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ITALY CONSTITUTION
{ Adopted on: 22 Dec
1947 }
{ Effective since: 1 Jan 1948 }
{ ICL Document Status: 23 May 2003 }
{
Editor's Note:
The first ICL edition has been based on a translation provided by the Italian
Embassy in London. Thanks to Prof. Carlo Fusaro and the help of Dr Federico Signorini
and Dr Ignazio Castellucci, we have since replaced the former ICL edition
with a new translation. The new text takes into consideration the translation
of the 1948 version provided by the Italian Embassy in London, the
translation of the 1990 version by C. Neenan published by the House of Representatives
in Rome, and the translation of amendments by Bernard DeLury, published in
1994 by Oceana Publications. However, the ICL edition is a new translation
and not based on any of those documents. It follows the specific
standards of ICL documents: all terms are in American rather than British
english (i.e., councilor, defense, favor, fulfill, harbor, labor,
misdemeanor, organization), paragraphs are numbered and articles carry a
descriptive titel for easier identification within the table of contents.
Furthermore, some technical terms ('House of Representatives' for the Chamber
of deputies, 'Senate' for Senate of the Republic, 'President' for President
of the Republic, 'Prime Minister' for President of the Council of Ministers,
'Regional Cabinet' for Junta, 'Justices' for Judges of the Constitutional
Court) are harmonized between the constitutions of different countries to
facilitate easier comparisons once the ICL search engine is running again.
The ICL edition has been consolidated up to and including all amendments
until the status date (above). Transitory and final provisions have not been
included into this translation. Most recent changes include Art. 51 (1), 56
(2)-(4), 57 (1) (2) (3) & (4), 114 through 132. However, please note the
following rules regarding the application of specific provisions:
(a) According to Art. 10 of the Constitutional law of 18 October 2001, no. 3,
the provisions of the newly amended Title V of the Constitution also applies
to the five Regions with special Statutes adopted by constitutional law, as
long as these provisions provide for wider powers than those which have been
assigned to them until now.
(b) According to Art. 11 of the Constitutional law of 18 October 2001, no. 3,
the Chambers have to change their respective Standing Orders to allow
representatives from the Regions and the other local public bodies to take
part in the proceedings of the Parliamentary Commission for regional affairs,
whenever it discusses bills that contain "fundamental principles"
pertaining to concurrent legislative powers, as laid down in Article 117 (3),
or exercise financial autonomy, as laid down in Article 119. }
[Part
0] Fundamental Principles
Article 1 [Form of
State]
(1) Italy is a democratic republic based on labor.
(2) The sovereignty belongs to the people who exercise it in the forms and
limits of the constitution.
Article 2 [Human
Rights]
The republic recognizes and guarantees the inviolable human rights, be it as
an individual or in social groups expressing their personality, and it
ensures the performance of the unalterable duty to political, economic, and
social solidarity.
Article 3 [Equality]
(1) All citizens have equal social status and are equal before the law,
without regard to their sex, race, language, religion, political opinions,
and personal or social conditions.
(2) It is the duty of the republic to remove all economic and social
obstacles that, by limiting the freedom and equality of citizens,
prevent full individual development and the participation of all workers in
the political, economic, and social organization of the country.
Article 4 [Work]
(1) The republic recognizes the right of all citizens to work and promotes
conditions to fulfill this right.
(2) According to capability and choice, every citizen has the duty to
undertake an activity or a function that will contribute to the material and
moral progress of society.
Article 5 [Local
Autonomy]
The republic, one and indivisible, recognizes and promotes local autonomy; it
fully applies administrative decentralization of state services and adopts
principles and methods of legislation meeting the requirements of autonomy
and decentralization.
Article 6 [Linguistic
Minorities]
The republic protects linguistic minorities by special laws.
Article 7 [Relation
between State and Church]
(1) State and catholic church are, each within their own reign, independent
and sovereign.
(2) Their relationship is regulated by the lateran pacts. Amendments to these
pacts which are accepted by both parties do not require the procedure of
constitutional amendments.
Article 8 [Religion]
(1) Religious denominations are equally free before the law.
(2) Denominations other than catholicism have the right to organize
themselves according to their own by-laws, provided they do not conflict with
the italian legal system.
(3) Their relationship with the state is regulated by law, based on
agreements with their representatives.
Article 9 [Research and
Culture]
(1) The republic promotes cultural development and scientific and technical
research.
(2) It safeguards natural beauty and the historical and artistic heritage of
the nation.
Article 10
[International Law]
(1) The legal system of italy conforms to the generally recognized principles of
international law.
(2) Legal regulation of the status of foreigners conforms to international
rules and treaties.
(3) Foreigners who are, in their own country, denied the actual exercise of
those democratic freedoms guaranteed by the italian constitution, are
entitled to the right to asylum under those conditions provided by law.
(4) Foreigners may not be extradited for political offences.
Article 11 [Repudiation
of War]
Italy repudiates war as an instrument offending the liberty of the peoples
and as a means for settling international disputes; it agrees to limitations
of sovereignty where they are necessary to allow for a legal system of peace
and justice between nations, provided the principle of reciprocity is
guaranteed; it promotes and encourages international organizations furthering
such ends.
Article 12 [Flag]
The flag of the republic is the italian tricolor: green, white, and red, in
three vertical bands of equal dimensions.
Part I Rights and
Duties of Citizens
Title I Civil Rights
Article 13 [Personal Liberty]
(1) Personal liberty is inviolable.
(2) No one may be detained, inspected, or searched nor otherwise restricted
in personal liberty except by order of the judiciary stating a reason and
only in such cases and in such manner as provided by law.
(3) As an exception, under the conditions of necessity and urgency strictly
defined by law, the police may take provisional measures that must be
reported within 48 hours to the judiciary and, if they are not ratified
within another 48 hours, are considered revoked and remain without effect.
(4) Acts of physical and moral violence against persons subjected to
restrictions of personal liberty are to be punished.
(5) The law establishes the maximum duration of preventive detention.
Article 14 [Personal Domicile]
(1) Personal domicile is inviolable.
(2) No one's domicile may be inspected, searched, or seized save in cases and
in the manner laid down by law conforming to the guarantee of personal
liberty.
(3) Verifications and inspections for public health and safety, or for
economic and fiscal purposes are defined by law.
Article 15 [Freedom of Correspondence]
(1) Liberty and secrecy of
correspondence and other forms of communication are inviolable.
(2) Limitations may only be imposed by judicial decision stating the reasons
and in accordance with guarantees defined by law.
Article 16 [Freedom of Movement]
(1) Every citizen has the right to reside and travel freely in any part of
the national territory except for limitations provided by general laws
protecting health or security. No restriction may be imposed for political
reasons.
