The Constitution

COSTITUZIONE DELLA REPUBBLICA ITALIANA

IL CAPO PROVVISORIO DELLO STATO

VISTA la deliberazione dell'Assemblea Costituente, che nella seduta

del 22 dicembre 1947 ha approvato la Costituzione della Repubblica

Italiana;

VISTA la XVIII disposizione finale della Costituzione;

PROMULGA

la Costituzione della Repubblica Italiana nel seguente testo:

PRINCIPI FONDAMENTALI

ART. 1.

Italy is a democratic republic founded on labour.

Sovereignty belongs to the people, who exercise it in the manner and within the limits provided for by the Constitution.

ART. 2.

The Italian Republic acknowledges and guarantees the inviolable rights of man, both as an individual and within the social groups in which one’s personality is expressed. The Italian Republic requires that the fundamental duties of political, economic and social solidarity be fulfilled.

ART. 3.

All citizens possess equal social dignity and are equal before the law, without distinction of sex, race, language, religion and political orientation, personal and social conditions. It is the duty of the Italian Republic to remove economic and social obstacles which, by limiting the freedom and equality of citizens, prevent the full development of the natural person and the actual participation of all workers in the political, economic and social organisation of the country.

ART. 4.

The Italian Republic acknowledges the right of all citizens to work and shall promote conditions which will make this right effective. Every citizen has the duty, in accordance with their capability and choice, to perform an activity or function that contributes to the material or spiritual progress of society.

ART. 5.

The Italian Republic, one and indivisible, acknowledges and promotes local self-governments and shall implement the greatest degree of administrative decentralisation in services which depend on the State; it shall adapt the principles and methods of law-making to the requirements of autonomy and decentralisation.

ART. 6.

The Italian Republic shall safeguard linguistic minorities by means of special measures.

ART. 7.

The State and the Catholic Church are, each within its own sphere, independent and sovereign. Their relations are governed by the Lateran Pact.

ART. 8.

All religious denominations shall enjoy equal freedom before the law. Religious denominations other than Catholicism have the right to organise themselves in accordance with their own bylaws, provided that these are not in conflict with the Italian legal system. Their relations with the State shall be regulated by law based on agreements with their respective representatives.

ART. 9.

The Italian Republic shall promote the development of culture and of scientific and technical research. It shall safeguard the natural beauties and the historical and artistic heritage of the nation. It shall safeguard the environment, biodiversity and ecosystems, also in the interest of future generations. State law shall regulate the methods and means of safeguarding animals.

ART. 10.

The Italian legal system conforms to the generally acknowledged provisions of international law. The legal status of foreigners shall be regulated by law in compliance with international provisions and treaties. Foreigners who, in their own country, are denied the actual exercise of the democratic freedoms guaranteed by the Italian Constitution shall have the right of asylum in the territory of the Italian Italian Republic, in accordance with the conditions set forth by law. The extradition of a foreigner for political offences shall not be permitted.

ART. 11.

Italy shall repudiate war as an instrument of aggression against the freedom of other peoples and as a means of settling international disputes; it shall consent, on conditions of equality with other states, to sovereignty limitations required for a world order that ensures peace and justice among nations. Italy shall promote and

encourage international organisations furthering such ends.

ART. 12.

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

PARTE 1

DIRITTI E DOVERI DEI CITTADINI

TITOLO 1

RAPPORTI CIVILI

ART. 13.

Personal liberty shall be inviolable. No form of detention, inspection or personal search nor any other restriction of personal freedom shall be tolerated, save by a measure for which reasons must be stated issued by a judicial authority, and only in such cases and in the manner provided for by law. In exceptional cases of necessity and urgency, strictly defined by the law, law enforcement 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 following forty-eight hours, they shall be revoked and deemed null and void. Any act of physical and moral violence against persons subjected to restrictions of personal liberty shall be punished. The law shall establish the maximum period of preventive detention.

ART. 14.

Personal domicile shall be inviolable. It shall not be subject to inspections, searches or seizures. save in cases and in the manner set forth by law and in accordance with guarantees prescribed for safeguarding personal liberty. Checks and inspections for reasons of public health and safety or for economic and taxation purposes shall be regulated by specific laws.

ART. 15.

The freedom and confidentiality of correspondence and of every other form of communication shall be inviolable. Restrictions thereto may be imposed only by a measure for which reasons must be stated, issued by a judicial authority in accordance with guarantees set forth by law.

