Title IV: The Judical Branch

Sezione I - The Organisation of the Judiciary

Articoli:

• e IV - Art. 101
• e IV - Art. 102
• e IV - Art. 103
• e IV - Art. 104
• e IV - Art. 105
• e IV - Art. 106
• e IV - Art. 107
• e IV - Art. 108
• e IV - Art. 109
• e IV - Art. 110

Section II: Rules on Jurisdiction

Articoli:

• e IV - Art. 111
• e IV - Art. 112
• e IV - Art. 113

 

Sezione I - The Organisation of the Judiciary

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.

 

Section II: Rules on Jurisdiction

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: Regions - Provinces - Municipalities

Articoli:

 

• 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 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 delegations of such powers to the Regions. Regulatory powers shall
be vested in the Regions in all other subject matters. Municipalities, provinces and metropolitan cities
have regulatory powers as to the organisation and implementation of the functions attributed to them.
Regional laws shall remove any hindrances to the full equality of men and women
in social, cultural and economic life and promote equal access to elected offices for men and women.
Agreements between a Region and other Regions that aim at improving the performance
of regional functions and that may also envisage the establishment of joint bodies shall be ratified by
regional law. In the areas falling within their responsibilities, Regions may enter into agreements
with foreign States and with local authorities of other States in the cases and according to the forms
laid down by State legislation.

NOTE:
(*) L'art. 117 è stato sostituito dall'art. 3 della legge costituzionale 18 ottobre 2001, n. 3. Il testo originario dell'articolo era il seguente:

«La Regione emana per le seguenti materie norme legislative nei limiti dei principî fondamentali stabiliti dalle leggi dello Stato, semprechè le norme stesse non siano in contrasto con l'interesse nazionale e con quello di altre Regioni:
ordinamento degli uffici e degli enti amministrativi dipendenti dalla Regione;
circoscrizioni comunali;
polizia locale urbana e rurale;
fiere e mercati;
beneficenza pubblica ed assistenza sanitaria ed ospedaliera;
istruzione artigiana e professionale e assistenza scolastica;
musei e biblioteche di enti locali;
urbanistica;
turismo ed industria alberghiera;
tranvie e linee automobilistiche di interesse regionale;
viabilità, acquedotti e lavori pubblici di interesse regionale;
navigazione e porti lacuali;
acque minerali e termali;
cave e torbiere;
caccia;
pesca nelle acque interne;
agricoltura e foreste;
artigianato;
altre materie indicate da leggi costituzionali.
Le leggi della Repubblica possono demandare alla Regione il potere di emanare norme per la loro attuazione.»

(**) Si riporta di seguito l'art. 11, recante disposizioni transitorie, della legge costituzionale 18 ottobre 2001, n. 3:

«1. Sino alla revisione delle norme del titolo I della parte seconda della Costituzione, i regolamenti della Camera dei deputati e del Senato della Repubblica possono prevedere la partecipazione di rappresentanti delle Regioni, delle Province autonome e degli enti locali alla Commissione parlamentare per le questioni regionali.
2. Quando un progetto di legge riguardante le materie di cui al terzo comma dell'articolo 117 e all'articolo 119 della Costituzione contenga disposizioni sulle quali la Commissione parlamentare per le questioni regionali, integrata ai sensi del comma 1, abbia espresso parere contrario o parere favorevole condizionato all'introduzione di modificazioni specificamente formulate, e la Commissione che ha svolto l'esame in sede referente non vi si sia adeguata, sulle corrispondenti parti del progetto di legge l'Assemblea delibera a maggioranza assoluta dei suoi componenti.»

Title V - Art. 118

Administrative functions are attributed to the Municipalities,
unless they are attributed to the provinces, metropolitan cities and regions or to
the State, pursuant to the principles of subsidiarity, differentiation and proportionality,
to ensure their uniform implementation.
Municipalities, provinces and metropolitan cities carry out
administrative functions of their own as well as the functions assigned to them by State
or by regional legislation, according to their respective competences.
State legislation shall provide for co-ordinated action between the
State and the Regions in the subject matters as per Article 117, paragraph two, letters b) and h),
and also provide for agreements and co-ordinated action in the field of cultural heritage preservation.
The State, regions, metropolitan cities, provinces and municipalities shall promote the
autonomous initiatives of citizens, both as individuals and as members of
associations, relating to activities of general interest, on the basis of the principle of subsidiarity.

