Constitution of Italy

Constitution of the Italian Republic
Council of State
Federalism	No, but constituent entities enjoy self-government
Electoral college	Yes: consists of Parliament and three delegates of Regional Councils[b]
Entrenchments	1
History
Amendments	16
Last amended	2022
Full text
Constitution of Italy at Wikisource

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The Constitution of the Italian Republic (Italian: Costituzione della Repubblica Italiana) was ratified on 22 December 1947 by the Constituent Assembly, with 453 votes in favour and 62 against, before coming into force on 1 January 1948, one century after the previous Constitution of the Kingdom of Italy had been enacted.^[1] The text, which has since been amended sixteen times,^[2] was promulgated in an extraordinary edition of Gazzetta Ufficiale on 27 December 1947.^[3]

The

Constituent Assembly

others

(7)

Piero Calamandrei, a professor of law, an authority on civil procedure, spoke in 1955 about World War II and the formation of the Italian constitution:

If you want to go on a pilgrimage to the place where our constitution was created, go to the mountains where partisans fell, to the prisons where they were incarcerated and to the fields where they were hanged. Wherever an Italian died to redeem freedom and dignity, go there, young people, and ponder: because that was where our constitution was born.^[6]

The groups that composed the Constituent Assembly covered a wide range of the

All the different political and social views of the Assembly contributed in shaping and influencing the final text of the Constitution. For example, constitutional protections concerning

There were 556 members of the Constituent Assembly, of which 21 were women, with 9 from the

Provisions

The Constitution[12] is composed of 139 articles (five of which were later abrogated) and arranged into three main parts: Principi Fondamentali, the Fundamental Principles (articles 1–12); Part I concerning the Diritti e Doveri dei Cittadini, or Rights and Duties of Citizens (articles 13–54); and Part II the Ordinamento della Repubblica, or Organisation of the Republic (articles 55–139); followed by 18 Disposizioni transitorie e finali, the Transitory and Final Provisions.

It is important to note that the Constitution primarily contains general principles; it is not possible to apply them directly. As with many written constitutions, only few articles are considered to be self-executing. The majority require enabling legislation, referred to as accomplishment of constitution.^[13] This process has taken decades and some contend that, due to various political considerations, it is still not complete.

Preamble

The preamble to the Constitution consists of the enacting formula:

The provisional Head of State, by virtue of the deliberations of the Constituent Assembly, which in the session of 22 December 1947 approved the Constitution of the Italian Republic; by virtue of Final Provision XVIII of the Constitution; promulgates the Constitution of the Italian Republic in the following text:

Fundamental Principles (Articles 1–12)

The Fundamental Principles declare the foundations on which the Republic is established, starting with its democratic nature, in which the sovereignty belongs to the people and is exercised by the people in the forms and within the limits of the Constitution. The Principles^[12] recognise the dignity of the person, both as an individual and in social groups, expressing the notions of solidarity and equality without distinction of sex, race, language, religion, political opinion, personal and social conditions. For this purpose, the right to work is also recognized, with labour considered the foundation of the Republic and a mean to achieve individual and social development: every citizen has a duty to contribute to the development of the society, as much as they can, and the Government must ensure the freedom and equality of every citizen.

While the Principles recognise the

.

The State and the Catholic Church are recognised as independent and sovereign, each within its own sphere. Freedom of religion is also recognised, with all religions having the right of self-organisation, as long as they don't conflict with the law, and the possibility to establish a relation with the State through agreements. In particular, Article 7 recognises the Lateran Treaty of 1929, which gave a special status to the Catholic Church, and allows modification to such treaty without the need of constitutional amendments. In fact, the treaty was later modified by a new agreement between church and state in 1984.^[14]

The Principles mention the

, on condition of equality with other countries, if necessary to achieve these goals.

The last of the Principles establishes the Italian tricolour as the flag of Italy: green, white and red, in three vertical bands of equal dimensions.

Rights and Duties of Citizens (Articles 13–54)

Civil Relations (Articles 13–28)

Articles 13–28 are the Italian equivalent of a bill of rights in common law jurisdictions. The Constitution^[12] recognises habeas corpus and the presumption of innocence; violations of personal liberties, properties and privacy are forbidden without an order of the Judiciary stating a reason, and outside the limits imposed by the law.

Every citizen is

Criminal Code

.

Every citizen is protected from

retroactive laws

are not recognized, therefore nobody can be convicted for an action which was not illegal at the time in which it took place.

involved.

