Constitution of the Italian Republic 1947

Constitution of the Italian Republic 1947

 

 

Index

 

Fundamental Principles

Part I: Rights and Duties of Citizens

• Title I: Civil rights and duties
• articolo:
  
  Title I - Art. 13 Title I - Art. 14 Title I - Art. 15 Title I - Art. 16 Title I - Art. 17 Title I - Art. 18 Title I - Art. 19 Title I - Art. 20 Title I - Art. 21 Title I - Art. 22 Title I - Art. 23 Title I - Art. 24 Title I - Art. 25 Title I - Art. 26 Title I - Art. 27 Title I - Art. 28

Title II: Ethical and Social Rights and Duties

• articolo:
  
  Title II - Art. 29 Title II - Art. 30 Title II - Art. 31 Title II - Art. 32 Title II - Art. 33 Title II - Art. 34

Titolo III - Economic Rights and Duties

• articolo:
  
  Title III - Art. 35 Title III - Art. 36 Title III - Art. 37 Title III - Art. 38 Title III - Art. 39 Title III - Art. 40 Title III - Art. 41 Title III - Art. 42 Title III - Art. 43 Title III - Art. 44 Title III - Art. 45 Title III - Art. 46 Title III - Art. 47

Titolo IV - Political Rights and Duties

• articolo:
  
  Title IV - Art. 48 Title IV - Art. 49 Title IV - Art. 50 Title IV - Art. 51 Title IV - Art. 52 Title IV - Art. 53 Title IV - Art. 54

 

Part II: Organisation of the Republic

• Title I: Il Parliament
• articolo:
  
  Section 1: The Houses Section II - Legislative process

Title II - The President of the Republic

• articolo:
  
  Title II - Art. 83 Title II - Art. 84 Title II - Art. 85 Title II - Art. 86 Title II - Art. 87 Title II - Art. 88 Title II - Art. 89 Title II - Art. 90 Title II - Art. 91

Titolo III: The Government

• articolo:
  
  Section I:The Council of Ministers Section II - Public Administration Section III - Auxiliary Bodies

Title IV: The Judical Branch

• articolo:
  
  Sezione I - The Organisation of the Judiciary Section II: Rules on Jurisdiction

Title V: Regions - Provinces - Municipalities

• articolo:
  
  Title V - Art. 114 Title V - Art. 115 Title V - Art. 116 Title V - Art. 117 Title V - Art. 118 Title V - Art. 119 Title V - Art. 120 Title V - Art. 121 Title V - Art. 122 Title V - Art. 123 Title V - Art. 124 Title V - Art. 125 Title V - Art. 126 Title V - Art. 127 Title V - Art. 128 Title V - Art. 129 Title V - Art. 130 Title V - Art. 131 Title V - Art. 132 Title V - Art. 133

Title VI - Constitutional Guarantes

• articolo:
  
  Section I: The Constitutional Court Section II: Amendments to the Constitution. Constitutional laws

 

Transitory and Final Provisions

The Constituent Assembly in the papers of the historical archive

 

Fundamental Principles

Articoli:

 

• Art. 1
• Art. 2
• Art. 3
• Art. 4
• Art. 5
• Art. 6
• Art. 7
• Art. 8
• Art. 9
• Art. 10
• Art. 11
• Art. 12

 

Art. 1

Italy is a Democratic Republic, founded on work.
Sovereignty belongs to the people and is exercised by the people
in the forms and within the limits of the Constitution.

 

Art. 2

The Republic recognises and guarantees the inviolable rights of
the person, as an individual and in the social groups where
human personality is expressed. The Republic expects that the
fundamental duties of political, economic and social solidarity be
fulfilled.

Art. 3

All citizens have equal social dignity and are equal before the law, without distinction of sex, race, language, religion, political
opinion, personal and social conditions.
It is the duty of the Republic to remove those obstacles of an
economic or social nature which constrain the
freedom and equality of citizens, thereby impeding the full development of the
human person and the effective participation of all workers in the political, economic and social organisation of the country

 

Art. 4

The Republic recognises the right of all citizens to work and promotes those conditions which render this right effective.
Every citizen has the duty, according to personal potential and individual choice, to perform an activity or a function that contributes to the material or spiritual progress of society.

 

Art. 5

The Republic, one and indivisible, recognises and promotes local
autonomies, and implements the fullest measure of administrative
decentralisation in those services which depend on the State. The Republic accords the principles and methods of its legislation to
the requirements of autonomy and decentralisation.

 

Art. 6

The Republic safeguards linguistic minorities by means
of appropriate measures.

 

Art. 7

The State and the Catholic Church are independent and sovereign, each within its own sphere.
Their relations are governed by the Lateran Pacts. Changes to the Pacts that are accepted by both
parties do not require the procedure for constitutional amendment

 

Art. 8

All religious confessions are equally free before the law.
Religious confessions other than the Catholic one
have the right to organise themselves in accordance with their own statutes.
, provided that these statutes are not in conflict with Italian law.
Their relations with the State are regulated by law on the basis of.
accords between the State and the respective representatives.

 

Art. 9

The Republic promotes the development of
culture and of scientific and technical research.
It safeguards natural landscape and the historical and artistic
heritage of the Nation.

 

Art. 10

The Italian legal system conforms to the generally recognised rules of international law.
The legal status of foreigners is regulated by law in conformity with international provisions and treaties.
A foreigner who is denied the effective exercise of the
democratic liberties guaranteed by the Italian Constitution in his
or her own country has the right of asylum in the
territory of the Italian Republic, in accordance with the conditions established by
law. Extradition of a foreigner for political offences is not admitted.