 

Title V - Art. 119

Municipalities, provinces, metropolitan cities
and regions shall have revenue and expenditure autonomy.
Municipalities, provinces, metropolitan cities and regions
shall have independent financial resources. They set and levy taxes and collect revenues of their own,
in compliance with the Constitution and according to the principles of co-ordination of State
finances and the tax system. They share in the tax revenues related to their respective territories.
State legislation shall provide for an equalisation fund - with no
allocation constraints - for the territories having lower per-capita taxable capacity.
Revenues raised from the above-mentioned sources shall enable municipalities, provinces,
metropolitan cities and regions to fully finance the public functions
attributed to them.
The State shall allocate supplementary resources and adopt special measures
in favour of specific municipalities, provinces, metropolitan cities and regions to
promote economic development along with social cohesion and solidarity,
to reduce economic and social imbalances, to foster the exercise of the rights of the person
or to achieve goals other than those pursued in the ordinary implementation of their functions.
Municipalities, provinces, metropolitan cities and regions have their own assets,
which are allocated to them pursuant to general principles laid down in State legislation.
They may resort to indebtedness only as a means of financing investment expenditure.
State guarantees on loans contracted for this purpose are not admissible.

 

Title V - Art. 120

The Regions may not levy import or export or transit duties
between Regions or adopt measures that in any way obstruct the freedom of movement
of persons or goods between the Regions. Regions may not limit the right of citizens to
work in any part whatsoever of the national territory.
The Government can act for bodies of the regions, metropolitan cities,
provinces and municipalities if the latter fail to comply with international rules and
treaties or EU legislation, or in the case of grave danger for public safety and security,
or whenever such action is necessary to preserve legal or economic unity and in
particular to guarantee the basic level of benefits relating to civil and social
entitlements, regardless of the geographic borders of local authorities. The law shall lay down
the procedures to ensure that subsidiary powers are exercised in compliance with the
principles of subsidiarity and of loyal co-operation.

 

Title V - Art. 121

The organs of the Region are: the Regional Council,
the Regional Executive and its President.
The Regional Council shall exercise the legislative powers
attributed to the Region as well as the other functions conferred by the Constitution and the laws.
It may submit bills to Parliament.
The Regional Executive is the executive body of the Region.
The President of the Executive represents the Region, directs
the policy-making of the Executive and is responsible for it, promulgates laws and
regional statutes, directs the administrative functions delegated to the Region by the State,
in conformity with the instructions of the Government of the Republic.

 

Title V - Art. 122

The electoral system and the cases of ineligibility and incompatibility
of the President, the other members of the Regional Executive and the Regional
councillors shall be established by a regional law in accordance with the fundamental
principles established by a law of the Republic, which also establishes the term of
elective offices. No one may belong at the same time to a Regional Council or to a Regional Executive and to one of the Houses of Parliament, to another Regional Council, or to the European Parliament.
The Council shall elect a President amongst its members and a Bureau.
Regional councillors are not answerable for the opinions expressed and votes
cast in the exercise of their functions.
The President of the Regional Executive shall be elected by universal and direct suffrage,
unless the regional statute provides otherwise. The elected President shall
appoint and dismiss the members of the Executive.

 

Title V - Art. 123

Each Region shall have a statute which, in harmony with the
Constitution, shall lay down the form of government and basic principles for the organisation
of the Region and the conduct of its business. The statute shall regulate the right to initiate
legislation and promote referenda on the laws and administrative measures of the
Region as well as the publication of laws and of regional regulations.
Regional statutes are adopted and amended by the Regional Council with
a law approved by an absolute majority of its members, with two subsequent
deliberations at an interval of not less than two months. This law does not require the visé
of the Government commissioner. The Government of the Republic may submit the
constitutional legitimacy of the regional statutes to the Constitutional
Court within thirty days from their publication.
The statute is submitted to popular referendum if one-fiftieth of the
electors of the Region or one-fifth of the members of the Regional Council so request
within three months from its publication. The statute that is submitted
to referendum is not promulgated if it is not approved by the majority of valid votes.
In each Region, statutes regulate the activity of the Council of local
authorities as a consultative body on relations between the Regions and local authorities.

 

Title V - Art. 124

(Repealed)

Title V - Art. 125

Administrative tribunals of the first instance shall be established in
the Region, in accordance with the rules established by the law of the Republic.
Sections may be established in places other than the regional capital.

 

Title V - Art. 126

The Regional Council may be dissolved and the President of
the Executive may be removed with a reasoned decree of the President of the Republic in the case of acts
in contrast with the Constitution or grave violations of the law.
The dissolution or removal may also be decided for reasons of national security.
The aforementioned decree is adopted after consultation with a committee of Deputies and Senators for regional affairs which is set up in the manner established by a law of the Republic.
The Regional Council may adopt a reasoned motion of no confidence against
the President of the Executive that is undersigned by at least one-fifth of its members
and adopted by roll call vote with an absolute majority of members.
The motion may not be debated before three days have elapsed since its introduction.
The adoption of a no confidence motion against a President of the
Executive elected by universal and direct suffrage, and the removal, permanent inability,
death or voluntary resignation of the President of the Executive entail the resignation
of the Executive and the dissolution of the Council. The same effects are produced by the contemporary resignation of the majority of the Council members.