Ethical and Social Relations (Articles 29–34)

The Constitution

. The fulfilment of such duties is provided by the law in the case of incapacity of the parents.

.

to families and other benefits can be assigned by the Republic through competitive examinations.

Economic Relations (Articles 35–47)

According to the Constitution,

.

right to strike

is recognised within the limits of the law.

The Constitution recognises

credit operations

are encouraged, protected and overseen.

Political Relations (Articles 48–54)

Article 48

The right to vote cannot be restricted except for civil incapacity, irrevocable penal sentences or in cases of moral unworthiness as laid down by the law.

. Every elected official is entitled to the time needed to perform that function and to retain a previously held job.

Article 52 states that the defence of the homeland is mandatory and the "sacred duty for every citizen". It also stipulates that national service is performed within the limits and in the manner set by law. Since 2003, Italy has no more conscription, even though it can be reinstated if required. The fulfilment of which cannot prejudice a citizen's employment, nor the exercise of political rights. Particular mention is given to the democratic spirit of the Republic as the basis for the regulation of the armed forces.

The Constitution establishes a progressive form of taxation, which requires every citizen to contribute to public expenditure in accordance with their capability. Also, Article 54 states that every citizen has the duty to be loyal to the Republic and to uphold its Constitution and laws. Elected officials have the duty to fulfil their functions with discipline and honour, taking an oath to that effect in those cases established by law.

Organisation of the Republic (Articles 55–139)

Power is divided among the executive, the legislative and judicial branches; the Constitution establishes the balancing and interaction of these branches, rather than their rigid separation.^[21]

Parliament (Articles 55–82)

The Houses (Articles 55–69)

Senate of the Republic

Article 55

only in cases established by the Constitution.

The Chamber of deputies is elected by

voters

over the age of twenty-five are eligible to be deputies.

The Senate of the Republic is elected by

fields. All voters over the age of forty are eligible to be senators.

Disqualifications for the office of deputy or senator are determined by law

are extended

.

In default of any other provisions, Parliament has to be convened on the first working day of February and October.

for decisions in each House and in a joint session is a majority of the members, and the Constitution prescribes the majority required of those present for passing a decision.

Members of Parliament do not have a binding mandate, cannot be held accountable for the opinions expressed or votes cast while performing their functions, and cannot be submitted to personal or home search, arrested, detained or otherwise deprived of personal freedoms without the authorisation of their House, except when a final court sentence is enforced, or when the member is apprehended in flagrante delicto.

The salary of the members of Parliament is established by law.

Legislative Process (Articles 70–82)

Article 70

and the approval of budgets and accounts. The rules shall also establish the ways in which the proceedings of Committees are made public.

After the approval by the Parliament, laws are promulgated by the President of the Republic within one month or a deadline established by an absolute majority of the Parliament for laws declared urgent. A law is published immediately after promulgation and comes into force on the fifteenth day after publication, unless otherwise established. The President can veto a bill and send it back to Parliament stating a reasoned opinion. If such law is passed again, the veto is overruled and the President must sign it.

The Constitution recognises general

are not recognised. Any citizen entitled to vote for the Chamber of Deputies has the right to vote in a referendum, and if the majority of those eligible has voted and a majority of valid votes has been achieved, the referendum is considered carried.

The

from the Parliament. Temporary measures shall lose effect from the beginning if not transposed into law by the Parliament within sixty days of their publication. Parliament may regulate the legal relations arisen from the rejected measures.

The Constitution gives to the Parliament the authority to

through a law having a two-thirds majority in both Houses, on each section and on the final vote, and having a deadline for implementation. Such amnesties and pardons cannot be granted for crimes committed after the introduction of such bill.

Parliament can authorise by law the ratification of such

international treaties

as have a political nature, require arbitration or a legal settlement, entail change of borders, spending or new legislation.

Budget and financial statements introduced by the

Both Houses can conduct enquiries on matters of public interest, through a Committee of its Members representing the proportionality of existing

.

The President of the Republic (Articles 83–91)

The

.

Any citizen over fifty enjoying civil and political rights can be elected president. Those citizens who already hold any other office are barred from becoming president, unless they resign their previous office once they are elected. The salary and privileges of the president are established by law.

In all the cases in which the president is unable to perform the functions of the Office, these shall be performed by the President of the Senate of the Republic. In the event of permanent incapacity, death or resignation of the President of the Republic, the President of the Chamber of Deputies must call an election of a new President of the Republic within fifteen days, notwithstanding the longer term envisaged during dissolution of the Parliament or in the three months preceding dissolution.