(2) Every citizen is free to leave the territory of the republic and return
to it except for obligations defined by law.
Article 17 [Right of Assembly]
(1) All citizens have the right to assemble peaceably and unarmed.
(2) For meetings, including those held in places to which the general public
has access, no previous notice is required.
(3) For meetings held in public places previous notice must be given to the
authorities, who may prohibit them only on the ground of proven risks to
security or public safety.
Article 18 [Freedom of Association]
(1) Citizens have the right freely and without authorization to form
associations for those aims not forbidden by criminal law.
(2) Secret associations and associations pursuing political aims by military
organization, even if only indirectly, are forbidden.
Article 19 [Freedom of Religion]
Everyone is entitled to freely profess religious beliefs in any
form, individually or with others, to promote them, and to celebrate rites in
public or in private, provided they are not offensive to public morality.
Article 20 [Religious Associations]
For associations or institutions, their religious character or religious or
confessional aims do not justify special limitations or fiscal burdens
regarding their establishment, legal capacity, or activities.
Article 21 [Freedom of Communication]
(1) Everyone has the right to freely express thoughts in speech, writing, and
by other communication.
(2) The press may not be controlled by authorization or submitted
to censorship.
(3) Seizure is permitted only by judicial order stating the reason and only
for offences expressly determined by the press law or for violation of the
obligation to identify the persons responsible for such offences.
(4) In cases of absolute urgency where immediate judicial intervention is
impossible, periodicals may be seized by the judicial police, who must
immediately and in no case later than 24 hours report the matter to the
judiciary. If the measure is not validated by the judiciary within another 24
hours, it is considered revoked and has no effect.
(5) The law may, by general provision, order the disclosure of financial
sources of periodical publications.
(6) Publications, performances, and other exhibits offensive to public
morality are prohibited. Measures of prevention and repression against
violations are provided by law.
Article 22 [Citizenship and Name]
Nobody may be deprived of legal capacity, citizenship, or name for political
reasons.
Article 23 [Personal Services]
Nobody may be forced to perform personal service or payment without legal
provision.
Article 24 [Right to be Heard in Court]
(1) Everyone may bring cases before a court of law in order to protect their
rights under civil and administrative law.
(2) Defense is an inviolable right at every stage and instance of legal
proceedings.
(3) The poor are entitled by law to proper means for action or defense in all
courts.
(4) The law defines the conditions and forms for reparation in the case of
judicial errors.
Article 25 [Defendant's Rights]
(1) No case may be removed from a court, but must be heard as provided by
law.
(2) No punishment is allowed except provided by a law already in force when
the offence has been committed.
(3) Security measures against persons are only allowed as provided by law.
Article 26 [Extradition]
(1) A citizen may be extradited only as expressly provided by international
conventions.
(2) In any case, extradition may not be permitted for political offences.
Article 27 [Rights of the Accused]
(1) Criminal responsibility is personal.
(2) The defendant may not be considered guilty until sentenced.
(3) Punishments may not contradict humanity and must aim at re-educating the
convicted.
(4) Death penalty is prohibited except by military law in time of war.
Article 28 [Responsibility of Public Officials]
State officials and employees of other public bodies are directly responsible
under criminal, civil, and administrative law for acts committed in violation
of rights. Civil liability extends to the state and public bodies.
Title II Ethical and Social Relations
Article 29 [Marriage]
(1) The familty is recognized by the republic as a natural association
founded on marriage.
(2) Marriage entails moral and legal equality of the spouses within legally
defined limits to protect the unity of the family.
Article 30 [Parental Duties
and Rights]
(1) Parents have the duty and right to support, instruct, and educate their
children, including those born out of wedlock.
(2) The law provides for the fulfillment of those duties should the parents
prove incapable.
(3) Full legal and social protection for children born out of wedlock is
guaranteed by law, consistent with the rights of other family members.
(4) Rules and limits to determine paternity are set by law.
Article 31 [Family]
(1) The republic furthers family formation and the fulfillment of related
tasks by means of economic and other provisions with special regard to large
families.
(2) The republic protects maternity, infancy, and youth; it supports and
encourages institutions needed for this purpose.
Article 32 [Health]
(1) The republic protects individual health as a basic right and in the
public interest; it provides free medical care to the poor.
(2) Nobody may be forcefully submitted to medical treatment except as
regulated by law. That law may in no case violate the limits imposed by the
respect for the human being.
Article 33 [Freedom of Arts,
Science and Teaching]
(1) The arts and sciences as well as their teaching are free.
(2) The republic adopts general norms for education and establishes public
schools of all kinds and grades
(3) Public and private bodies have the right to establish schools and
educational institutes without financial obligations to the state.
(4) The law defining rights and obligations of those private schools
requesting recognition has to guarantee full liberty to them and equal
treatment with pupils of public schools.
(5) Exams are defined for admission to various types and grades of schools,
as final course exams, and for professional qualification.
(6) Institutions of higher learning, universities, and academies have the
autonomy to establish by-laws within the limits of state law.
Article 34 [Education]
(1) Schools are open to everyone.
(2) Primary education, given for at least eight years, is compulsory and free
of tuition.
(3) Pupils of ability and merit, even if lacking financial resources, have
the right to attain the highest grades of studies.
(4) The republic furthers the realization of this right by scholarships,
allowances to families, and other provisions, to be assigned through
competitive examinations.
Title III Economic Relations
Article
35 [Labor]
(1) The republic protects labor in all its forms.
(2) It provides for the training and professional enhancement of workers.
(3) It promotes and encourages international treaties and institutions aiming
to assert and regulate labor rights.
(4) It recognizes the freedom to emigrate, except for legal limitations for
the common good, and protects italian labor abroad.
Article
36 [Wages]
(1) Workers are entitled to remuneration commensurate with the quantity and
quality of their work, and in any case sufficient to ensure to them and their
families a free and honorable existence.
(2) The law establishes limits to the length of the working day.
(3) Workers are entitled to a weekly day of rest and to annual paid holidays;
they cannot relinquish this right.
Article
37 [Equality of Women at Work]
(1) Working women are entitled to equal rights and, for comparable jobs,
equal pay as men. Working conditions habe to be such as to allow women to
fulfill their essential family duties and ensure an adequate protection of
mothers and children.
(2) The law defines a minimal age for paid labor.
(3) The republic establishes special measures protecting juvenile labor and
guarantees equal pay for comparable work.
Article
38 [Welfare]
(1) All citizens unable to work and lacking the resources necessary for their
existence are entitled to private and social assistance.
(2) Workers are entitled to adequate insurance for their needs in case of
accident, illness, disability, old age, and involuntary unemployment.