ART. 16.

Every citizen shall move or reside freely in any part of the national territory, save for such general limitations as may be set forth by law for reasons of health or security. No restrictions may be imposed for political reasons. Every citizen shall be free to leave and enter the territory of the Italian Republic of Italy, save for obligations set forth by law.

ART. 17.

Citizens shall have the right to peaceful and unarmed assembly. No prior notice is required for meetings, including those held in places open to the public. In case of meetings held in public places, prior notice shall be given to the authorities, who may prohibit them only for proven security or public safety reasons.

ART. 18.

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

ART. 19.

Everyone shall have the right to freely profess their religious beliefs in any form, individually or in association, to promote them and to worship in private or public, provided that the religious rites are not contrary to public decency.

ART. 20.

No special legislative limitation or tax burden shall be imposed on the establishment, legal capacity or activities of any association or institution on the ground of its ecclesiastical nature or its religious or worship scope.

ART. 21.

Everyone has the right to freely express their ideas through speech, in writing and by any other means of communication. The press shall not be subjected to authorisation or censorship. Seizure shall be permitted only by a measure for which reasons must be stated issued by the judicial authority, in the case of offences for which the law governing the press grants express authorisation, or in the case of violation of its provisions concerning the disclosure of the identity of those responsible for such offences. In such cases, when it is a matter of extreme urgency and when prompt intervention of the judicial authority is not possible, periodical publications may be seized by officers of the judicial police, who shall immediately, 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 shall be deemed to be withdrawn and null and void. The law may introduce general provisions for the disclosure of the financial sources of the periodical publications. Printed publications, public performances and any other events contrary to public decency are forbidden. The law shall provide for appropriate measures for the prevention and repression of all violations.

ART. 22.

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

ART. 23.

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

ART. 24.

All persons may take legal action to protect their individual rights and legitimate interests. The right to defence shall be inviolable at every stage and instance of legal proceedings. The indigent shall be assured, by appropriate measures, the means for legal action and defence in all courts. The conditions and means of redress for judicial errors shall be determined by law.

ART. 25.

No one’s case shall be removed from the jurisdiction of the defendant’s natural court set forth previously by law. No one shall be punished save on the basis of a law which was in force at the time the offence was committed. No one shall be subjected to restrictive measures save in such cases as provided for by law.

ART. 26.

Extradition of a citizen may be permitted only in such cases as are expressly provided for in international conventions. It shall in no wise be permitted for an offence of a political nature.

ART. 27.

Criminal responsibility is personal. The defendant shall not be considered guilty until the final sentence has been passed. Punishment may not consist of inhuman treatment and must aim at the rehabilitation of the convicted person. The death penalty shall not be permitted.

ART. 28.

Officials and employees of the State and public bodies shall be held directly liable, under criminal, civil and administrative law, for acts performed in violation of rights. In such cases, civil liability shall extend to the State and public bodies.

TITOLO 2

RAPPORTI ETICO-SOCIALI

ART. 29.

The Italian Republic acknowledges the rights of the family as a natural institution founded on marriage. Marriage is based on the moral and legal equality of the spouses within the limits set forth by law to guarantee the unity of the family.

ART. 30.

It shall be the duty and right of parents to support, educate and raise their children, even if born out of wedlock. Should the parents be unable to, the law shall provide for the fulfilment of their duties. The law shall ensure that children born out of wedlock receive every form of legal and social protection consistent with the rights of the members of the legitimate family. The law shall lay down the provisions and limitations for ascertaining paternity.

ART. 31.

The Italian Republic shall, through economic measures and other benefits, encourage the creation of families and the fulfilmefavouringcorresponding duties, with special regard to large families. The Italian Republic shall protect mothers, children and the young, favoring the institutions that are necessary to that end.

ART. 32.

The Italian Republic shall safeguard health as a fundamental right of the individual and as a social interest and shall guarantee free medical care to the indigent. No one shall be forced to undergo medical treatment unless provided for by law. In no case shall the law violate the limits imposed by respect for the natural person.

ART. 33.