 

Art. 11

Italy rejects war as an instrument of aggression against the
freedom of other peoples and as a means for the settlement of international disputes. Italy agrees, on conditions of
equality with
other States, to the limitations of sovereignty that may be necessary
to a world order ensuring peace and justice among the Nations.
Italy promotes and encourages international organisations having such ends.

 

Art. 12

The flag of the Republic is the Italian tricolour: green, white and red,
in three vertical bands of equal size.

Title I: Civil rights and duties

Articoli:

 

• Title I - Art. 13
• Title I - Art. 14
• Title I - Art. 15
• Title I - Art. 16
• Title I - Art. 17
• Title I - Art. 18
• Title I - Art. 19
• Title I - Art. 20
• Title I - Art. 21
• Title I - Art. 22
• Title I - Art. 23
• Title I - Art. 24
• Title I - Art. 25
• Title I - Art. 26
• Title I - Art. 27
• Title I - Art. 28

 

Title I - Art. 13

Personal liberty is inviolable.
No form of detention, inspection or personal search nor any other restriction on personal freedom is admitted, except by a reasoned warrant issued by a judicial authority, and only in the cases and the manner provided for by law.
In exceptional cases of necessity and urgency, strictly defined by the law, law-enforcement authorities may adopt temporary measures that must be communicated to the judicial authorities
within forty-eight hours. Should such measures not be confirmed by the judicial authorities within the next forty-eight hours, they are revoked and become null and void.
All acts of physical or moral violence against individuals subject in any way to limitations of freedom shall be punished.
The law establishes the maximum period of preventive detention.

 

Title I - Art. 14

The home is inviolable.
Inspections, searches or seizures may not be carried out except in the cases and in the manner
set out by law and in accordance with the guarantees prescribed for the safeguard of personal freedom.
Controls and inspections for reasons of public health and safety or for economic and taxation
purposes are regulated by special laws.

 

Title I - Art. 15

The freedom and confidentiality of correspondence and of every other form of
communication is inviolable.
Restrictions thereto may be imposed only by a reasoned warrant issued by a judicial authority with the guarantees established by law.

 

Title I - Art. 16

All citizens may travel or sojourn freely in any part of the national territory, except for
general limitations which the law establishes for reasons of health and security. No restrictions
may be made for political reasons.
All citizens are free to leave and re-enter the territory of the Republic, provided all legal obligations are fulfilled.

 

Title I - Art. 17

Citizens have the right to assemble peacefully and unarmed.
No previous notice is required for meetings, even when the meetings occur in places that are open to the public.
For meetings in public places, previous notice must be given to the authorities, who may only forbid them for proven
reasons of security and public safety.

 

Title I - Art. 18

Citizens have the right to form associations freely, without authorisation, for ends that are not forbidden to individuals by criminal law.
Secret associations and those associations that, even indirectly, pursue political ends by means
of organisations having a military character, are prohibited.

 

Title I - Art. 19

All persons have the right to profess freely their own religious faith in any form, individually
or in association, to disseminate it and to worship in private or public, provided
that the religious rites are not contrary to public morality.

 

Title I - Art. 20

The ecclesiastical nature and the religious or ritual purposes of an association or institution
may not constitute a cause for special limitations under the law, nor for special
taxation with respect to its establishment, legal status or any of its activities.

 

Title I - Art. 21

All persons have the right to express freely their ideas by word, in writing and by all other
means of communication.
The press may not be subjected to authorisation or censorship.
Seizure is permitted only by a reasoned warrant, issued by the judicial authority, in the case of
offences for which the law governing the press gives express authorisation, or in the case of
violation of its provisions concerning the disclosure of the identity of those holding responsibility.
In such cases, when there is absolute urgency and when timely intervention of the judicial
authority is not possible, periodical publications may be seized by officers of the judicial police,
who must promptly, and in any case within twenty-four hours, report the matter to the judicial
authority. If the latter does not confirm the seizure order within the following twenty-four hours,
the seizure is understood to be withdrawn and null and void.
The law may establish, by means of provisions of a general nature, that the financial sources of the periodical press be disclosed.
Printed publications, public performances and events contrary to public morality are forbidden.
The law establishes appropriate means for the prevention and repression of all violations.

 

Title I - Art. 22

No person may be deprived for political reasons of legal
capacity, citizenship or name.

 

Title I - Art. 23

No obligations of a personal or a financial nature may be
imposed on any person except by law.

 

Title I - Art. 24

All persons are entitled to take judicial action to protect their individual rights and legitimate interests.
The right of defence is inviolable at every stage and level of the proceedings.
The indigent are assured, by appropriate measures, the means for legal action and defence in all vlevels of jurisdiction.
The law determines the conditions and the means for the redress of judicial errors.

 

Title I - Art. 25

No one may be withheld from the jurisdiction of the judge previously ascertained by law.
No one may be punished except on the basis of a law in force prior to the time when the offence
was committed.
No one may be subjected to restrictive measures except in those cases provided for by the
law.

 

Title I - Art. 26

Extradition of a citizen is permitted only in the cases expressly provided for in international
conventions.
In no case may extradition be permitted for political offences.

 

Title I - Art. 27

Criminal responsibility is personal. The defendant is not considered guilty until the final judgement is passed. Punishment may not consist in inhuman treatment and must aim at the rehabilitation of the convicted person. The death penalty is not admitted.

Title I - Art. 28

Officials and employees of the State and public entities are directly answerable, under
criminal, civil and administrative law, for actions committed in violation of rights. In such
cases, civil liability extends to the State and the public entities.