(3) Disabled and handicapped persons are entitled to education and vocational
training.
(4) These responsibilities are entrusted to public bodies and institutions
established or supplemented by the state.
(5) Private welfare work is free.
Article
39 [Trade Unions]
(1) The organization of trade unions is free.
(2) No obligation may be imposed on trade unions except the duty to register
at local or central offices as provided by law.
(3) Trade unions are only registered on condition that their by-laws lead to
internal organization of democratic character.
(4) Registered trade unions are legal persons. Being represented in
proportion to their registered members, they may jointly enter into
collective labor contracts which are mandatory for all who belong to the
respective industry of these contracts.
Article
40 [Right to Strike]
The right to strike is exercised according to the law.
Article
41 [Freedom of Enterprise]
(1) Private economic enterprise is free.
(2) It may not be carried out against the common good or in a way that may
harm public security, liberty, or human dignity.
(3) The law determines appropriate planning and controls so that
public and private economic activities may be directed and coordinated
towards social ends.
Article
42 [Property]
(1) Property is public or private. Economic goods may belong to the
state, to public bodies, or to private persons.
(2) Private ownership is recognized and guaranteed by laws determining the
manner of acquisition and enjoymend and its limits, in order to ensure its
social function and to make it accessible to all.
(3) Private property, in cases determined by law and with compensation, may
be expropriated for reasons of common interest.
(4) The law establishes the rules of legitimate and testamentary succession
and its limits and the state's right to the heritage.
Article
43 [Expropriation]
To the end of the general good, the law may reserve establishment or
transfer, by expropriation with compensation, to the state, public bodies, or
workers or consumer communities, specific enterprises or categories of
enterprises of primary common interest for essential public services or
energy sources, or act as monopolies in the preeminate public interest.
Article
44 [Land]
(1) For the purpose of ensuring rational utilization of land and establishing
equitable social relations, the law imposes obligations on and limitations to
private ownership of land, defines its limits depending on the regions and
the various agricultural areas, encourages and imposes land cultivation,
transformation of large estates, and the reorganization of productive units;
it assists small and medium sized farms.
(2) The law favors mountainous areas.
Article
45 [Cooperatives and Handicrafts]
(1) The republic recognizes the social function of cooperation for mutual
benefit free of private speculation. The law promotes and encourages its
implementation with suitable provisions and ensures its character and
purposes through proper controls.
(2) The law protects and promotes the development of handicrafts.
Article
46 [Workers' Participation]
In order to achieve the economic and social enhancement of labor and in
accordance with the requirements of production, the republic recognizes the
right of workers to collaborate, within the forms and limits defined by law,
in the management of companies.
Article
47 [Savings]
(1) The republic encourages and protects savings in all its forms, regulates,
coordinates and controls the provision of credit.
(2) It favors access savings for the purchase of homes, for worker-owned
farms, and for direct or indirect investment in shares of the country's large
productive enterprises.
Title
IV Political Rights
Article 48 [Voting Rights]
(1) All citizens, men or women, who have attained their majority are entitled
to vote.
(2) Voting is personal, equal, free, and secret. Its exercise is a
civic duty.
(3) The law defines the conditions under which the citizens residing abroad
effectively exercise their electoral right. To this end, a constituency of
italians abroad is established for the election of the Chambers, to which a
fixed number of seats is assigned by constitutional law in accordance with
criteria determined by law.
(4) The right to vote may not be limited except for incapacity, as a
consequence of an irrevocable criminal sentence, or in cases of moral
unworthiness established by law.
Article 49 [Political Parties]
All citizens have the right to freely associate in political parties in order
to contribute by democratic methods to determine national policy.
Article 50 [Petitions]
All citizens may address petitions to the Chambers demanding legislative
measures or presenting general needs.
Article 51 [Public Offices]
(1) Citizens of one or the other sex are eligible for public office and for
elective positions under equal conditions, according to the rules established
by law. To this end, the republic adopts specific measures in order to
promote equal chances for men and women.
(2) The law may, regarding their right to be selected for public positions
and elective offices, grant to those italians who do not belong to the
republic the same opportunities as citizens.
(3) Anyone elected to public office is entitled to the time necessary for the
fulfillment of the respective duties while keeping his or her job.
Article 52 [Military Service]
(1) The defense of the fatherland is the sacred duty of every citizen.
(2) Military service is compulsory within the limits and under the
terms of the law. The fulfillment of military duties may not prejudice a
citizen's position as an employee, nor the exercise of his political rights.
(3) The rules about armed forces must conform to the democratic spirit of the
republic.
Article 53 [Taxation]
(1) Everyone has to contribute to public expenditure in proportion to their
capacity.
(2) The tax system has to conform to the principle of progression.
Article 54 [Loyalty to the Constitution]
(1) All citizens have the duty to be loyal to the republic and to observe the
constitution and the laws.
(2) Citizens entrusted with public functions must perform them with
discipline and honor, and take an oath of office where required by law.
Part II Organization of the Republic
Title I Parliament
Section
I The Two Chambers
Article 55 [Parliament]
(1) The parliament consists of the House of Representatives and the
senate.
(2) The parliament holds joint session only in cases defined by the
constitution.
Article 56 [The House of Representatives]
(1) The house of representatives is elected by universal and direct suffrage.
(2) The number of representatives is six hundred and thirty, of which twelve
are elected by the constituency of italians abroad.
(3) Eligible are voters who have reached the age of twenty-five on election
day.
(4) Having set aside the seats assigned to the constituency of italians
abroad, the distribution of seats among the constituencies is calculated by
dividing the population of the last general census by six hundred and
eighteen, and distributing the seats in proportion to the population of each
constituency, based on the quotients and the largest remainders.
Article 57 [The Senate]
(1) The senate is elected on a regional basis except for the seats assigned
to the constituency of italians abroad.
(2) Three hundred and fifteen senators are elected, of which six are elected by
the constituency of italians abroad.
(3) No Region shall have fewer than seven senators; Molise has two senators and the Aosta Valley one.
(4) Having set aside the seats assigned to the constituency of italiens
abroad, the distribution of seats among the regions is calculated
proportionally to the population of the last general census, based on the
quotients and the largest remainders.
Article 58 [Elections for the Senate]
(1) Senators are elected universally and directly by voters older than
twenty-five years.
(2) Voters older than forty years are eligible to the senate.
Article 59 [Senators for Life]
(1) Anyone who was president of the republic is a senator for life unless
waiving this privilege.
(2) The president may appoint as senators for life five citizens who have
brought honor to the nation through their exceptional accomplishments in the
social, scientific, artistic, and literary fields.
Article 60 [Term]
(1) The house of representatives and the senate are elected for five years.