According to the Constitution, the primary role of the president, as head of the state, is to represent the national unity. Among the powers of the president are the capacity to

• send messages to
  Government
  , and promulgate laws, decrees and regulations,
• dissolve one or both Houses of Parliament, in consultation with their presidents, except during the last six months of his term (known as the semestre bianco), unless that period coincides at least in part with the final six months of the Parliament,
• call a general referendum under certain circumstances established by the Constitution,
• appoint State officials in the cases established by law,
• accredit and receive diplomats, and ratify
  international treaties
  , after the Parliament's authorisation when required,
• make declarations of war agreed upon by the Parliament, as commander-in-chief of the armed forces,
• grant
  honorary distinctions of the Republic
  .

The President also presides over the High Council of the Judiciary and the Supreme Council of Defence. A

.

The President is

by the Parliament in joint session, with an absolute majority of its members.

Before taking office, the President must take an oath of allegiance to the Republic and pledge to uphold the Constitution before the Parliament in joint session.

The Government (Articles 92–100)

The Council of Ministers (Articles 92–96)

Palazzo Chigi, official residence of the President of the Council of Ministers

The Government of the Republic

motion of no-confidence

can be presented. It 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.

The primary function of the President of the council is to conduct the general policy of the Government, holding responsibility for it. The President of the Council ensures the coherence of political and administrative policies, by promoting and co-ordinating the activities of the Ministers. The Ministers are collectively responsible for the acts of the

Council of Ministers

. They are also individually responsible for the acts of their own ministries.

The organisation of the Presidency of the council, as well as the number, competence and organisation of the ministries is established by law. The

.

Public Administration (Articles 97–98)

Palazzo Chigi

General government entities must ensure a

The organisation of public offices is established by the law,[12] in order 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.

, they cannot be promoted in their services, except through seniority. Limitations are established by law 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.

Auxiliary Bodies (Articles 99–100)

The

on those matters and those functions attributed to it by law. It can initiate legislation and may contribute to drafting economic and social legislation according to the principles and within the limitations laid out by law.

The

. It reports directly to Parliament on the results of audits performed. The law ensures the independence from the Government of the two bodies and of their members.

The Judicial Branch (Articles 101–113)

The Organisation of the Judiciary (Articles 101–110)

Article 101

are prohibited, while only specialised sections for specific matters within the ordinary judicial bodies can be established, and must include the participation of qualified citizens who are not members of the Judiciary. The provisions concerning the organisation of the Judiciary and the judges are established by law, ensuring the independence of judges of special courts, of state prosecutors of those courts, and of other persons participating in the administration of justice. Direct participation of the people in the administration of justice is also regulated by law.

The

.

The High Council of the Judiciary is presided over by the

while in office.

The council has jurisdiction for employment, assignments and transfers, promotions and disciplinary measures of judges, following the regulations established by the Judiciary.

by the council.

Judges cannot be removed, dismissed or suspended from office or assigned to other courts or functions unless by a decision of the council, following the rules established by the Judiciary or with the consent of the judges themselves. Judges are distinguished only by their different functions, and the state prosecutor enjoys the guarantees established by the Judiciary.

The legal authorities have direct use of the judicial police. The

is responsible for the organisation and functioning of those services involved with justice and has the power to originate disciplinary actions against judges, which are then administered by the High Council of the Judiciary.

Rules on Jurisdiction (Articles 111–113)

are conducted.

The formation of evidence is based on the principle of adversary hearings and the laws 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. Presumption of innocence is recognised and the guilt of the defendant cannot be established on the basis of statements by persons who by choice have always avoided cross-examination by the defendant or the defence counsel.

All judicial decisions must include a statement of reasons, and

.

The public prosecutor has the obligation to institute criminal proceedings. The judicial safeguarding of rights and legitimate interests before the bodies of ordinary or administrative justice is always permitted against acts of the public administration. Such judicial protection cannot 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.

Regions, Provinces, Municipalities (Articles 114–133)

According to Article 114

of the Republic, and its status is regulated by law.

The Constitution grants the

international treaties

, besides the already mentioned autonomous status granted to some Regions.