The arts and sciences are free, as shall be their teaching. The Italian Republic shall lay down general provisions for education and shall establish state schools for all levels and grades. Public and private bodies shall have the right to establish schools and educational institutions at no cost to the State. The law, in establishing the rights and obligations for non-state schools requesting equal status with state schools, shall ensure that they enjoy full liberty and offer their pupils educational conditions equivalent to those afforded to pupils in state schools. A state examination is prescribed for admission to and graduation from the various school levels and grades and to qualify for a profession. Institutions of higher learning, universities and academies, shall have the right to adopt autonomous bylaws within the limits set forth by the laws of the State.

ART. 34.

School shall be open to everyone. Primary education, which is provided for at least eight years, shall be compulsory and free. The able and the deserving, including those without adequate financial resources, shall have the right to attain the highest levels of education. The Italian Republic shall make this right effective by means of grants and scholarships, allowances to families and other benefits, which shall be assigned through competitive examinations.

TITOLO 3

RAPPORTI ECONOMICI

ART. 35.

The Italian Republic shall protect labour in all its forms and practices. It shall provide for the training and advancement of workers. It shall promote and encourage accords and international organisations whose aim it is to establish and regulate labour rights. It shall acknowledge the freedom to emigrate, save for the obligations set out by law in the general interest, and shall safeguard Italian workers abroad.

ART. 36.

Workers have the right to a remuneration proportional to the quantity and quality of their work and, in any case, sufficient to ensure them and their families a free and dignified existence. The law shall establish the maximum daily working hours. Workers shall have the right to a weekly rest day and paid annual holidays, which they cannot waive.

ART. 37.

Working women shall have the same rights and, the work being equal, the same remuneration as working men. Working conditions must allow women to fulfil their essential role in the family and ensure specific appropriate protection for the mother and child. The law shall establish the minimum age for paid work. The Italian Republic shall safeguard juvenile labour by means of specific measures and shall guarantee them, the work being equal, the right to equal pay.

ART. 38.

Every citizen unable to work and lacking the necessary means of subsistence shall have the right to maintenance and social support. Workers shall have the right to envisage and be assured adequate means for their subsistence needs in the event of an accident, illness, disability, old age and involuntary unemployment. The unfit and disabled shall have the right to education and vocational training. The duties set forth in this article shall be performed by bodies and institutions established or supported by the State. Private healthcare shall have the right to operate freely.

ART. 39.

Trade unions shall have the right to organise themselves freely. No obligations shall be imposed on trade unions other than registration at local or central offices, according to the provisions of law. A condition for registration of trade unions is that their bylaws set forth their internal organisation on a democratic basis. Registered trade unions have legal status. They may, through a unified representation proportional to their membership, enter into collective labour contracts which shall be mandatory for all persons belonging to the industry referred to in the contract.

ART. 40.

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

ART. 41.

Private economic enterprises shall have the right to operate freely. It cannot be carried out in conflict with social utility or in such a manner as may harm health, the environment, safety, liberty and human dignity. The law shall determine appropriate programmes and checks to ensure that public and private economic enterprise activity be directed at and coordinated for social and environmental purposes.

ART. 42.

Property may be public or private. Economic assets belong to the State, to bodies or to private persons. Private property is acknowledged and guaranteed by the law, which determines the manner by which it may be acquired and enjoyed as well as 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 shall establish the regulations and limits of legitimate and testamentary succession and the rights of the State in matters of inheritance.

ART. 43.

For purposes of general utility, the law may reserve from the outset or transfer, by means of expropriation and payment of compensation, to the State, public bodies or communities of workers or users, specific enterprises or categories of enterprises related to essential public services, energy sources or monopolistic situations and which are of primary public interest.

ART. 44.

For the purpose of securing the rational capitalisation of land and establishing equitable social relationships, the law shall impose obligations on and limitations to the private ownership of land; it sets limitations to the size of holdings depending on the regions and agricultural areas; it shall promote and impose land reclamation, the conversion of large agricultural estates and the reorganisation of crop production units; it assists small and medium-sized holdings. The law shall make provisions in favour of mountainous areas.

ART. 45.

The Italian Republic acknowledges the social function of co-operation of a mutualistic, non-speculative nature. The law shall promote and favour it through appropriate means and, through suitable checks, ensure its character and scope. The law shall safeguard and promote artisanal work.

ART. 46.

For the economic and social betterment of labour and in accordance with production requirements, the Italian Republic shall acknowledge the rights of workers to take part in the management of companies, in the manner and within the limits set forth by law.

ART. 47.