Title II - Art. 29

The Republic recognises the rights of the family as a natural society founded on matrimony.
Matrimony is based on the moral and legal equality of the spouses within the limits laid down by
law to guarantee the unity of the family.

 

Title II - Art. 30

It is the duty and right of parents to support, raise and educate their children, even if born
out of wedlock. In the case of incapacity of the parents, the law provides for the
fulfilment of their duties. The law ensures to children born out of wedlock every form of
legal and social protection, that is compatible with the rights of members of the legitimate
family. The law lays down the rules and limitations for the determination of paternity.

 

Title II - Art. 31

The Republic assists the formation of the family and the fulfilment of its duties, with
particular consideration for large families, through economic measures and other benefits.
The Republic protects mothers, children and the young by adopting the necessary provisions.

 

Title II - Art. 32

The Republic safeguards health as a fundamental right of the individual and as a collective interest, and guarantees free medical care to the indigent.
No one may be obliged to undergo any given health treatment except under the provisions of
the law. The law cannot under any circumstances violate the limits imposed by respect for
the human person.

 

Title II - Art. 33

The Republic guarantees the freedom of the arts and sciences, which may be freely taught. The Republic lays down general rules for education and establishes state schools for all branches and grades.
Entities and private persons have the right to establish schools and institutions of education, at no cost to the State.
The law, when setting out the rights and obligations for the non-state schools which request
parity, shall ensure that these schools enjoy full liberty and offer their pupils an education and qualifications of the same standards as those afforded to pupils in state schools.
State examinations are prescribed for admission to and graduation from the various branches and grades of schools and for qualification to exercise a profession.
Institutions of higher learning, universities and academies, have the right to establish their own
regulations within the limits laid down by the laws of the State.

 

Title II - Art. 34

Schools are open to everyone.
Primary education, which is imparted for at least eight years, is compulsory and free.
Capable and deserving pupils, including those without adequate finances, have the right to
attain the highest levels of education.
The Republic renders this right effective through scholarships, allowances to families and other
benefits, which shall be assigned through competitive examinations.

Title III - Art. 35

The Republic protects work in all its forms and practices.
It provides for the training and professional advancement of workers.
It promotes and encourages international agreements and organisations which have the aim of
establishing and regulating labour rights.
It recognises the freedom to emigrate, subject to the obligations set out by law in the general
interest, and protects Italian workers abroad.

 

Title III - Art. 36

Workers have the right to a remuneration commensurate to the quantity and quality of their
work and in all cases to an adequate remuneration ensuring them and their families a free
and dignified existence.
Maximum daily working hours are established by law.
Workers have the right to a weekly rest day and paid annual holidays. They cannot waive this
right.

 

Title III - Art. 37

Working women have the same rights and are entitled to equal pay for equal work. Working
conditions must allow women to fulfil their essential role in the family and ensure special
appropriate protection for the mother and child.
The law establishes the minimum age for paid work.
The Republic protects the work of minors by means of special provisions and guarantees them
the right to equal pay for equal work.

 

Title III - Art. 38

Every citizen unable to work and without the necessary means of subsistence has a right to
welfare support.
Workers have the right to be assured adequate means for their needs and necessities in the
case of accidents, illness, disability, old age and involuntary unemployment.
Disabled and handicapped persons have the right to education and vocational training.
The duties laid down in this article are provided for by entities and institutions established by or
supported by the State.
Private-sector assistance may be freely provided.

 

Title III - Art. 39

Trade unions have the right to organise themselves freely.
No obligations can be imposed on trade unions other than registration at local or central offices,
according to the provisions of the law.
A condition for registration is that the statutes of the trade unions establish their internal
organisation on a democratic basis.
Registered trade unions are legal persons. They may, through a unified representation that is
proportional to their membership, enter into collective labour agreements that have a
mandatory effect for all persons belonging to the categories referred to in the agreement.

 

Title III - Art. 40

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

 

Title III - Art. 41

Private-sector economic initiative is freely exercised.
It cannot be conducted in conflict with social usefulness or in such a manner that could damage
safety, liberty and human dignity.
The law shall provide for appropriate programmes and controls so that public and private-sector
economic activity may be oriented and co-ordinated for social purposes.

 

Title III - Art. 42

Property is publicly or privately owned. Economic assets belong to the State, to entities or
to private persons. Private property is recognised and guaranteed by the law, which
prescribes the ways it is acquired, enjoyed and its limitations so as to ensure its social
function and make it accessible to all.
Private property may, in the cases provided for by the law and with provisions for compensation,
be expropriated for reasons of general interest.
The law establishes the regulations and limits of legitimate and testamentary inheritance and the
rights of the State in matters of inheritance.

 

Title III - Art. 43

For purposes of general interest, specific enterprises or categories of enterprises related to
essential public services, energy sources or monopolistic situations and which have a
primary public interest, may be reserved from the outset to the State, public entities or
communities of workers or users, or may be transferred to them by means of expropriation
and payment of compensation.

 

Title III - Art. 44

For the purpose of ensuring the rational exploitation of land and equitable social
relationships, the law imposes obligations and constraints on the private ownership of
land; it sets limitations to the size of holdings according to the region and agricultural
zone; encourages and imposes land reclamation, the conversion of latifundia and the
reorganisation of farm units; and assists small and medium-sized holdings.
The law makes provisions in favour of mountainous areas.

 

Title III - Art. 45

The Republic recognises the social function of co-operation of a mutualistic, non-speculative
nature. The law promotes and encourages co-operation through appropriate
means and ensures its character and purposes through adequate controls.
The law safeguards and promotes artisanal work.