(2) The term of each chamber may not be extended except by law and only in
the case of war.
Article 61 [Reelections]
(1) The reelection of new chambers must take place within seventy days from
the dissolution of the previous ones. The first session has to be take place
no later than twenty days after elections.
(2) The previous chambers retain their powers until the new chambers meet.
Article 62 [Sessions]
(1) Sessions commence on the first days of february and october that are no
holidays.
(2) Each chamber may be summoned in extraordinary session on the initiative
of its speaker, the president of the republic, or of one third of its
members.
(3) If a chamber is summoned for an extraordinary session, the other chamber
also convenes.
Article 63 [Speaker]
(1) Each chamber elect a speaker and members of the speaker's office from
among its members.
(2) The speaker and the speaker's office of the house of representatives
preside when the parliament convenes in joint session.
Article 64 [Rules of Procedures]
(1) Each Chamber adopt its rules of procedure by a majority of its members.
(2) Sessions are public, but the chambers or the parliament in joint session
may decide to sit in private.
(3) Decisions of the chambers and of the parliament require the presence of a
majority of the members and the consent of a majority of those present,
notwichtstanding special majorities required by the constitution.
(4) Government members, even if not members of the chambers, have the right
to attend sessions and are required to be present if summoned. They have to
be heard on their request.
Article 65 [Ineligibility and Incompatibility]
(1) Conditions of ineligibility or incompatibility with the office of deputy
or senator are defined by law.
(2) Nobody may be a member of both chambers at the same time.
Article 66 [Qualifications for Admission]
Each chamber decide about the electoral admissibility of its members and
about instances of ineligibility and incompatibility.
Article 67 [Free mandate]
Members of parliament represent the nation; they are free from imperative
mandate.
Article 68 [Indemnity, Immunity]
(1) Members of parliament may not be called to answer for opinions expressed
or votes cast in the exercise of their office.
(2) Members of parliament may not be subjected to searches of their person or
homeshall without prior authorization by their chamber, nor arrested or
otherwise deprived of personal freedom, nor kept in a state of detention,
except on an irrevocable conviction or caught in the act of a crime for which
arrest is mandatory.
(3) The same authorization is required to subject members of parliament to
any form of interception of their conversations or communications, and in
order to seize their mail or correspondence.
Article 69 [Allowance]
Members of parliament receive an allowance defined by law.
Section II Lawmaking
Article
70 [Legislative Power]
Legislative power is exercised jointly by the chambers.
Article
71 [Initiative]
(1) The right to initiatives belongs to the government, to each member of the
chambers, and to those organs and bodies assigned by constitutional law.
(2) The people may introduce public initiatives consisting of a bill drafted
in articles and supported by at least 50,000 voters.
Article
72 [Legislative Proceedings]
(1) Every bill introduced to one of the chambers is first examined by a
committee as defined by the rules of procedures and then adopted by the
chamber article by article and with a final vote.
(2) The rules of procedure establish an abbreviated procedure for bills
declared urgent.
(3) They may also establish when and how the examination and approval of
bills may be delegated to committees, including standing committees, composed
in a way reflecting the relative size of groups in parliament. In such cases,
a bill must be submitted to the full chamber if the government, one-tenth of
the chamber's members, or one-fifth of the committee so demand, or it must be
submitted to the committee for a final vote preceded only by statements of
vote. The rules of procedure define the manner in which the committees'
deliberation is made public.
(4) The ordinary procedure for the deliberation and decisionmaking by each
chamber has to be followed for bills on constitutional or electoral matter
and for those delegating legislative power or authorizing the ratification of
international treaties or approving the budgets and the final balance.
Article
73 [Promulgation]
(1) Laws are promulgated by the president within a month after having been
adopted.
(2) If each chamber declares a bill urgent with a majority of its members, it
has to be promulgated within the time set in the bill.
(3) Laws have to be published immediately after they were promulgated; they
enter into force on the fifteenth day after their publication unless the laws
establish a different time.
Article
74 [Request for New Deliberation]
(1) Before promulgation, the president may ask for further deliberation by
message to the chambers giving the reasons for such request.
(2) The law has to be promulgated if the chambers adopt the bill once more.
Article
75 [Referendum]
(1) When requested by 500,000 voters or by five regional councils, a popular
referendum decides on total or partial repeal of a law or other acts with
legal force.
(2) No such referenda are allowed for tax or budget laws, amnesties, pardons,
or ratification of international treaties.
(3) Citizens entitled to vote for the house of representatives may also
participate in a referendum.
(4) The referendum succeeds if a majority of those eligible have participated
and if the proposal has received a majority of the valid votes.
(5) The law establishes procedures for referenda.
Article
76 [Delegation of Legislative Power]
Legislative power may not be delegated to the government unless parliament
specifies principles and criteria of guidance, and only for limited time and
well-specified subjects.
Article
77 [Law Decrees]
(1) The government may not issue decrees with the force of law unless
empowered by a proper delegation of the chambers.
(2) As an exception by necessity and urgency, government may issue
provisional measures with the force of law and submits them on the same day
to the chambers for confirmation; if the chambers are not in session, they
have to be summoned for that purpose within five days.
(3) Legal decrees lose effect at the date of issue if they are not confirmed
within sixty days of their publication. However, chambers may sanction rights
and obligations arising out of decrees are not confirmed.
Article
78 [State of War]
Chambers are competent to declare war and assign the necessary powers to
government.
Article
79 [Amnesty and Pardon]
(1) Amnesties and pardons may be granted by a law which must be adopted both
article by article and in its entirety by two thirds of the members of each
chamber.
(2) A law granting amnesty or pardon has to establish time limits for its
enforcement.
(3) In no instance may amnesty or pardon be extended to offences committed
after the bill has been introduced.
Article
80 [Ratification of Treaties]
Chambers ratify by law international treaties which are of political nature,
provide for arbitration or judicial regulation, imply modifications of the
territory, impose financial burdens, or result in modifications of the laws.
Article
81 [Budgets]
(1) For each year, chambers are voting the budget and final balance
submitted by the government.
(2) Temporary execution of the budget may not be granted except by law and
for periods of no more than four months altogether.
(3) In the budget law, no new taxes or expenditures may be adopted.
(4) All other laws implying new or additional expenditures must define the
means to cover them.
Article
82 [Inquiries]
(1) A chamber may start inquiries into matters of public interest.
(2) It therefore appoints a committee composed of its members in proportion
to the size of the groups in parliament. The committee of enquiry
investigates and examines the matters carrying the same powers and
limitations as the judiciary.
Title II The
President of the Republic
Article 83 [Election of the President]
(1) The president is elected in joint session of parliament.