The Italian Republic shall encourage and safeguard savings in all forms; it shall regulate, co-ordinate and monitor the provision of credit. It shall promote the investment of private savings in the purchase of housing and of worker-owned farms, as well as direct and indirect investment in the shares in the country’s large productive concerns.

TITOLO 4

RAPPORTI POLITICI

ART. 48.

All citizens shall have the right to vote. Votes shall be personal and equal, free and secret. Voting shall be a civic duty. The right to vote cannot be restricted save for civil incapacity or as a consequence of an irrevocable penal sentence or in cases of moral unworthiness as determined by law.

ART. 49.

All citizens shall have the right to associate freely in political parties to contribute to determining national policies through democratic means. Political parties wishing to present candidates for election to Parliament must be registered through the High Council of the Judiciary upon receiving application approval from Administration. A registered party must demonstrate a democratic internal structure and a commitment to the constitutional order. Parties whose aims include the unconstitutional overthrow of The Italian Republic shall be refused registration and, where already registered, dissolved. Registered parties may present any number of candidates for election to either chamber.

ART. 50.

All citizens shall have the right to present petitions to Parliament to request legislative measures or to express collective needs.

ART. 51.

Every registered citizen of the Italian Republic who holds full civic standing is eligible for public office and for elective positions on equal terms. No age requirement shall be imposed as a condition of eligibility for any elected or appointed public office. Any person elected to public office shall be entitled to the time needed to perform that function and to retain previously held employment.

ART. 52.

Every citizen shall have the duty to be loyal to the Italian Republic and to comply with its Constitution and laws. Citizens who hold public office have the duty to perform their functions with discipline and honour, taking the oath in the cases set forth by this Constitution.

**PARTE 2

ORGANIZZAZIONE DELLA REPUBBLICA

TITOLO 1

L'AMMINISTRAZIONE

ART. 53.

The Group Administration, hereinafter referred to as “the Administration”, consists of the founders of the Italian Republic and any individuals subsequently admitted by the unanimous consent of existing members. The Administration is an external discretionary oversight authority and does not form part of the ordinary constitutional government of the Italian Republic.

ART. 54.

The Administration exists outside the ordinary constitutional order and is not subject to judicial review, legislative oversight, or the jurisdiction of any constitutional organ of the Italian Republic. Its authority is external to this Constitution and is acknowledged herein solely for the sake of transparency.

**TITOLO 2

IL GIURAMENTO D'UFFICIO

ART. 55.

Before assuming any elected or appointed office outlined within this constitution, every officeholder shall take the following oath before a judge duly appointed by the High Council of the Judiciary, a judge of the Constitutional Court, or, in the absence of such a judge, before a member of the Administration:

No act performed before the oath has been administered is valid. The oath shall be recorded in the official register of the Italian Republic.

PARTE 3

IL PARLAMENTO

TITOLO 1

LE CAMERE

ART. 56.

Parliament shall consist of the Chamber of Deputies and the Senate of the Italian Republic. Parliament shall hold joint sessions of the members of both chambers only in the cases set forth in this constitution.

ART. 56(a).

The Senate of the Italian Republic is suspended. For the duration of the suspension, all powers, functions and references assigned by this Constitution to the Senate, to Parliament in joint session, or to the Senate and Chamber jointly, shall be exercised by the Chamber of Deputies alone. All references to the Senate in this Constitution shall be read as references to the Chamber of Deputies for so long as the suspension remains in force. The suspension may be lifted only by the Administration, whereupon the Senate resumes its full constitutional powers and this article ceases to operate.

ART. 57.

The Chamber of Deputies is elected through universal and direct suffrage. The number of deputies is eight (8). This number may be modified by the administration. The Chamber of Deputies is elected for a term of one (1) legislative cycle, equivalent to eight weeks. The Chamber of Deputies is the lower chamber of Parliament.

ART. 58.

The President of the Chamber of Deputies and the President of the Senate are elected by their respective Chambers from among their members, together with the Bureau of that Chamber. When Parliament meets in a joint session, the President and Bureau of the Senate preside.

ART. 59.

The Senate of the Italian Republic is composed of five (5) elected senators. The number of senators may be modified by the administration. Former Presidents of the Italian Republic are Senators by right and for life unless they renounce the office. Senators serving for life do not contribute to the seat limit. The Senate is elected for a term of one (1) legislative cycle, equivalent to four weeks.

ART. 60.