 

Title V - Art. 127

The Government may submit the constitutional legitimacy
of a regional law to the Constitutional Court within sixty days from its publication,
when it deems that the regional law exceeds the competence of the Region.
A Region may submit the constitutional legitimacy of a State or
regional law or measure having the force of law to the Constitutional Court within sixty
days from its publication, when it deems that said law or measure infringes upon its competence.

NOTE:
(*) L'art. 127 è stato sostituito dall'art. 8 della legge costituzionale 18 ottobre 2001, n. 3. Il testo originario dell'articolo era il seguente:

«Ogni legge approvata dal Consiglio regionale è comunicata al Commissario che, salvo il caso di opposizione da parte del Governo, deve vistarla nel termine di trenta giorni dalla comunicazione.
La legge è promulgata nei dieci giorni dalla apposizione del visto ed entra in vigore non prima di quindici giorni dalla sua pubblicazione. Se una legge è dichiarata urgente dal Consiglio regionale, e il Governo della Repubblica lo consente, la promulgazione e l'entrata in vigore non sono subordinate ai termini indicati.
Il Governo della Repubblica, quando ritenga che una legge approvata dal Consiglio regionale ecceda la competenza della Regione o contrasti con gli interessi nazionali o con quelli di altre Regioni, la rinvia al Consiglio regionale nel termine fissato per l'apposizione del visto.
Ove il Consiglio regionale la approvi di nuovo a maggioranza assoluta dei suoi componenti, il Governo della Repubblica può, nei quindici giorni dalla comunicazione, promuovere la questione di legittimità davanti alla Corte costituzionale, o quella di merito per contrasto di interessi davanti alle Camere. In caso di dubbio, la Corte decide di chi sia la competenza.»

(**) Le norme sui giudizi di legittimità costituzionale sono state dettate dalla legge costituzionale 9 febbraio 1948, n. 1.

Title V - Art. 128

(Repealed)
NOTE:
(*) L'art. 128 è stato abrogato dall'art. 9, secondo comma, della legge costituzionale 18 ottobre 2001, n. 3. Il testo originario dell'articolo era il seguente:

«Le Provincie e i Comuni sono enti autonomi nell'ambito dei principî fissati da leggi generali della Repubblica, che ne determinano le funzioni.»

Title V - Art. 129

(Repealed)
NOTE:
(*) L'art. 129 è stato abrogato dall'art. 9, secondo comma, della legge costituzionale 18 ottobre 2001, n. 3. Il testo originario dell'articolo era il seguente:

«Le Provincie e i Comuni sono anche circoscrizioni di decentramento statale e regionale.
Le circoscrizioni provinciali possono essere suddivise in circondari con funzioni esclusivamente amministrative per un ulteriore decentramento.»

Title V - Art. 130

(Repealed)
NOTE:
(*) L'art. 130 è stato abrogato dall'art. 9, secondo comma, della legge costituzionale 18 ottobre 2001, n. 3. Il testo originario dell'articolo era il seguente:

«Un organo della Regione, costituito nei modi stabiliti da legge della Repubblica, esercita, anche in forma decentrata, il controllo di legittimità sugli atti delle Provincie, dei Comuni e degli altri enti locali.
In casi determinati dalla legge può essere esercitato il controllo di merito, nella forma di richiesta motivata agli enti deliberanti di riesaminare la loro deliberazione.»

Title V - Art. 131

The following Regions shall be established:

• Piedmont;
• Valle d'Aosta;
• Lombardy;
• Trentino-Alto Adige;
• Veneto;
• Friuli-Venezia Giulia;
• Liguria;
• Emilia-Romagna;
• Tuscany;
• Umbria;
• The Marches;
• Latium;
• Abruzzi;
• Molise;
• Campania;
• Apulia;
• Basilicata;
• Calabria;
• Sicily;
• Sardinia.

 

Title V - Art. 132

By a constitutional law, after consultation with the Regional
Councils, a merger between existing Regions or the creation of new Regions having a
minimum of one million inhabitants may be decided upon, when the request has been
made by a number of Municipal Councils representing not less than one-third of the
populations involved, and the request has been approved by referendum by a majority of said populations.
The Provinces and Municipalities which request to be detached from one Region and
incorporated in another may be allowed to do so, following a referendum
and a law of the Republic, which obtains the majority of the populations of the Province
or Provinces and of the Municipality or Municipalities concerned, and after having
heard the Regional Councils.

 

Title V - Art. 133

Changes in provincial boundaries and the institution of new
Provinces within a Region are regulated by the laws of the Republic, on the initiative
of the Municipalities, after consultation with the Region.
The Region, after consultation with the populations involved, may
establish through its laws new Municipalities within its own territory and modify their districts and names.