(2) Three delegates from every region, elected by the regional councils in a
way guaranteeing minority representation, participate in the election. The
Aosta Valley is represented by one delegate.
(3) Presidential elections, conducted by secret ballot, require a two-thirds
majority of the assembly. After the third ballot a majority of the members is
sufficient.
Article 84 [Eligibility, Incompatibility,
Allowance]
(1) Any citizen over fifty years enjoying civil and political rights is
eligible for president.
(2) The presidency is incompatible with any other office.
(3) Remunerations and endowments of the president are defined by law.
Article 85 [Presidential Term]
(1) The presidential term is seven years.
(2) For the election of a new president, the speaker of the house of
representatives summons parliament in joint session with regional delegates
thirty days before the end of term.
(3) If the parliament is dissolved within three months of end of term, the
new chambers elect the president within fifteen days of their first meeting.
Meanwhile, the former president continues to be in power.
Article 86 [Substitute of the President]
(1) If the president is unable to perform his duties, they are carried out by
the speaker of the senate.
(2) In the case of permanent inability, death, or resignation of the
president, the speaker of the house of representatives calls presidential
elections within fifteen days unless more time is needed because the chambers
are dissolved or their term is expiring within three months.
Article 87 [Presidential Duties]
(1) The president is head of state and represents the unity of the nation.
(2) The president may send messages to parliament.
(3) He calls parliamentary elections and sets the date of their first
meeting.
(4) He authorizes the government's legislative initiatives.
(5) He promulgates laws and issues decrees with the force of law as well as
government regulations.
(6) He call a referendum when provided for by the constitution.
(7) He appoints state officials as provided by the laws.
(8) He accredits and receives diplomatic representatives, ratifies
international treaties once they are authorized by parliament, provided
parliamentary approval is necessary.
(9) He is the commander of the armed forces and chairman of the supreme
defense council constituted by law; he declares war according to the decision
of the parliament.
(10) He chairs the superior council of the judiciary.
(11) He has the power to grant pardons and commute punishments.
(12) He confers the honors of the republic.
Article 88 [Dissolution of the Chambers]
(1) The president may dissolve one or both chambers after having consulted
their speakers.
(2) He may not exercise this power during the last six months of his term,
provided this period does not coincide partly or entirely with the last six
months of the term of chambers.
Article 89 [Countersignature]
(1) Acts of the president are void unless countersigned by the ministers who
are responsible for and submitting it.
(2) Acts with the force of law and other acts as defined by law also need to
be countersigned by the prime minister.
Article 90 [Presidential Indemnity]
(1) The president may not be held responsible for exercising his duties,
except for high treason and attempts to overthrow the constitution.
(2) In these cases, he must be impeached by parliament in joint session by a
majority of its members.
Article 91 [Oath of Loyalty]
The president, prior to taking office, has to swear before parliament in
joint session an oath of allegiance to the republic and the constitution.
Title III The Government
Section I The
Council of Ministers
Article
92 [Executive Power]
(1) The government of the republic consists of the prime minister
and the ministers jointly constituting the council of ministers.
(2) The president appoints the prime minister and, on his advice, the
ministers.
Article
93 [Oath]
The prime minister and the ministers, prior to taking office, are sworn in by
the president.
Article
94 [Vote of Confidence]
(1) Government has to enjoy the confidence of both chambers.
(2) Confidence is granted or withdrawn by each chamber on a reasoned motion
by vote using a roll-call.
(3) The government has to appear before each chamber no later than ten days
after its appointment to get a vote of confidence.
(4) The rejection of a government proposal by a chamber does not force
government resignation.
(5) The request for a vote of no-confidence requires the signatures of at
least one-tenth of the members of either chamber and is not debated until
three days after it has been filed.
Article
95 [Responsibilities]
(1) The prime minister conducts and is responsible for the general policy of
the government. He ensures the unity of general political and administrative
policies, promoting and coordinating the activities of the ministers.
(2) The ministers are jointly responsible for decisions of the council of
ministers and individually for those of their ministries.
(3) Rules concerning the role of the prime minister and the number,
responsibilities and organization of the ministries are determined by law.
Article
96 [Ministerial Offences]
The prime minister and ministers, even if no longer in office, are subject to
ordinary courts for offences committed in the exercise of their duties only
in those cases authorized by the senate or the house of representatives
according to procedures defined by constitutional law.
Section II
Public Administration
Article
97 [Public Offices]
(1) The organization of public offices is determined by law ensuring the
proper and fair operation of public affairs.
(2) Areas of competence, duties, and responsibilities of public officials
must be defined in regulations on public offices.
(3) Appointments for public administration are determinde by public
competition unless otherwise specified by law.
Article
98 [Independence of Officials]
(1) The duty of public officials is only to service the Nation.
(2) Officials who are members of parliament may not be promoted except for
seniority.
(3) The right to become a registered member of political parties may be
limited by law for members of the judiciary, professional members of the
armed forces on active duty, police officials and officers, and diplomatic
and consular representatives abroad.
Section
III Auxiliary Institutions
Article
99 [National Council of Economy and Labor]
(1) As defined by law, the national council of economy and labor is composed
of experts and representatives of several trades considering their
quantitative and qualitative importance.
(2) The council offers advice to parliament and government for matters and
purposes defined by law.
(3) The council has the right to initiate legislation and to contribute to
economic and social laws following the principles and observing the limits
defined by law.
Article
100 [Council of State]
(1) The council of state gives advice on legal-administrative matters and
ensures justice in the operation of the public administration.
(2) The office of the state auditor exercises preventive control of the
government and subsequent control of the state budget. It participates, in
the cases and forms defined by law, in the fiscal control of those bodies to
which the state normally contributes. It reports the results of its audits
directly to the chambers.
(3) The law ensures the independence of these two institutions and their
members from government interference.
Title IV The
Judiciary
Section I Organization of the Judiciary
Article 101 [Administration
of Justice]
(1) The justice is administered in the name of the people.
(2) Judges are only subject to the law.
Article 102 [Judges]
(1) Judicial functions are exclusively exercised by ordinary courts regulated
by norms about the organization of the judiciary.
(2) There may not exist extraordinary or special judges. Only specialized
sections for specific matters may be established within the ordinary courts;
qualified citizens who are not members of the judiciary may take part.
(3) The law regulates the cases and forms of direct participation of the
people in the administration of justice.
Article 103 [Council of
State, Court of Accounts, Military Tribunals]
(1) The council of state and other administrative courts have jurisdiction
over lawful claims under administrative law and over civil-law claims against
the public administration in matters defined by law.
(2) The court of accounts has jurisdiction over public accounts and other
matters specified by law.
(3) Military courts in time of war have jurisdiction according to the law. In
time of peace they only have jurisdiction over military offences committed by
members of the armed forces.