Candidates for the Chamber of Deputies must be members of a registered political party. Deputies shall be elected by the personalised single-ballot proportionality system:

(b) All votes cast for candidates affiliated with the same party are aggregated into a single party total. The D'Hondt method is applied to these party totals to determine the number of seats each party wins. Each party's total is successively divided by one, two, three, and so forth; seats are then allocated one at a time to the party with the highest quotient at each stage until all seats are filled. (c) Seats are assigned to a party's candidates in descending order of personal votes individually received. (d) If a seat falls vacant during the term, the party of the departing member shall nominate a replacement within four (4) days. The replacement serves the remainder of the term.

ART. 61.

Senators are elected by universal and direct suffrage through the Single Transferable Vote method of Ranked Choice Voting in a single national constituency.

If a Senate seat falls vacant during the term, the party of the departing Senator shall nominate a replacement within four (4) days.

Each voter ranks as many candidates as they wish in order of preference.

A candidate is elected upon reaching the Droop quota, determined by dividing the total valid first-preference votes by the number of seats plus one and adding one. Surplus votes above the quota held by an elected candidate are transferred to the next ranked preferences on those ballots in proportion to the surplus. Where no surplus transfers elect a further candidate, the candidate with the fewest votes is eliminated and their votes transferred in full to the next ranked preferences. This process continues until all seats are filled. Candidates for the Senate must be members of a registered political party or administration-approved independents.

ART. 62.

The Chamber of Deputies holds the exclusive power to originate all bills. The Senate holds the exclusive powers to cast an absolute veto over any bill passed by the Chamber of Deputies, whereby a rejected bill shall not become law and may not be resubmitted in the same legislative term, to conduct parliamentary enquiries on matters of public interest, and to submit bills to the Chamber of Deputies for consideration.

ART. 63.

The Chambers shall be summoned by right on the last weekend day (Sunday) of each new legislative cycle. Should the Bureau of a Chamber deem it necessary, a session may be rescheduled to another time or day that same week. Each Chamber may be summoned in an extraordinary session on the initiative of its President, the President of the Italian Republic, or one-third of its members. When one chamber is summoned in an extraordinary session, the other is summoned by right.

ART. 64.

Each Chamber adopts its own Rules of Procedure by an absolute majority of its members. Sittings are public; however, each chamber may decide to meet in closed session. The decisions of each Chamber and of Parliament are not valid if the majority of their respective members are not present and if they are not adopted by a majority of those present, unless this Constitution prescribes a special majority. Members of the Government have the right, and when summoned by one-fourth of the members of a chamber, the obligation, to attend sittings. They shall be heard whenever they so request.

ART. 65.

The law shall determine the cases of ineligibility and incompatibility with the office of Deputy or Senator. No one may be a member of both chambers at the same time. Such regulations must be democratic and just. No deputy or senator may be removed from his or her office without sufficient notice and warning.

ART. 66.

Each Member of Parliament shall represent the Nation and carry out their duties without a binding mandate. Members of Parliament shall not be called to answer for opinions expressed or votes cast in the exercise of their function. No member of Parliament shall be subjected to personal search, arrest or detention without the authorisation of their respective Chamber, save in the enforcement of a final court sentence or when the member is apprehended in the act of committing an offence. The same authorisation shall be required for any interception of a member's communications or seizure of their correspondence. Members of Parliament shall not be called to answer for opinions expressed or votes cast in the exercise of their function.

**TITOLO 2

IL PROCESSO LEGISLATIVO

ART. 67.

The legislative function shall be exercised by the Chamber of Deputies. While the Senate shall exercise a revising function as set forth in Article 63.

ART. 68.

Legislative initiative shall belong jointly to the Council of Ministers, to each Member of Parliament, and to citizens who can produce a petition signed by a number of active citizens set forth by law.

ART. 69.

Every bill approved by the Chamber of Deputies shall be transmitted to the Senate for revision. If the Senate approves the bill without amendment, it proceeds to promulgation. If the Senate returns it with amendments, the Chamber shall vote on those amendments. If the Chamber adopts the amendments, the bill proceeds to promulgation. The Senate may not amend a bill more than once in the same legislative procedure.

ART. 70.

