of the Cabinet and the disso lution of the Council. The same effects" + }, + { + "0":"follow a simultaneous resignation of the majority of Council members35. \n \nART. 127 \nThe Government may, within sixty days from its publication, submit the" + }, + { + "0":"constitutional legitimacy of a regional law to the Constitutiona l Court, when it \ndeems that the regional law exceeds th e responsibility of the Region." + }, + { + "0":"A Region may, within sixty days from its publication, submit the \nconstitutional legitimacy of a State or regional law or measure having the force of" + }, + { + "0":"34 Constitutional Law of 18 October 2001, No. 3, in Official Gazette No. 248, of 24 October 2001 , \nprovided, by Art. 9, para. 2, for the repeal of the – former – first paragraph of this article." + }, + { + "0":"35 Constitutional Law of 22 November 1999, No. 1, in Official Gazette No. 299, of 22 December" + }, + { + "0":"1999 , provided, by Art. 4, para. 1, for the amendments to this article. law to the Constitut ional Court when it deems that said law or measure inf ringes \nupon its responsibility36. \n \nART. 128" + }, + { + "0":"Repealed37 \n \nART. 129 \nRepealed38 \n \nART. 130 \nRepealed39 \n \nART. 131 \nThe following Regions shall be instituted: Piedmont; Valle d’Aosta;" + }, + { + "0":"Lombardy Trentino -Alto Adige; V eneto; Friuli -Venezia Giulia; Liguria; Emilia -\nRomagna; Tuscany; Umbria; The Marches; Latium; Abruzzi; Molise; Campania;" + }, + { + "0":"Apulia; Basilica ta; Calabria; Sicily; Sardinia40. \n \nART. 132 \nBy means of a constitutional law, the regional Council having been" + }, + { + "0":"consulted, existing Regions may be merged, or new Regions created, provided the \npopulation of any new Regions is at least one million, when the request has been" + }, + { + "0":"made by a number of Municipal Councils representing no less than one -third of \nthe populations involved, a nd the request has been approved by referendum by \na majority of said populations." + }, + { + "0":"36 Constitu tional Law of 18 October 2001, No. 3, in Official Gazette No. 248, of 24 October 2001 ," + }, + { + "0":"provided, by Art. 8, para. 1, for the amendments to this article. \n37 Constitutional Law of 18 October 2001, No. 3, in Official Gazette No. 248, of 24 October 2001 ," + }, + { + "0":"provid ed, by Art. 9, para. 2, for the amendments to this article. \n38 Constitutional Law of 18 October 2001, No. 3, in Official Gazette No. 248, of 24 October 2001 ," + }, + { + "0":"provided, by Art. 9, para. 2, for the amendments to this article. \n39 Constitutional Law of 18 Octobe r 2001, No. 3, in Official Gazette No. 248, of 24 October 2001 ," + }, + { + "0":"provided, by Art. 9, para. 2, for the amendments to this article. \n40 Constitutional Law of 27 December 1963, No. 3, in Official Gazette No. 3, of 4 January 1964 ," + }, + { + "0":"provided, by Art. 1, for the am endments to this article. The Provinces and Municipalities which request to be detached from one" + }, + { + "0":"Region and incorporated in another may be allowed to do so, following a \nreferendum and a law of the Rep ublic, which obtains the majority vote of the" + }, + { + "0":"populations of the Province or Provinces and of the Municipality or \nMunicipalities concerned, and after the Regiona l Councils have been consulted41. \n \nART. 133" + }, + { + "0":"Changes in provincial boundaries and the institution of new Provinces \nwithin a Region shall be regulated by the laws of the Republic, after it has been" + }, + { + "0":"requested by the Municipalitie s, having consulted the Region. \nThe Region, having consulted with the populations involved, may establish" + }, + { + "0":"through its laws new Municipalities within its own territory and mo dify their \ndistricts and names. \n \n \nTITLE VI. CONSTITUTIONAL GUARANTEES \nSECTION I. THE CONSTITUTIONAL COURT \n \nART. 134" + }, + { + "0":"The Constitutional Court shall pass judgement on: \ndisputes concerning the constitutional legi timacy of laws and enactments \nhaving the force of law issue d by the State and the Regions;" + }, + { + "0":"conflicts arising over the allocation of powers of the State and between the \nState and th e Regions, and between Regions; \naccusations made against the President of th e Republic, according to the" + }, + { + "0":"provisions of the Constitution42. \n \n \n41 Constitutional Law of 18 October 2001, No. 3, in Official Gazette No. 248, of 24 October 2001 ," + }, + { + "0":"provided, by Art. 9, para. 1, for the amendments to this paragraph. \n42 Constitutional Law of 16 January 1989, No. 1, in Official Gazet te