Article 104 [Independent
Judiciary, Superior Council of the Judiciary]
(1) The judiciary constitutes an autonomous and independent branch of
government not subject to any other.
(2) The superior council of the judiciary is chaired by the president.
(3) The first president and the general public prosecutor of the court of
cassation are members by law.
(4) Other members are elected with two-thirds majority by all ordinary judges
belonging to the different categories, and one-third by parliament in joint
session, from among full professors of law and lawyers with at least fifteen
years of practice.
(5) The council elects a vice-chairman from among the members designated by
parliament.
(6) The elected members have a term of for four years and may not be
immediately re-elected.
(7) They are not allowed, while in office, to be registered as members of the
legal profession, nor become members of parliament or of a regional council.
Article 105 [Powers of the
Superior Council]
The superior council of the judiciary, as defined by organizational law, has
the exclusive competence to appoint, assign, move, promote, and discipline
members of the judiciary.
Article 106 [Appointment of
Members of the Judiciary]
(1) Appointment to the judiciary is based on competitive examinations.
(2) The law on the organization of the judiciary may provide for honorary
magistrates, possibly by election, to perform the duties of single judges.
(3) By proposal of the superior council of the judiciary, full professors of
law as well as lawyers with at least fifteen years practice and registered
for practice in higher courts, may be appointed to the court of cassation for
exceptional merits.
Article 107 [Disciplinary
Action]
(1) Members of the judiciary may not be removed from office. They may not be
dismissed, suspended, or moved to other jurisdictions or functions except
either by decision of the superior council of the judiciary for reasons and
with opportunity of defense as defined by the organizational law, or by their
own consent.
(2) The minister of justice may initiate disciplinary action.
(3) Judges may only be distinguished by function.
(4) The public prosecutor enjoys the guarantees defined by the organizational
law.
Article 108 [Laws on the
Organization of the Judiciary]
(1) The organization of the judiciary and every judicial authority are
defined by law.
(2) The law has to protect the independence of judges, of special
courts, of the public prosecutors attached to them, and of all those not
belonging to the judiciary who participate in the administration of justice.
Article 109 [Judicial Police]
The judiciary directly commands the judicial police.
Article 110 [Minister of
Justice]
Notwithstanding the powers of the superior council of the judiciary,
organization and operation of the administration of justice are vested in the
minister of justice.
Section II Rules on Jurisdiction
Article 111 [Legal
Proceedings]
(1) Justice must be administered by fair trials defined by law.
(2) Trials are based on equal confrontation of the parties before an
independent and impartial judge. The law has to define reasonable time limits
for the proceedings.
(3) In criminal trials, the law provides for timely and confidential
information of the accused regarding the nature and reasons of charges
brought against them; they are granted the time and means for their defense;
they have the right to question those who testify against them or to have
them questioned; those who may testify in favor of the accused must be
summoned and examined under the same conditions granted to the prosecution;
any evidence in favor of the accused must be acknowledged; the accused may
rely on the help of an interpreter if they do not understand or speak the
language of the proceedings.
(4) In criminal trials, evidence may only be established according to the
principle of confrontation between parties. No defendant may be proven guilty
on the basis of testimony given by witnesses who freely and purposely avoided
cross-examination by the defense.
(5) The law defines in which cases evidence may be established without
confrontation between the parties, either by consent of the defendants or as
an effect of proven misdemeanor.
(6) Reasons must be stated for all judicial decisions.
(7) Aainst sentences and measures concerning personal freedom delivered by
the ordinary or special courts, appeals to the curt of cssation are
always allowed regarding violations of the law. These provisions may be
waived only in the case of sentences pronounced by military courts in time of
war.
(8) Against decisions of the council of state and of the court of accounts,
appeals to the court of cassation are only admissible for reasons of
jurisdiction.
Article 112 [Criminal
Proceedings]
The public prosecutor has the duty to initiate criminal proceedings.
Article 113 [Judicial Review]
(1) Against a decision taken by the public administration before an ordinary
or administrative court, legal action is always admissible to protect one's
own rights under civil or administrative law.
(2) Such judicial protection may not be excluded or limited to specific forms
of action or to specific categories of claims.
(3) The law defines which jurisdictional organs may annul decisions of the
public administration, in which cases and with which effects.
Title V Regions, Provinces,
Municipalities
Article 114 [Municipalities,
Provinces, Metropolitan Cities, Regions, State]
(1) The republic consists of municipalities, provinces, metropolitan cities,
regions, and the state.
(2) Municipalities, provinces, metropolitan cities, and regions are
autonomous entities with their own statutes, powers, and functions according
to the principles defined in the constitution.
(3) Rome is the capital of the republic. State law regulates its
legal status.
Article 115 [Regions]
{ abolished }
Article 116 [Special Forms of
Autonomy]
(1) According to their special statutes adopted by constitutional law,
particular forms and conditions of autonomy are enjoyed by Friuli-Venezia
Giulia, Sardinia, Sicily, Southern Trentino, and the Aosta Valley.
(2) The region Southern Trentino consists of the autonomous provinces Trento
and Bolzano.
(3) Upon the initiative of the region concerned, after consultation of local
administrations, state law may assign further particular forms and conditions
of autonomy to other regions according to the principles laid down in Art.
119; such forms and conditions shall concern the matters specified in Art. 117 (3) as well as the matters listed in paragraph 2
of the same article under the letters l) - with regard to the organization of
the offices of the justices of the peace only -, n), and s). The law, based
on an agreement between the state and the region concerned, needs the
approval of the chambers with a majority of their members.
Article 117 [State and
Regional Legislative Power]
(1) Legislative power belongs to the state and the regions in accordance with
the constitution and within the limits set by european union law and
international obligations.
(2) The state has exclusive legislative power in the following matters:
a) foreign policy and international relations of the state; relations of the
state with the european union; right of asylum and legal status of the
citizens of states not belonging to the european union;
b) immigration;
c) relations between the republic and religious denominations;
d) defense and armed forces; state security; weapons, ammunitions and
explosives;
e) money, protection of savings, financial markets; protection of
competition; currency system; state taxation system and accounting;
equalization of regional financial resources;
f) state organs and their electoral laws; state referenda; election of the
european parliament;
g) organization and administration of the state and of national public
bodies;
h) law, order and security, aside from the local administrative police;
i) citizenship, registry of personal status and registry of residence;
l) jurisdiction and procedural laws; civil and criminal law; administrative
tribunals;
m) determination of the basic standards of welfare related to those civil and
social rights that must be guaranteed in the entire national territory;
n) general rules on education;
o) social security;
p) electoral legislation, local government and fundamental functions of
municipalities, provinces and metropolitan cities;
q) customs, protection of national boundaries and international prophylactic
measures;
r) weights, units of measurement and time standards; coordination of the
informative, statistical and information-technology aspects of the data of
the state, regional and local administrations; intellectual property;
s) protection of the environment, of the ecosystem and of the cultural
heritage.