 

Title III - Art. 46

For the economic and social betterment of workers and in harmony with the needs of
production, the Republic recognises the rights of workers to collaborate in the
management of enterprises, in the ways and within the limits established by law.

 

Title III - Art. 47

The Republic encourages and safeguards savings in all forms. It regulates, co-ordinates and
oversees the operation of credit.
The Republic promotes the access through citizens' mutual savings to the ownership of housing
and of directly cultivated land, as well as to direct and indirect investment in the equity
of the large production complexes of the country.

Title IV - Art. 48

All citizens, male and female, who have attained their majority, are voters. The vote is
personal and equal, free and secret. The exercise thereof is a civic duty. The law lays
down the requirements and modalities for citizens residing abroad to exercise their
right to vote and guarantees that this right is effective. A constituency of Italians abroad shall be established for elections to the Houses of Parliament; the number of seats of
such constituency is set forth in a constitutional provision according to criteria
established by law. The right to vote cannot be restricted except for civil incapacity or as
a consequence of an irrevocable penal sentence or in cases of moral unworthiness as
laid down by law.

 

Title IV - Art. 49

All citizens have the right to freely associate in parties to contribute to determining national
policies through democratic processes.

 

Title IV - Art. 50

All citizens may present petitions to both Houses to request legislative measures or to
express collective needs.

 

Title IV - Art. 51

All citizens of either sex are eligible for public offices and for elective positions on equal
terms, according to the conditions established by law. To this end, the Republic shall adopt
specific measures to promote equal opportunities between women and men.
The law may grant Italians who are not resident in the Republic the same rights as citizens for
the purposes of access to public offices and elected positions.
Whoever is elected to a public function is entitled to the time needed to perform that function and to retain previously held employment.

 

Title IV - Art. 52

The defence of the Fatherland is a sacred duty for every citizen.
Military service is obligatory within the limits and in the manner set by law. Fulfilment thereof
shall not prejudice a citizen's employment, nor the exercise of political rights.
The organisation of the armed forces shall be based on the democratic spirit of the Republic.

 

Title IV - Art. 53

Every person shall contribute to public expenditure in accordance with his/her tax-payer
capacity.
The taxation system shall be based on criteria of progression.

 

Title IV - Art. 54

All citizens have the duty to be loyal to the Republic and to uphold its Constitution and laws.
Those citizens to whom public functions are entrusted have the duty to fulfil such functions with
discipline and honour, taking an oath in those cases established by law.

Title I: Il Parliament

Section 1: The Houses

Articoli:

• e I - Art. 55
• e I - Art. 56
• e I - Art. 57
• e I - Art. 58
• e I - Art. 59
• e I - Art. 60
• e I - Art. 61
• e I - Art. 62
• e I - Art. 63
• e I - Art. 64
• e I - Art. 65
• e I - Art. 66
• e I - Art. 67
• e I - Art. 68
• e I - Art. 69

Section II - Legislative process

Articoli:

• e I - Art. 70
• e I - Art. 71
• e I - Art. 72
• e I - Art. 73
• e I - Art. 74
• e I - Art. 75
• e I - Art. 76
• e I - Art. 77
• e I - Art. 78
• e I - Art. 79
• e I - Art. 80
• e I - Art. 81
• e I - Art. 82

 

Section 1: The Houses

Title I - Art. 55

Parliament consists of the Chamber of Deputies and the Senate of the Republic.
Parliament meets in joint session of the members of both Houses only in those cases established
in the Constitution.

 

Title I - Art. 56

The Chamber of Deputies is elected by direct and universal suffrage.
The number of Deputies is six hundred and thirty, twelve of which are elected in the Overseas
Constituency. All voters who have attained the age of twenty-five on the day of elections
are eligible to be Deputies.
The division of seats among the electoral districts, with the exception of the number of seats
assigned to the Overseas Constituency, is obtained by dividing the number of inhabitants
of the Republic, as shown by the latest general census of the population, by six hundred
eighteen and distributing the seats in proportion to the population in every electoral
district, on the basis of whole shares and the highest remainders.

 

Title I - Art. 57

The Senate of the Republic is elected on a regional basis, with the exception of the seats
assigned to the Overseas Constituency.
The number of Senators to be elected is three hundred and fifteen, six of which are elected in
the Overseas Constituency. No Region may have fewer than seven Senators; Molise shall
have two, Valle d'Aosta one.
The division of seats among the Regions, with the exception of the number of seats assigned to
the Overseas Constituency, in accordance with the provisions of the preceding Article, is
made in proportion to the population of the Regions as revealed in the most recent general
census, on the basis of whole shares and the highest remainders.

 

Title I - Art. 58

Senators are elected by universal and direct suffrage by voters who are twenty-five years
of age.
Voters who have attained the age of forty are eligible to be elected to the Senate.

 

Title I - Art. 59

Former Presidents of the Republic are Senators by right and for life unless they renounce the
office.
The President of the Republic may appoint five citizens who have honoured the Nation through
their outstanding achievements in the social, scientific, artistic and literary fields as life

Senators.

 

Title I - Art. 60

The Chamber of Deputies and the Senate of the Republic are elected for five years.
The term for each House cannot be extended, except by law and only in the case of war.

 

Title I - Art. 61

Elections for the new Houses take place within seventy days from the end of the term of the
previous Houses. The first meeting is convened no later than twenty days after the elections.
Until such time as the new Houses meet, the powers of the previous Houses are extended.