No. 13, of 17 January 1989 ," + }, + { + "0":"provided, by Art. 2, para. 1, for the amendments to this paragraph. ART. 135 \nThe Constitutional Court shall be composed of fifteen judges, one third of" + }, + { + "0":"whom shall be appointed by the President of the Republic, one third by \nParliament in joint session and one th ird by the ordinary and administrative \nsupreme Courts." + }, + { + "0":"The judges of the Constitutional Courts shall be chosen from among \nmagistrates, including those in retirement, of the ordinary and administrative" + }, + { + "0":"higher Courts, from full professors of law and lawyers with a t least twenty years’ \npractice. \nJudges of the Constitutional Court shall be appointed for nine years," + }, + { + "0":"beginning from the day of their swearing in, and they may not be re -appointed. \nAt the end of their term, the constitutional judge shall cease from o ffice and" + }, + { + "0":"may no longer exercise the functions thereof. \nIn accordance with the provisions set forth by law, the Court shall elect from" + }, + { + "0":"among its members, a President, who shall remain in office for three years and \nmay be re -elected, the expiry term for con stitutional judges shall hold in any case." + }, + { + "0":"The office of the constitutional judge shall be incompatible with membership \nof Parliament, of a Regional Council, engaging in the legal profession, and with" + }, + { + "0":"every appointment and office established by law. \nIn imp eachment procedures against the President of the Republic, apart" + }, + { + "0":"from the permanent judges of the Court, there shall also be sixteen members, who \nshall be drawn by lot from a list of citizens elected by Parliament every nine" + }, + { + "0":"years, from among those possess ing the qualifications for election to the Senate, \nby the same procedures as those followed in appointing permanent judges43. \n \nART. 136" + }, + { + "0":"When the Court declares a law, or an act having the force of law, \nunconstitutional, the law ceases to have effect from th e day following t he \npublication of the decision." + }, + { + "0":"The decision of the Court shall be published and communicated to the \nChambers and to the Regional Councils concerned, in order that, should they" + }, + { + "0":"43 Constitutional Law of 16 January 1989, No. 1, in Official Gazette No. 13, of 17 January 1989 ," + }, + { + "0":"provided, by Art. 2, para. 2, for the amendments to this para graph. deem it necessary, they may take appropriate measures in compl iance with \nconstitutional procedures. \n \nART. 137" + }, + { + "0":"A constitutional law shall establish the conditions, the manner, the terms \nfor bringing a case concerning constitutional legitimacy, and shall protect the" + }, + { + "0":"independenc e of the constitutional judges. \nOther prov isions necessary for the constitution and the functioning of the \nCourt shall be determined by law." + }, + { + "0":"The decisions of the Constitutional Cou rt may not be appealed against. \n \n \nSECTION II. AMENDMENTS TO THE CONSTITUTION . CONSTITUTIONAL LAWS. \n \nART. 138" + }, + { + "0":"Laws amen ding the Constitution and other constitutional laws shall be \nadopted by each Chamber after two successive debates at intervals of no less than" + }, + { + "0":"three months, and shall be approved by a majority vote of the members of eac h \nChamber in the second voting. \nSaid laws are submitted to a popular referendum when, within three months" + }, + { + "0":"of their publication, such request is made by one -fifth of the members of a \nChamber or five hundred thousand voters or five Regional Councils. The law" + }, + { + "0":"submitted to referendum shall not be promulgated unless it be approve d by a \nmajority of valid votes. \nA referendum shall not be held if the law has been approved in the second" + }, + { + "0":"voting by each of the Chambers by a majority vote of two -thirds of the members. \n \nART. 139 \nThe Republican form may not changed by way of a constitutional \namendment." + }, + { + "0":"TRANSITORY AND FINAL PROVISIONS \n \n \n \n \nI \nWith the implementation of the Constitution the provisional Head of the \nState shall exercise the functions of President of the Republic and take on that" + }, + { + "0":"title. \n \nII \nIf, at the date of the election of the President of the Republic, all the \nRegional Councils have not been set up, only members of the two Chambers sha ll" + }, + { + "0":"participate in the election. \n \nIII \nFor the initial setting up of the Senate of the Republic, Deputies to the \nConstituent Assembly who