(3) The following matters are subject to concurrent legislation of both the
state and regions: international and european union relations of the regions;
foreign trade; protection and safety of labor; education, without
infringement of the autonomy of schools and other institutions, and with the
exception of vocational training; professions; scientific and technological
research and support for innovation in the productive sectors; health
protection; food; sports regulations; disaster relief service; land-use
regulation and planning; harbors and civil airports; major transportation and
navigation networks; regulation of media and communication; production,
transportation and national distribution of energy; complementary and
integrative pensions systems; harmonization of the budgetary rules of the
public sector and coordination of the public finance and the taxation system;
promotion of the environmental and cultural heritage, and promotion and
organization of cultural activities; savings banks, rural co-operative banks,
regional banks; regional institutions for credit to agriculture and land development.
In matters of concurrent legislation, the regions have legislative power
except for fundamental principles which are reserved to state law.
(4) The regions have exclusive legislative power with respect to any matters
not expressly reserved to state law.
(5) Regarding the matters that lie within their field of competence, the
regions and the autonomous provinces of Trento and Bolzano participate in any
decisions about the formation of community law. The regions and autonomous
provinces also provide for the implementation and execution of international
obligations and of the acts of the european union in observance of procedures
set by state law. state law establishes procedures for the state to act in
substitution of the regions whenever those should fail to fulfill their
responsibilities in this respect.
(6) The power to issue by-laws is vested in the state regarding all matters
where it has exclusive legislative power, insofar as it does not devolve such
power to the regions. The power to issue by-laws is vested in the regions in
any other matters. Municipalities, provinces and metropolitan cities have
regulatory power with respect to the organization and the fulfillment of the
functions assigned to them.
(7) Regional laws have to remove all obstacles which prevent the full
equality of men and women in social, cultural, and economic life, and promote
equal access of men and women to elective offices.
(8) Regional laws has to ratify agreements reached by a region with another
region aimed at the better exercise of their functions, including the
establishment of joint institutions.
(9) Within its field of competence the region may establish agreements with
foreign states and understandings with territorial entities that belong to a
foreign state, in the cases and forms provided for by state law.
Article 118 [Administrative
Functions]
(1) Administrative functions belong to the municipalities except when they
are conferred to provinces, metropolitan cities, regions, or the state in
order to guarantee uniform practice; the assignment is based on the
principles of subsidiarity, differentiation and adequacy.
(2) Municipalities, provinces and metropolitan cities have their own
administrative functions and, in addition, those conferred to them by the law
of the state or the region according to their respective fields of
competence.
(3) State law provides for forms of coordination between the state and the
regions in the matters referred to in letters b) and h) of Art. 117 (2); it also provides for forms of understanding
and coordination in the matter of the protection of the cultural heritage.
(4) State, regions, metropolitan cities, provinces and municipalities support
autonomous initiatives promoted by citizens, individually or in associations,
in order to carry out activities of general interest; this is based on the
principle of subsidiarity.
Article 119 [Financial
Autonomy]
(1) Municipalities, provinces, metropolitan cities and regions have financial
autonomy regarding revenues and expenditures.
(2) Municipalities, orovinces, metropolitan cities and regions have
autonomous resources. They establish and implement their own taxes and
revenues, in harmony with the constitution and in accordance with the
principles of coordination of the public finances and the taxation system.
They receive a share of the proceeds of state taxes related to their
territory.
(3) The law of the state establishes an equalization fund to the benefit of
areas where the fiscal capacity per inhabitant is reduced, with no
restrictions as to the allocation of its proceeds, (4) The funds deriving
from the sources mentioned in the previous paragraphs have to enable
municipalities, provinces, metropolitan cities and regions to finance in full
the functions attributed to them.
(5) In order to promote economic development, social cohesion, and
solidarity, to remove economic and social inequalities, to foster the actual
exercise of human rights, to pursue ends other than those pertaining to the
exercise of their ordinary functions, the state may allocate additional
resources or carry out special actions to the benefit of certain
municipalities, provinces, metropolitan cities and regions.
(6) Municipalities, provinces, metropolitan cities and regions have their own
assets, assigned to them according to general principles established by state
law. They may only contract loans in order to finance investment expenditure.
State guarantees on such loans are excluded.
Article 120 [Free Circulation
and Substitution Clause]
(1) Regions may not charge import or export duties, nor duties on transit
between regions, nor adopt provisions which may hinder in any way the free
movements of persons and goods between regions, nor limit the right to work
in any part of the national territory.
(2) The Government may act as a substitute for regional, metropolitan city,
provincial, or municipal authorities whenever those should violate
international rules or treaties or community law, whenever there is a serious
danger for the public safety and security, and whenever such substitution is
required in order to safeguard the legal or economic unity of the nation, and
particularly in order to safeguard the basic standards of welfare related to
civil and social rights, irrespective of the boundaries of the local
governments. The law defines appropriate procedures in order to guarantee
that substitution powers are exercised within the limits set by the
principles of subsidiarity and fair cooperation.
Article 121 [Regional Organs]
(1) Regional organs are: the regional council, the regional cabinet and its
president.
(2) The regional council exercises the legislative powers granted to the
region and all other functions conferred on it by the constitution and by
law. It may propose bills to the chambers.
(3) The regional cabinet is the executive authority of the region.
(4) The president of the regional cabinet represents the region; he conducts
and is responsible for the general policy of the regional cabinet; he
promulgates regional laws and regulations; he conducts the administrative
functions delegated to the region by the state in accordance with the
instructions of central government.
Article 122 [Regional Form of
Government]
(1) The electoral system, the cases of ineligibility and incompatibility of
the president and other members of the regional cabinet and the regional
council are defined by the laws of the region within the limits of the
fundamental principles determined by a state law also specifying the term of
elected organs.
(2) Nobody may be at the same time a member of a regional council or a
regional cabinet and of either chamber of parliament or of another regional
council or another regional cabinet or of the european parliament.
(3) The regional council elects from its own members a president and a
president's office.
(4) Regional councilors may not be made liable for opinions expressed or
votes cast in the exercise of their functions.
(5) The president of the regional cabinet, unless provided differently by
regional statute, is elected by universal and direct suffrage. The elected
president appoints and dismisses the members of the regional cabinet.