 

Title I - Art. 62

The Houses shall convene by right on the first working day of February and October.
Each House may be convened in extraordinary session on the initiative of its President or the
President of the Republic or a third of its members.
When one House is convened in extraordinary session, the other House is convened by right.

 

Title I - Art. 63

Each House shall elect from among its members its President and its Bureau.
When Parliament meets in joint session, the President and the Bureau are those of the Chamber
of Deputies.

 

Title I - Art. 64

Each House adopts its own Rules by an absolute majority of its members.
The sittings are public; however, each of the Houses and Parliament in joint session may decide
to convene a closed session.
The decisions of each House and of Parliament are not valid if the majority of the members is not
present, and if they are not passed by a majority of those present, unless the Constitution
prescribes a special majority.
Members of the Government, even when not members of the Houses, have the right, and, when requested, the obligation to attend the sittings. They shall be heard every time they so request.

 

Title I - Art. 65

The law determines the cases of non-eligibility and incompatibility with the office of Deputy
or Senator.
No one may be a member of both Houses at the same time.

 

Title I - Art. 66

Each House verifies the credentials of its members and the causes of ineligibility and
incompatibility that may arise at a later stage.

 

Title I - Art. 67

Each Member of Parliament represents the Nation and carries
out his/her duties without a binding mandate

 

Title I - Art. 68

Members of Parliament cannot be held accountable for the opinions expressed or votes cast in the performance of their function.
Without the authorisation of their respective House, Members of Parliament may not be
submitted to personal or home search, nor may they be arrested or otherwise deprived of their personal freedom, nor held in detention, except when a final court sentence is
enforced, or when the Member is apprehended in the act of committing an offence for which arrest flagrante delicto is mandatory.
The same authorisation is required for Members of Parliament to be submitted to the
surveillance of their conversations or communication, in any form, and to the seizure of
their correspondence.

 

Title I - Art. 69

Members of Parliament shall receive an allowance established by
law.

 

Title I - Art. 70

The legislative function is exercised collectively by both Houses.

 

Title I - Art. 71

Legislation is initiated by the Government, by each Member of
Parliament and by those entities and bodies so empowered by
constitutional law.
The people may initiate legislation by proposing a bill drawn up
in sections and signed by at least fifty-thousand voters.

 

Title I - Art. 72

Every bill submitted to one of the Houses is, in accordance with its Rules, considered by a
Committee and then by the House itself, which approves it section by section and with
a final vote.
The Rules establish shortened procedures for draft legislation that has been declared urgent.
They may also establish in which cases and in what manner the consideration and approval of
bills is deferred to Committees, including Standing Committees, composed so as to
reflect the proportion of the Parliamentary Groups. Even in such cases, until the moment of its final approval,
the bill may be referred back to the
House, if the Government or one-tenth of
the members of the House or one-fifth of the Committee request that it be debated and voted
on by the House itself or that it be submitted to the House for final
approval, with only explanations of vote. The Rules establish the ways in which the
proceedings of Committees are made public.
The regular procedure for consideration and direct approval by the House is always followed in
the case of bills on constitutional and electoral matters, enabling legislation, the
ratification of international treaties and the approval of budgets and accounts.

 

Title I - Art. 73

Laws are promulgated by the President of the Republic within one month of their approval.
If the Houses, each by an absolute majority of its members,
declare a law to be urgent, the law is promulgated within the
deadline established therein.
Laws are published immediately after promulgation and come
into force on the fifteenth day following publication, unless the
laws themselves establish a different deadline.

 

Title I - Art. 74

The President of the Republic, before promulgating a law, may
request the Houses, with a reasoned message, to deliberate
again
. If the Houses once more pass the bill once again, then the law must be promulgated.

 

Title I - Art. 75

A popular referendum shall be held to abrogate, totally or partially, a law or
a measure having the force of law, when requested by five hundred thousand voters or five
Regional Councils. Referenda are not admissible in the case of tax, budget, amnesty and pardon laws,
or laws authorising the ratification of international treaties. All citizens eligible to
vote for the Chamber of Deputies have the right to participate in referenda. The
proposal subjected to a referendum is approved if the majority of those with voting
rights have participated in the vote and a majority of votes validly cast has been
reached. The procedures for conducting a referendum shall be established by law.

NOTE:
(*) Con la legge costituzionale 3 aprile 1989, n. 2, è stata disposta l'indizione di un referendum di indirizzo sul conferimento di un mandato costituente al Parlamento europeo da svolgersi in occasione delle elezioni del 1989 per il rinnovo del Parlamento europeo.
(*) Con la legge costituzionale 11 marzo 1953, n. 1, "Norme integrative della Costituzione concernenti la Corte costituzionale", è stato attribuito alla Corte costituzionale il giudizio sull'ammissibilità dei quesiti referendari.

Title I - Art. 76

The exercise of the legislative function may not be delegated to the Government unless
principles and criteria have been established and then only for a limited time and for
specified purposesi.

 

Title I - Art. 77

The Government may not, without an enabling act from the Houses,
issue decrees having the force of ordinary law.
When in extraordinary cases of necessity and urgency the
Government adopts provisional
measures having the force of law, it must on the same day present said measures for
confirmation to the Houses which, even if dissolved, shall be summoned especially for this purpose
and shall convene within five days.
The decrees lose effect from their inception if they are not confirmed within sixty days from
their publication. The Houses may however regulate by
law legal relationships arising out of not confirmed decrees.

 

Title I - Art. 78

The Houses deliberate the state of war and confer the necessary
powers on the Government.