meet all the requirements envisaged by law to become" + }, + { + "0":"Senators and who: \nhad been Presidents of the Council of Ministers or of legislative Assemblies; \nhad been m embers of the dissolved Senate;" + }, + { + "0":"had been elected at least three time s including to the Constituent Assembly; \nhad been dismissed at the sitting of the Chamber of Deputies of November 9 1926;" + }, + { + "0":"had been imprisoned for no less than five years by a sentence of the special \nFascist tribunal for the defense of the State;" + }, + { + "0":"shall be a ppointed Senators by decree of the President of the Republic. \nThose who had been members of the dissolved Senate and who had been" + }, + { + "0":"part of the “Consulta Nazionale ” shall also be appointed Senators, by decree of \nthe President of the Republic. The right to be appointed Senator may be renounced before the signing of" + }, + { + "0":"the decree of appointment. Acceptance of candidacy in political elections shall \nconstitute renunciation of the right to be appointed Senator. \n \nIV" + }, + { + "0":"For the first election of the Senate Molise shall be considered a Region in \nitself, having the due number of Senators based on its population. \n \nV" + }, + { + "0":"The provisions of Article 80 of the Constitution on the question of \ninternational treaties which involve budget expenditures or changes in the law," + }, + { + "0":"shall become e ffective as of the dat e of convocation of Parliament. \n \nVI \nWithin five years after the Constitution has come into effect the special" + }, + { + "0":"jurisdictional bodies still in existence shall be revised, excluding the jurisdiction \nof the Council of State, the Court of Audito rs, and the military tribunals." + }, + { + "0":"Within a year of the same date, a law shall provide for the re -organization \nof the Supreme Military Tri bunal according to Article 111. \n \nVII" + }, + { + "0":"Until such a time as the new law on the Judiciary in accordance with the \nConst itution has been issued, the provisions in force shall continue to be \nobserved." + }, + { + "0":"Until such a time as the Constitutional Court commences its functions, the \ndecision on controversies stated in Article 134 shall be conducted in the manner" + }, + { + "0":"and within the limit s of the provisions already in existence before the \nimpl ementation of the Constitution44." + }, + { + "0":"44 Constitutional Law of 22 November 1967, No. 2, in Official Gazette No. 294, of 25 November \n1967 , provided, by Art. 7, for the repeal of the third paragraph of this provision. VIII" + }, + { + "0":"Elections of the Regional Councils and the elected bodies of provincial \nadministration shall be called within one year of the implementation of the \nConstitution." + }, + { + "0":"The laws of the Republic shall regulate, for every branch of public \nadministration, the transition of state functions which pertain to the Regions." + }, + { + "0":"Until such a time as the re -organization and re -distribution of the administrative \nfunctions among the loca l bodies has been accomplished, the Provinces and the" + }, + { + "0":"Municipalities shall retain those functions they currently exercise and the others \nwhich th e Regions may delegate to them." + }, + { + "0":"The laws of the Republic shall regulate the transfer to the Regions of official s \nand employees of the State, including those from central administrations, which" + }, + { + "0":"shall be made necessary by the new provisions. In setting up their offices the \nRegions shall, except in cases of necessity, draw their personnel from among the \nemployees of S tate local bodies." + }, + { + "0":"IX \nThe Republic, within three years of the implementation of the Constitution, \nshall adjust its laws to the needs of local self -governments and to the legislative" + }, + { + "0":"jurisdiction which p ertain to the Regions. \n \nX \nTo the Region of Friuli -Venezia Giulia, as per Article 116, shall be" + }, + { + "0":"temporarily applied the general provisions of Title V of the second part, without \nprejudice to the protection of linguistic minorities in accordance with Article 6. \n \nXI" + }, + { + "0":"Up to five years after the implementation of the Constitution other Regions \nmay, by constitutional laws, be established, thus amending the list in Article 131," + }, + { + "0":"and without the conditions requested by the first paragraph of Article 132, \nwithout prejudice, however, to the obligation to consult the citi zens concerned45." + }, + { + "0":"45 Constitutional Law of 18 March 1958, No. 1, in Official Gazette