Article 123 [Regional
Statutes]
(1) Every Region must have a statute determining the form of government and
the fundamental principles of the organization and the functioning of the
region in accordance with the constitution. The statute defines the exercise
of initiative and of referendum on regional laws and regional administrative
decisions and the publication of regional laws and regulations.
(2) The statutes is adopted and amended by the regional council by a law
approved twice by a majority of its members; votes being taken within an
interval of no less than two months. This law must not be submitted to the
government's commissioner. Within thirty days of its publication, the central
government may challenge the constitutionality of a regional statute before
the constitutional court.
(3) The statute has to be submitted to a popular referendum when, within
three months of its publication, a request is made by one fiftieth of the
electors of the region or by one fifth of the members of the regional
council. The statute submitted to referendum may not be promulgated unless
approved by a majority of valid votes.
(4) The statute of every region has to provide for a council of local
governments, which function as a body for consultations between the region
and local authorities.
Article 124 [Government
Commissioner]
{ abolished }
Article 125 [Control of
Legitimacy]
{ abolished }
Article 126 [Dissolution of
the Regional Council and Dismissal of the president]
(1) By means of a decree of the president stating the reasons for it, the
dissolution of the regional council and the dismissal of the president of the
regional cabinet may be ordered when they have acted against the constitution
or when they have committed serious violations of the law. The dissolution
and the dismissal may also be ordered for reasons of national security. The
decree is adopted after consulting a commission for regional affairs composed
of senators and deputies and formed according to the law of the republic.
(2) The regional council may express its non-confidence in the president of
the cabinet by a motion for which reasons must be stated; it must be signed
by at least one fifth of its members, voted by roll-call, and approved by a
majority of its members. The motion may be debated no earlier than three days
after it has been filed.
(3) The vote of no-confidence against the president of the regional cabinet
elected by universal and direct suffrage, as well as the removal, the
permanent impediment, the death or the resignation of the president entail
the resignation of the cabinet and the dissolution of the council. The same consequences
follow from simultaneous resignation of a majority of the members of the
council.
Article 127
[Constitutionality of Law]
(1) Whenever the government regards a regional law as exceeding the powers of
the region, it may raise the question of its constitutionality before the
constitutional court within sixty days of the publication of the law.
(2) Whenever a region regards a state law, another act of the state having
the force of law, or a law of another region as infringing on its own sphere
of powers, it may raise the question of its constitutionality before the
constitutional court within sixty days of the publication of said law or act.
Article 128 [Provincial and
Municipal Autonomy]
{ abolished }
Article 129
[Decentralization]
{ abolished }
Article 130 [Legitimacy of
Provincial and Municipal Decisions]
{ abolished }
Article 131 [List of Regions]
The following regions are instituted: Piemonte; Aosta Valley; Lombardia;
Southern Trentino; Veneto; Friuli-Venezia Giulia; Liguria; Emilia-Romagna; Toscana;
Umbria; Marche; Lazio; Abruzzo; Molise; Campania; Puglia; Basilicata;
Calabria; Sicily; Sardinia.
Article 132 [Regional
Boundaries]
(1) By means of a constitutional act and after consulting the regional
councils, existing regions may be merged or new regions created, provided the
population of any new region is at least one million, when it is so requested
by as many municipal councils as represent at least one third of the
population involved, and when the proposal has been approved by the majority
of the involved population in a referendum.
(2) With the assent of a majority of the people of the province or provinces
concerned, and of the municipality or municipalities concerned, expressed by
means of a referendum, after consulting the regional council, a state law may
allow provinces and municipalities which request it to be detached from one
region and assigned to another.
Article 133 [Provincial and
Municipal Boundaries]
(1) Provincial boundaries may be changed and new provinces created within the
area of a region by laws of the republic following a request of
municipalities and after consulting the region.
(2) Each Region, after consulting the population involved, may within its own
territory and by its own acts establish new municipalities and modify their
boundaries and names.
Title VI Constitutional
Guarantees
Section I The Constitutional Court
Article 134 [Jurisdiction]
The constitutional court decides:
- disputes concerning the constitutionality of laws and acts with the force
of law adopted by state or regions;
- conflicts arising over the allocation of powers between branches of
government within the state, between the state and the regions, and between
regions;
- on accusations raised against the president in accordance with the constitution.
Article 135 [Composition]
(1) The constitutional court consists of fifteen justices; one third being
appointed by the president, one third by parliament in joint session, and one
third by ordinary and administrative supreme courts.
(2) Justices are chosen from among magistrates including those in retirement,
from among supreme ordinary and administrative courts, from among university
full professors of law, and from among lawyers with at least twenty years of
practice.
(3) Justices are appointed for nine years, their term beginning the day they
are sworn in and with no re-appointment.
(4) At the end of this term justices have to leave office and may no longer
exercise its functions.
(5) The court elects from among its members and according to rules
established by law its president who shall remain in office for three years
and may be re-elected, but not exceed the ordinary term of justices.
(6) The office of justice is incompatible with membership in parliament or in
a regional council, with the exercise of the legal profession, or with any
other position and office defined by law.
(7) When sitting to decide on a case of impeachment against the president,
the court consists of sixteen additional members, who are drawn by lot from a
list of citizens elected by parliament every nine years, from among those
possessing the qualifications for election to the senate, by the same
procedures as for the appointment of the ordinary justices.
Article 136 [Unconstitutional Laws]
(1) When the court declares a law or an act with the force of law
unconstitutional, the norm ceases to have effect from the day following the
publication of the decision.
(2) The decision of the court is published and reported to parliament and to
the regional councils involved for them to take appropriate measures in
constitutional forms where necessary.
Article 137 [Conditions and Terms]
(1) A constitutional law establishes the conditions, forms, and terms for
challenging the constitutionality of a law and guarantees the independence of
the justices.
(2) An ordinary law defines all other rules necessary for the establishment
and functioning of the court.
(3) Decisions of the constitutional court may not be appealed.
Section
II Amendments to the Constitution. Constitutional Laws
Article 138 [Procedure
for Constitutional Amendment]
(1) Law amending the constitution and other constitutional acts are adopted
by each of the two chambers twice within no less than three months and need
the approval of a majority of the members of each chamber in the second
voting.
(2) Such laws are afterwards submitted to popular referendum when, within
three months of their publication, a request is made by one fifth of the
members of either chamber, by 500,000 electors, or by five regional councils.
The law submitted to referendum is not promulgated if it does not receive the
majority of valid votes.
(3) No referendum may be held if the law has been approved by each chamber in
the second vote with a majority of two thirds of its members.
Article 139 [Limit to
Constitutional Amendments]
The republican form of the state may not be changed by way of constitutional
amendment.
© 1994 - 9. Jan.
2004 / Supervised by C. Fusaro.
For corrections please contact A.
Tschentscher
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