The Constitution gives the State exclusive legislative power in matters of

• register offices
  ;
• relations between the Republic and religious denominations;
• armaments
  , ammunition and explosives;
• the
  public accounts;^[24]
• state bodies and relevant
  Municipalities, Provinces and Metropolitan Cities
  ;
• legal and administrative organisation of the State and of national public agencies,
  police
  ;
• jurisdiction and procedural law; civil and criminal law; administrative judicial system;
• determination of the basic level of benefits relating to
  prophylaxis
  ;
• cultural heritage
  .

Concurring legislation applies to the following subject matters: international and EU relations of the

, 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

and European measures, in the limits established by the law.

Regulatory powers is 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 are vested in the Regions in all other subject matters.

in the cases and according to the forms laid down by State legislation.

The administrative functions that are not attributed to the

.

The Constitution grants Municipalities, Provinces, Metropolitan Cities and Regions to have revenue and expenditure autonomy, although subjected to the obligation of a

or to achieve goals other than those pursued in the ordinary implementation of their functions.

The Constitution grants Municipalities, Provinces, Metropolitan Cities and Regions to have their own properties, allocated to them pursuant to general principles laid down in State legislation.

on loans contracted for this purpose are prohibited.

co-operation

.

The Constitution establishes the bodies of each Region as the Regional Council, the Regional Executive and its president. The Regional Council exercises the

direct suffrage

, unless the regional statute provides otherwise. The elected president can appoint and dismiss the members of the Executive.

The Statute of each Region, in compliance with the Constitution, lays down the form of government and basic principles for the organisation of the Region and the conduct of its business. The statute also regulate the right to initiate legislation and promote referendums on the laws and administrative measures of the Region as well as the publication of laws and of regional regulations. Regional Council can adopt or amend with a law approved by an absolute majority of its members, with two subsequent deliberations at an interval of not less than two months, and not requiring the approval of the Government commissioner. The

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

The Constitutions allows administrative tribunals of the first instance in the Region, in accordance with the law, with sections which can be established in places other than the regional capital.

The President of the Republic, as protector of the Constitution, can dissolve Regional Councils and remove the President of the Executive with a reasoned decree, in the case of acts in contrast with the Constitution or grave violations of the law, or also for reasons of national security. Such decree is adopted after consultation with a committee of Deputies and Senators for regional affairs which is set up in the manner established by the law. The President of the Executive can also be removed through a motion of no confidence by the Regional Council, 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 cannot be debated before three days have elapsed since its introduction. The adoption of a no confidence motion against a President of the Executive elected by universal and direct suffrage, and the removal, permanent inability, death or voluntary resignation of the President of the Executive entail the resignation of the Executive and the dissolution of the council. The same effects are produced by the simultaneous resignation of the majority of the Council members.

The

within sixty days from its publication, when it deems that the regional law exceeds the competence of the Region; while a Region can challenge the constitutional legitimacy of a State or regional law before the Constitutional Court within sixty days from its publication, when it deems that said law infringes upon its competence.

Articles 115, 124, 128, 129, 130 have been repealed, and therefore have not been discussed.

Article 131 establishes the following

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. 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, can establish through its laws new Municipalities within its own territory and modify their districts and names.

Constitutional Guarantees (Articles 134–139)

The Constitutional Court (Articles 134–137)

Article 134^[12] states that the Constitutional Court shall pass judgement on

• controversies on the constitutional legitimacy of laws and enactments having force of law issued by the State and Regions;
• conflicts arising from allocation of powers of the State and those powers allocated to State and Regions, and between Regions;
• charges brought against the President of the Republic, according to the provisions of the Constitution.

The Constitutional Court is composed of fifteen judges, a third nominated by the

, and they cannot be re-appointed. At the expiration of their term, the constitutional judges must leave office and the exercise of the functions thereof. The President of the Court is elected for three years and with the possibility of re-election from among its members, in accordance with the law and respecting in all cases the expiry term for constitutional judges. The office of constitutional judge is incompatible with .

When a law is declared

, and guarantees on the independence of constitutional judges. Ordinary laws establishes the other provisions necessary for the constitution and the functioning of the Court. No appeals are allowed against the decision of the Constitutional Court.

Amendments to the Constitution. Constitutional Laws (Articles 138–139)

Laws amending the Constitution

members

.

Article 139 states that the form of Republic shall not be a matter for constitutional amendment, thus effectively barring any attempt to restore the monarchy.

Transitory and Final Provisions (Provisions I–XVIII)

The transitory and final provisions

.

The Provisions provide a general timeline for the implementation of the Constitution. For example, Article 80 on the question of

begins its functions, the decision on controversies indicated in Article 134 will be conducted in the forms and within the limits of the provisions already in existence before the implementation of the Constitution.