No. 79 , of 1 April 1958 ," + }, + { + "0":"provided, by its sole Article, for the amendments to this provision, establishing that “[t] he term re ferred" + }, + { + "0":"to in the XI Transit ory and Final Provision of the Constitution s hall expire on 31 December 1963” . \nXII \nIt shall be forbidden to reorganize , under any form whatsoeve r, the" + }, + { + "0":"dissolved Fascist party. \nNotwithstanding Article 48, the law has established, for no more than five \nyears from the implementation of the Constitution, temporary limit ations to the" + }, + { + "0":"right to vote and eligibility for the leaders resp onsible for the Fascist regime. \n \nXIII \nThe members and descendants of the House of Savoy shall not be voters and" + }, + { + "0":"they shall not hold public offic e or elected offices. \nTo the ex -kings of the Hou se of Savoy, to their consorts and their male" + }, + { + "0":"descendants shall be forbidden access and sojourn in the national territory46. \nThe assets, existing on national territory, of the former kings of the House" + }, + { + "0":"of Savoy, of their consorts and of their male descendan ts shall revert to the State. \nTransfers and the establishment of royal rights on said patrimony which took" + }, + { + "0":"place after 2 June 1946 shall be null and void. \n \nXIV \nTitles of nobi lity shall not be acknowledged. \nThe predicates of those existing prior to 28 Octob er 1922 shall serve as part" + }, + { + "0":"of the name. \nThe Order of Saint Mauritius shall be preserved as a hospital corporation \nand shall functio n in the ways set forth by law." + }, + { + "0":"The law shall regulate the suppression of the Heraldic Council." + }, + { + "0":"46 Constitutional L aw of 23 Oct ober 2002, No. 1, in Official Gazette No. 252, of 26 October 2002 ," + }, + { + "0":"has established th at “[t] he firs t and second paragraphs of the XIII transitory and final provision of the" + }, + { + "0":"Constitution cease to be applicable as of the date of the entry into force of the C onstitutional law” . XV \nWith the entry into forc e of the Constitution, the legislative decree of the" + }, + { + "0":"Lieutenant of the Realm No. 151 of 25 June 1944 on the provisional organization \nof the State shall pass into law. \n \nXVI" + }, + { + "0":"Within one year of the entry into force of the Constitution, the revision and \ncoordi nation therewith of the preceding constitutional laws which had not at that" + }, + { + "0":"moment been explicitly or implicitly abrogated shall be gin. \n \nXVII \nThe Constituent Assembly shall be called by its President to decide, before" + }, + { + "0":"31 January 1948 on the law for the ele ction of the Senate of the Republic, on the \nspecial regional statues and on the law governing the press." + }, + { + "0":"Until the day of the election of the new Chambers, the Constituent Assembly \nmay be called, when it is necessary to decide on matters which pertain to i ts" + }, + { + "0":"jurisdiction by Article 2, paragraphs one and two, and Article 3, paragraphs one \nand two, of legislative decree No. 98 of 16 March 1946." + }, + { + "0":"At that time the Standing Committees shall maintain their functions. \nLegislative Committees shall send back to the G overnment those bills, submitted" + }, + { + "0":"to them, with their observation s and proposals for amendments. \nDeputies may present questions to the Government wi th request for written \nanswers." + }, + { + "0":"The Constituent Assembly, in accordance with the second paragraph of this \nArticle, shall be called by its President at the documented request of the" + }, + { + "0":"Government or by at least two hundred Deputies. \n \nXVIII \nThe present Constitution shall be promulgated by the provisional Head of" + }, + { + "0":"State within five days of its approval by the Constituen t Assembly and shall com e \ninto force on 1 January 1948. \nThe text of the Constitution shall be deposited in the Town Hall of every" + }, + { + "0":"Municipality of the Republic and there exhibited, for the whole of 1948, so as to \nallow every citizen to know of it. The Const itution, bearing the seal of the State, shall be included in the" + }, + { + "0":"Official Records of the la ws and decrees of the Republic. \nThe Constitution must be faithfully observed as the fundamental law of the \nRepublic by all ci tizens and bodies of the State." + }, + { + "0":"Given in Rome on the 27th of December 1947 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nCONSTITUTIONAL COURT OF THE ITALIAN REPUBLIC \nPIAZZA DEL QUIRINALE , 41 \n00187 – ROME" + } +] \ No newline at end of file