 

Title I - Art. 79

Amnesty and pardon are granted with a law approved by a
two-thirds majority in both Houses, for each section and in the final vote. The law
granting an amnesty or pardon establishes the deadline for its implementation. Amnesty
and pardon cannot in any case apply to offences committed following the introduction of
the bill in Parliament.

 

Title I - Art. 80

The Houses authorise by law the ratification of international
treaties which are of a political nature, or which call for arbitration or legal settlements, or
which entail changes to the national territory or financial burdens or changes to legislation.

 

Title I - Art. 81

The Houses approve every year the budgets and accounts
submitted by the Government. The provisional budget cannot be granted unless by law and for
periods not exceeding a total of four months. It is not possible to introduce new taxes and new expenditures
in the law approving the budget. Any other law involving new or increased expenditures must specify
the resources to meet these expenditures.

 

Title I - Art. 82

Each House may conduct inquiries on matters of public interest.
For such purposes, it appoints a Committee so composed as to reflect the
proportional representation of the Parliamentary Groups. The Committee of inquiry
conducts its investigations and examinations with the same powers and the same limitations
as a judicial authority

 

Title II - Art. 83

The President of the Republic is elected by Parliament in joint
session of its members.
Three delegates from every Region elected by the Regional Council
so as to ensure that minorities are represented shall participate in the election. Valle d'Aosta
has one delegate only.
The election of the President of the Republic is by secret ballot
with a majority of two thirds of the assembly. After the third ballot an absolute majority shall suffice.

 

Title II - Art. 84

Any citizen who has attained fifty years of age and enjoys civil
and political rights can be elected President of the Republic.
The office of President of the Republic is incompatible with any
other office. Compensation and endowments of the President are established by law.

 

Title II - Art. 85

The President of the Republic is elected for seven years.
Thirty days before the expiration of the term, the President of the
Chamber of Deputies shall summon a joint session of Parliament and the regional delegates
to elect the new President of the Republic.
If the Houses are dissolved, or there are less than three months from their
dissolution, the election shall take place within fifteen days of the meeting of the new Houses.
In the intervening time, the powers of the incumbent President are extended.

 

Title II - Art. 86

The functions of the President of the Republic, in all cases
in which the President cannot perform them, shall be exercised by the President of the Senate.
In the case of permanent incapacity or death or resignation of the President
of the Republic, the President of the Chamber of Deputies shall call an election of a
new President of the Republic within fifteen days, except in the case of the longer
term which is provided for when the Houses are dissolved and are within less than three
months to their dissolution.

 

Title II - Art. 87

The President of the Republic is the Head of the State and represents national unity. The President may send messages to the Houses. The President shall:
call new general elections and set the date of the first sitting of the Houses of Parliament; authorise the introduction to the Houses of bills initiated by the Government; promulgate the laws and issue decrees having the force of law as well as regulations; call popular referenda in the cases provided for by the Constitution; appoint State officials in the cases provided for by law; accredit and receive diplomatic representatives, and ratify international treaties which have, where required, been authorised by the Houses. The President is the commander of the armed forces, shall preside over the Supreme Council of Defence established by law, and shall make declarations of war which have been decided by the Chambers. The President shall preside over the High Council of the Judiciary. The President may grant pardons and commute punishments. The President shall confer the honorary distinctions of the Republic.

 

Title II - Art. 88

The President of the Republic, having heard the Presidents
of the Houses, may dissolve Parliament or even only one House.
The President of the Republic cannot exercise said right during the last
six months of the presidential mandate, unless said period coincides in full or in part with
the last six months of Parliament.

 

Title II - Art. 89

No act of the President of the Republic is valid if it is not signed
by the proposing Ministers, who assume responsibility for it.
The acts which have legislative strength and those laid down by law
shall be countersigned also by the President of the Council of Ministers

 

Title II - Art. 90

The President of the Republic is not responsible for the actions
performed in the exercise of the presidential duties, except in the case of high treason
or attempt against the Constitution.
In such cases, the President may be impeached by Parliament in
joint session, with an absolute majority of its members.

 

Title II - Art. 91

The President of the Republic, before taking office, shall take an
oath of allegiance to the Republic and swear to uphold the Constitution before Parliament in
joint session.

Titolo III: The Government

Section I:The Council of Ministers

Articoli:

• e III - Art. 92
• e III - Art. 93
• e III - Art. 94
• e III - Art. 95
• e III - Art. 96

Section II - Public Administration

Articoli:

• e III - Art. 97
• e III - Art. 98

Section III - Auxiliary Bodies

Articoli:

• e III - Art. 99
• e III - Art. 100

 

Title III - Art. 92

The Government of the Republic is made up of the
President of the Council and the Ministers who together form the Council of Ministers. The President of the Republic appoints the President of
the Council of Ministers and, on his/her proposal, the Ministers.

 

Title III - Art. 93

The President of the Council of Ministers and the Ministers,
before taking office, shall be sworn in by the President of the Republic.

 

Title III - Art. 94

The Government must have the confidence of both Houses.
Each House grants or withdraws its confidence through a reasoned
motion and which is voted on by roll-call. Within ten days of its formation the Government shall come before
the Houses to obtain their confidence. An opposing vote by one or both the Houses against a Government
proposal does not entail the obligation to resign.
A motion of no-confidence must be signed by at least one-tenth of
the members of the House and cannot be debated earlier than three days from its presentation.