The Provisions call for the election of the

and the legislative jurisdiction attributed to the Regions. Furthermore, up to five years after the implementation of the Constitution, other Regions can be established by constitutional laws, thus amending the list in Article 131, and without the conditions required under the first paragraph of Article 132, without prejudice, however, to the obligation to consult the peoples concerned.

Provision XII forbids the reorganisation of the dissolved

Heraldic Council

is suppressed.

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

, the Constituent Assembly can be convened to decide on matters attributed by law to its jurisdiction. The Provisions also detail the temporary functions of the Standing Committees, the Legislative Committees, and the Deputies.

Provision XVIII calls for the promulgation of the Constitution by the

.

Amendments

See also:

2020

In order to make it virtually impossible to replace with a dictatorial regime, it is difficult to modify the Constitution; to do so (under Article 138) requires two readings in each House of Parliament and, if the second of these are carried with a majority (i.e. more than half) but less than two-thirds, a referendum. Under Article 139, the republican form of government cannot be reviewed. When the Constituent Assembly drafted the Constitution, it made a deliberate choice in attributing to it a supra-legislative force, so that ordinary legislation could neither amend nor derogate from it.[27] Legislative acts of parliament in conflict with the Constitution are subsequently annulled by the Constitutional Court.

Three Parliamentary Commissions have been convened in 1983–1985, 1992–1994 and 1997–1998 respectively, with the task of preparing major revisions to the 1948 text (in particular Part II), but in each instance the necessary political consensus for change was lacking.^[28]

The text of the Constitution has been amended 16 times. Amendments have affected articles 48 (postal voting), 51 (women's participation), 56, 57 and 60 (composition and length of term of the

); 68 (indemnity and immunity of members of Parliament); 79 (amnesties and pardons); 88 (dissolution of the Houses of Parliament); 96 (impeachment); 114 to 132 (Regions, Provinces and Municipalities in its entirety); 134 and 135 (composition and length of term of the Constitutional Court). In 1967 articles 10 and 26 were integrated by a constitutional provision which established that their last paragraphs (which forbid the extradition of a foreigner for political offences) do not apply in case of crimes of genocide.

Four amendments were presented during the thirteenth legislature (1996–2001), these concerned parliamentary representation of Italians living abroad; the devolution of powers to the Regions; the direct election of

and a new provision intended to encourage women's participation in politics.

Further amendments are being debated, but for the time being 61.32% of those voting in the

but in 2014 its parts on bicameralism has been resumed by Renzi Government in a partially different draft.

In 2007, the constitution was amended making capital punishment illegal in all cases (before this the Constitution prohibited the death penalty except "in the cases provided for by military laws in case of war;" however, no one had been sentenced to death since 1947 and the penalty was abolished from military law in 1994).^[34]

Articles 81, 97, 117 and 119

.

Articles 56, 57, and 59^[35] were amended on 19 October 2020, reducing the total number of parliamentarians by about one third, and capping the total number of senators for life appointed by the President at five in all cases.

Article 58^[36] was amended on 18 October 2021, lowering the voting age for the Senate from 25 to 18 years old, the same as the Chamber of Deputies.

Articles 9 and 41 were amended on 8 February 2022, introducing legal frameworks for the protection of the environment, the biodiversity, and the ecosystems.^[37]

Notable Members of the Constituent Assembly

The following is a list of notable members of the Constituent Assembly:^[38]

See also

Former constitutions

• First Cisalpine Constitution (1797)
• Second Cisalpine Constitution (1798)
• Third Cisalpine Constitution
  (1801)
• Italian Constitution (1802)
• Constitutional Statute of Italy (1805)
• Statuto Albertino (1848)

Others

• Birth of the Italian Republic
• Constitutional laws of Italy
• History of Italy
• Politics of Italy
• Post-World War II Basic Law for the Federal Republic of Germany
• Post-World War II Constitution of Japan
• Rule according to higher law
• Treaty establishing a Constitution for Europe
• Treaty of Peace with Italy, 1947

Notes

Footnotes

References

External links

Wikisource has original text related to this article:

Constitution of Italy

• La Costituzione della Repubblica Italiana Senato della Repubblica (in Italian)
• The Constitution of the Italian Republic Senate of the Republic (in English)
• Guide to Italian Legal Research and Resources on the Web
• The Members of the Constituent Assembly (in Italian)
• Archive footage of the Signing of the Constitution (in Italian)