Constitutional Court of Italy

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Constitutional Court
Palazzo della Consulta Roma 2006.jpg
Established1948 (in the Constitution)
1955 (effective)
LocationRome, Italy
Composition methodElected/appointed in equal portions by Italian Parliament, President of the Italian Republic, and highest Italian courts
Authorized byConstitution of Italy
Judge term length9 years (not renewable)
Number of positions15
WebsiteOfficial website
President of the Court
CurrentlyGiuliano Amato
Since29 January 2022

The Constitutional Court of the Italian Republic (Italian: Corte costituzionale della Repubblica Italiana) is the highest court of Italy in matters of constitutional law. Sometimes, the name Consulta is used as a metonym for it, because its sessions are held in Palazzo della Consulta in Rome.

History

The court is a post-World War II innovation.

The Court was established by the republican Constitution of Italy in 1948, but it became operative only in 1955 after the enactment of the Constitutional Law n. 1 of 1953 and the Law n. 87 of 1953.[1] It held its first hearing in 1956.

Powers

According to Article 134[2] of the Constitution, the Court shall pass judgement on

  • controversies on the constitutional legitimacy of laws issued by the State and Regions and when the Court declares a law unconstitutional, the law ceases to have effect the day after the publication of the ruling;
  • 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.

The constitutional court passes on the constitutionality of laws with no right of appeal.

Since 12 October 2007, when reform of the Italian intelligence agencies approved in August 2007 came into force, the pretext of state secret cannot be used to deny access to documents by the Court.

Composition

The Constitutional Court is composed of 15 judges for the term of service of nine years: 5 appointed by the President, 5 elected by the Parliament of Italy[3] and 5 elected by the ordinary and administrative supreme courts. Candidates need to be either lawyers with twenty years or more experience, full professors of law, or (former) judges of the Supreme Administrative, Civil and Criminal tribunals.[4] The members then elect the President of the Court, since 16 September 2020 this has been Mario Rosario Morelli. The President is elected from among its members in a secret ballot, by an absolute majority (8 votes in the case of a full court). If no person gets a majority, a runoff election between the two judges with the most votes occurs. The President of the Court appoints one or more vice-presidents to stand in for him in the event of his absence for any reason.

Current membership

Appointed by

  President of Italy   Courts of Italy   Parliament of Italy

Portrait Name Profession Appointed by Appointed on Date sworn in End of term Type of membership
Giuliano Amato - Festival Economia 2013.JPG
Giuliano Amato
(1938– )
University professor President
(Giorgio Napolitano)
12 September 2013 18 September 2013 18 September 2022 President
(since 29 January 2022)
Daria de Pretis crop.jpg
Daria de Pretis
(1956– )
University professor President
(Giorgio Napolitano)
18 October 2014 11 November 2014 11 November 2023 Vice president
(since 29 January 2022)
Nicolò Zanon crop.jpg
Nicolò Zanon
(1961– )
University professor, lawyer President
(Giorgio Napolitano)
18 October 2014 11 November 2014 11 November 2023 Vice president
(since 29 January 2022)
Silvana Sciarra.jpg
Silvana Sciarra
(1948– )
University professor Parliament
(17th Legislature)
6 November 2014 11 November 2014 11 November 2023 Vice president
(since 29 January 2022)
Franco Modugno.jpg
Franco Modugno
(1938– )
University professor Parliament
(17th Legislature)
16 December 2015 21 December 2015 21 December 2024 Judge
Augusto Antonio Barbera.jpg
Augusto Barbera
(1938– )
University professor Parliament
(17th Legislature)
16 December 2015 21 December 2015 21 December 2024 Judge
Giulio Prosperetti.jpg
Giulio Prosperetti
(1946– )
University professor, lawyer Parliament
(17th Legislature)
16 December 2015 21 December 2015 21 December 2024 Judge
Giovanni Amoroso crop.jpg
Giovanni Amoroso
(1949– )
Magistrate Courts
(Court of Cassation)
26 October 2017 13 November 2017 13 November 2026 Judge
Francesco Viganò crop.jpg
Francesco Viganò
(1966– )
University professor, lawyer President
(Sergio Mattarella)
24 February 2018 8 March 2018 8 March 2027 Judge
Luca Antonini (cropped).jpg
Luca Antonini
(1963– )
University professor, lawyer Parliament
(18th Legislature)
19 July 2018 26 July 2018 26 July 2027 Judge
Stefano Pettiti 2019.jpg
Stefano Petitti
(1953–)
Magistrate Courts
(Court of Cassation)
28 November 2019 10 December 2019 10 December 2028 Judge
Buscema01 (cropped).jpg
Angelo Buscema
(1952– )
Magistrate Courts
(Court of Audit)
12 July 2020 15 September 2020 15 September 2029 Judge
Corte Costituzionale.png
Emanuela Navarretta
(1966– )
University professor President
(Sergio Mattarella)
9 September 2020 15 September 2020 15 September 2029 Judge
Corte Costituzionale.png
Maria Rosaria San Giorgio
(1952– )
Magistrate Courts
(Court of Cassation)
16 December 2020 17 December 2020 17 December 2029 Judge
Filippo Patroni Griffi.jpg
Filippo Patroni Griffi
(1955– )
Magistrate Courts
(Council of State)
15 December 2021 29 January 2022 29 January 2031 Judge

See also

References

  1. ^ url=http://www.governo.it/Presidenza/CONTENZIOSO/contenzioso_costituzionale/documentazione/L_19530311_87.pdf
  2. ^ "The Italian Constitution". The official website of the Presidency of the Italian Republic.
  3. ^ Parliament appoints judges with increasing delay: see (in Italian)Giuseppe Salvaggiulo, Consulta, sfregio infinito. Ventisei votazioni fallite, in La Stampa, 3 October 2015 and (in Italian)Giampiero Buonomo, Negoziazione politica e Parlamento...Non solo risate, in Avanti online, 26 August 2015.
  4. ^ Justin O. Frosini and Sara Pennicino (2 February 2007). "Report from Italy". thecourt.ca. Archived from the original on 30 January 2015. Retrieved 29 January 2015.

External links

Coordinates: 41°53′57″N 12°29′15″E / 41.8991°N 12.4875°E / 41.8991; 12.4875