 

Title III - Art. 95

The President of the Council conducts and holds responsibility
for the general policy of the Government.
The President of the Council ensures the coherence of political and
administrative policies, by promoting and co-ordinating the activity of the Ministers.
The Ministers are collectively responsible for the acts of the Council
of Ministers; they are individually responsible for the acts of their own ministries.
The law establishes the organisation of the Presidency of the Council,
as well as the number, competence and organisation of the ministries.

 

Title III - Art. 96

The President of the Council of Ministers and the Ministers, even
if they resign from office, are subject to normal justice for crimes committed in the exercise
of their duties, provided authorisation is given by the Senate of the Republic
or the Chamber of Deputies, in accordance with the norms established by Constitutional Law.

 

Title III - Art. 97

Public offices are organised according to the provisions of law,
so as to ensure the efficiency and impartiality of administration.
The regulations of the offices lay down the areas of competence,
the duties and the responsibilities of the officials.
Employment in public administration is accessed through competitive
examinations, except in the cases established by law.

 

Title III - Art. 98

Civil servants are exclusively at the service of the Nation.
If they are Members of Parliament, they may not be promoted in their
services, except through seniority.
The law may set limitations on the right to become members of political
parties in the case of magistrates, career military staff in active service, law
enforcement officers, and overseas diplomatic and consular representatives.

 

Title III - Art. 99

The National Council for Economics and Labour is composed,
as set out by law, of experts and representatives of the economic categories, in such a
proportion as to take account of their numerical and qualitative importance.
It serves as a consultative body for the Houses and the Government
for those matters and those functions attributed to it by law.
It can initiate legislation and may contribute to drafting economic
and social legislation according to the principles and within the limitations laid out by law.

 

Title III - Art. 100

The Council of State is a legal-administrative consultative body
and it oversees the administration of justice.
The Court of Auditors exercises preventive control over the legitimacy
of Government measures, and also ex-post auditing of the administration of the State
Budget. It participates, in the cases and ways established by law, in auditing the
financial management of the entities receiving regular budgetary support from the State.
It reports directly to the Houses on the results of audits performed.
The law ensures the independence from the Government of the two bodies
and of their members.

 

Title IV - Art. 101

Justice is administered in the name of the people.
Judges are subject only to the law.

 

Title IV - Art. 102

Judicial proceedings are exercised by ordinary magistrates
empowered and regulated by the provisions concerning the Judiciary.
Extraordinary or special judges may not be established. Only specialised
sections for specific matters within the ordinary judicial bodies may be established,
and these sections may include the participation of qualified citizens who are not
members of the Judiciary.
The law regulates the cases and forms of the direct participation
of the people in the administration of justice.

 

Title IV - Art. 103

The Council of State and the other organs of judicial
administration have jurisdiction over the protection of legitimate rights before the public
administration and, in particular matters laid out by law, also of subjective rights.
The Court of Auditors has jurisdiction in matters of public accounts and
in other matters laid out by law.
Military tribunals in times of war have the jurisdiction established by law.
In times of peace they have jurisdiction only for military crimes committed by members of the armed forces.

 

Title IV - Art. 104

The Judiciary is a branch that is autonomous and independent of all other powers.
The High Council of the Judiciary is presided over by the President of the Republic.
The first president and the general prosecutor of the Court of Cassation are members by right.
Two thirds of the members are elected by all the ordinary judges belonging to
the various categories, and one third are elected by Parliament in joint session from
among full university professors of law and lawyers with fifteen years of practice.
The Council elects a vice-president from among those members designated by
Parliament. Elected members of the Council remain in office for four years and cannot be
immediately re-elected.
They may not, while in office, be registered in professional rolls, nor serve
in Parliament or on a Regional Council.

 

Title IV - Art. 105

The High Council of the Judiciary, in accordance with the
regulations of the Judiciary, has jurisdiction for employment, assignments and
transfers, promotions and disciplinary measures of judges.

 

Title IV - Art. 106

Judges are appointed by means of competitive examinations.
The law on the regulations of the Judiciary allows the appointment, even
by election, of honorary judges for all the functions performed by single judges.
Following a proposal by the High Council of the Judiciary, full university professors
of law and lawyers with fifteen years of practice and registered in the special professional
rolls for the higher courts may be appointed for their outstanding merits as Cassation councillors.

 

Title IV - Art. 107

Judges may not be
removed from office; they may not be dismissed or suspended
from office or assigned to other courts or functions unless by a decision of the High
Council of the Judiciary, taken either for the reasons and with the guarantees of
defence established by the provisions concerning the organisation of Judiciary or with
the consent of the judges themselves.
The Minister of Justice has the power to originate disciplinary action.
Judges are distinguished only by their different functions.
The state prosecutor enjoys the guarantees established in the prosecutor's favour
by the provisions concerning the organisation of the Judiciary.

 

Title IV - Art. 108

The provisions concerning the organisation of the Judiciary and
the judges are laid out by law.
The law ensures the independence of judges of special courts,
of state prosecutors of those courts, and of other persons participating in the administration of justice.

 

Title IV - Art. 109

The legal authorities have direct use of the judicial police.

 

Title IV - Art. 110

Without prejudice to the authority of the High Council of the
Judiciary, the Minister of Justice has responsibility for the organisation and functioning of
those services involved with justice.

 

Title IV - Art. 111

Jurisdiction is implemented through due process regulated by
law. All court trials are conducted with adversary proceedings and the parties
are entitled to equal conditions before an impartial judge in third party position. The law
provides for the reasonable duration of trials.
In criminal law trials, the law provides that the alleged offender
shall be promptly informed confidentially of the nature and reasons for the charges
that are brought and shall have adequate time and conditions to prepare a defence.
The defendant shall have the right to cross-examine or to have cross-examined before a
judge the persons making accusations and to summon and examine persons for the defence in the same
conditions as the prosecution, as well as the right to produce all other
evidence in favour of the defence. The defendant is entitled to the assistance of an
interpreter in the case that he or she does not speak or understand the language in which the court
proceedings are conducted.
In criminal law proceedings, the formation of evidence is based on the principle
of adversary hearings. The guilt of the defendant cannot be established on the
basis of statements by persons who, out of their own free choice, have always voluntarily
avoided undergoing cross-examination by the defendant or the defence counsel.
The law regulates the cases in which the formation of evidence does not occur in an
adversary proceeding with the consent of the defendant or owing to reasons
of ascertained objective impossibility or proven illicit conduct.
All judicial decisions shall include a statement of reasons.
Appeals to the Court of Cassation in cases of violations of the law are always allowed
against sentences and against measures affecting personal freedom pronounced by
ordinary and special courts. This rule can only be waived in cases of sentences
by military tribunals in time of war.
Appeals to the Court of Cassation against decisions of the Council of State
and the Court of Auditors are permitted only for reasons of jurisdiction.

 

Title IV - Art. 112

The public prosecutor has the obligation to institute criminal
proceedings.

 

Title IV - Art. 113

The judicial safeguarding of rights and legitimate interests before
the organs of ordinary or administrative justice is always permitted against acts
of the public administration.
Such judicial protection may not be excluded or limited
to particular kinds of appeal or for particular categories of acts.
The law determines which judicial bodies are empowered
to annul acts of public administration in the cases and with the consequences provided for by the law itself.

 

Title V - Art. 114

The Republic is composed of the Municipalities, the Provinces,
the Metropolitan Cities, the Regions and the State. Municipalities, provinces, metropolitan
cities and regions are autonomous entities having their own statutes, powers and
functions in accordance with the principles laid down in the Constitution.
Rome is the capital of the Republic. Its status is regulated by State Law.

 

Title V - Art. 115

(Repealed)

Title V - Art. 116

Friuli-Venezia Giulia, Sardinia, Sicily, Trentino-Alto
Adige/Südtirol and Valle d'Aosta/Vallée d'Aoste have special forms and conditions of autonomy
pursuant to the special statutes adopted by constitutional law.
The Trentino-Alto Adige/Südtirol Region is composed of the autonomous
provinces of Trent and Bolzano.
Additional special forms and conditions of autonomy, related
to the areas specified in art. 117, paragraph three and paragraph two, letter l) - limited to the organisational requirements of the Justice of the Peace - and letters n) and s),
may be attributed to other Regions by State Law, upon the initiative of the Region concerned, after consultation with the local authorities, in compliance with the principles set forth in art. 119.
Said Law is approved by both Houses of Parliament with the absolute majority
of their members, on the basis of an agreement between the State and the Region concerned.

 

Title V - Art. 117

Legislative powers shall be vested in the State and the Regions in
compliance with the Constitution and with the constraints deriving from EU-legislation and international obligations.
The State has exclusive legislative powers in the following subject matters:

• a) foreign policy and international relations of the State; relations between the State and the European Union; right of asylum and legal status of non-EU citizens;
• b) immigration;
• c) relations between the Republic and religious denominations;
• d) defence and armed forces; State security; armaments, ammunition and explosives;
• e) the currency, savings protection and financial markets; competition protection; foreign exchange system; state taxation and accounting systems; equalisation of financial resources;
• f) state bodies and relevant electoral laws; state referenda; elections to the European Parliament;
• g) legal and administrative organisation of the State and of national public agencies;
• h) public order and security, with the exception of local administrative police;
• i) citizenship, civil status and register offices;
• l) jurisdiction and procedural law; civil and criminal law; administrative judicial system;
• m) determination of the basic level of benefits relating to civil and social entitlements to be guaranteed throughout the national territory;
• n) general provisions on education;
• o) social security;
• p) electoral legislation, governing bodies and fundamental functions of the Municipalities, Provinces and Metropolitan Cities;
• q) customs, protection of national borders and international prophylaxis;
• r) weights and measures; standard time; statistical and computerised co-ordination of data of state, regional and local administrations; works of the intellect;
• s) protection of the environment, the ecosystem and cultural heritage.

Concurring legislation applies to the following subject matters:
international and EU relations of the Regions; foreign trade; job protection and safety;
education, subject to the autonomy of educational institutions and with the exception of vocational education and training;
professions; scientific and technological research and innovation support for productive sectors; health protection; nutrition; sports; disaster relief; land-use planning; civil ports and airports;
large transport and navigation networks; communications; national production, transport and distribution of energy;
complementary and supplementary social security; harmonisation of public accounts and co-ordination
of public finance and the taxation system; enhancement of cultural and environmental assets,
including the promotion and organisation of cultural activities; savings banks, rural banks,
regional credit institutions; regional land and agricultural credit institutions. In the subject matters
covered by concurring legislation legislative powers are vested in the Regions, except for the determination
of the fundamental principles, which are laid down in State legislation.
The Regions have legislative powers in all subject matters that are not expressly
covered by State legislation.
The Regions and the autonomous provinces of Trent and Bolzano take
part in preparatory decision-making process of EU legislative acts in the areas that fall within their
responsibilities. They are also responsible for the implementation of international agreements
and EU measures, subject to the rules set out in State law which regulate the exercise of subsidiary powers by the State in the case
of non-performance by the Regions and autonomous provinces.
Regulatory powers shall be vested in the State with respect to the subject matters
of exclusive legislation, subject to any delega