Laws shall be promulgated by the President of the Italian Republic within six (6) days of their final approval by Parliament. Where a bill has been declared urgent by the Chamber of Deputies by an absolute majority of its members, the President of the Italian Republic shall promulgate it within two (2) days of approval. If the President of the Italian Republic does not promulgate an urgent bill within two (2) days, the President of the Senate shall be delegated the authority to promulgate it in their place. If the President of the Italian Republic does not promulgate a non-urgent bill within six (6) days, the President of the Senate shall promulgate it, and the President of the Italian Republic shall be legally accountable for the failure. Laws shall be published immediately after promulgation and come into force on the day following their promulgation, unless the law itself sets a different date.

ART. 71.

Before promulgating a law, the President of the Italian Republic may, by a reasoned message to the Chambers, request a new deliberation, setting out the legal or constitutional grounds for the objection. Disagreement on policy grounds alone does not constitute grounds for refusal. If the Chambers pass the bill again, the President of the Italian Republic may either promulgate it or refer the question of its constitutionality to the Constitutional Court. If the If the Constitutional Court finds the law constitutional, the President of the Italian Republic must promulgate it without further delay.

ART. 72.

A referendum on the total or partial repeal of a law or act having the force of law may be called by Parliament through a resolution approved by an absolute majority of the members of each Chamber. Referendums shall not be admissible in the case of budget laws, laws granting pardons, or laws authorising the ratification of international treaties. All citizens eligible to vote shall have the right to participate in a referendum. The proposal subjected to referendum shall be approved if the majority of those eligible to vote have participated and if it has received a majority of valid votes. The Administration shall administer all referenda or delegate that function.

ART. 73.

The Government may not issue decrees having the force of ordinary law without an enabling act from the Chambers. In extraordinary cases of necessity and urgency, the Government may, on its own responsibility, adopt provisional measures having the force of law. It must present these to the Chambers on the same day of their publication. The Chambers, even if dissolved, shall be expressly summoned for this purpose and shall convene within four (4) days. The decrees lose effect from their inception if not confirmed by Parliament within twelve (12) days of their presentation. The Chambers may, by law, regulate legal relationships arising from unconfirmed decrees.

ART. 74.

The Chambers shall authorise the ratification of international treaties of a political nature or which entail changes to the law, financial obligations, or modifications to the jurisdictional scope of the Italian Republic.

ART. 75.

The Senate may conduct enquiries on matters of public interest. To this end, it shall appoint a committee composed so as to reflect the proportional representation of parliamentary groups. The Committee of Inquiry shall conduct its investigations with the same powers and limitations as a judicial authority.

PARTE 3

IL PRESIDENTE DELLA REPUBBLICA ITALIANA

ART. 76.

The President of the Italian Republic shall be elected by Parliament in a joint session of its members. The election takes place by secret ballot. A two-thirds majority of the assembly is required in the first two ballots. If no candidate achieves this after two ballots, a runoff is held between the two candidates who received the highest number of votes in the second ballot. From the runoff ballot onwards, a simple majority of those present and voting shall suffice. Where no result is produced because no candidates have presented themselves, or because a tie cannot be resolved by the runoff, the Administration shall be empowered to appoint an interim President of the Italian Republic.

ART. 77.

The presidential term shall be twelve (12) weeks.

ART. 78.

Every registered citizen of the Italian Republic who holds full civic standing and has held citizenship for no less than three months is eligible for the office of President of the Italian Republic. The office of President of the Italian Republic is incompatible with any other office, whether elected or appointed. A serving president who wishes to stand for any other office must first resign the presidency.

ART. 79.

Should the President be temporarily unable to perform their duties, the President of the Senate shall carry out the functions of President of the Italian Republic until the President resumes their duties. In the case of permanent incapacity or resignation of the President of the Italian Republic, the President of the Senate shall assume the functions and office of the President of the Italian Republic and shall call an election of a new President of the Italian Republic within 18 days of their appointment.

ART. 80.

The President of the Italian Republic is the Head of State and represents the unity of the Italian Republic. The President may send messages to the Chambers. The President shall:

Authorise the presentation to the Chambers of bills drafted by the Council of Ministers; Promulgate laws; Call referenda in the cases provided for by the Constitution; Review the appointment of State officials; Accredit and receive diplomatic representatives, and ratify international treaties which have been authorised by Parliament where required; Preside over the Supreme Council of Defence; Make declarations of war which have been decided by the Chambers; Preside over the High Council of the Judiciary; Grant pardons and commute penalties; and confer the honours of the Italian Republic. |

ART. 81.

The President of the Italian Republic may dissolve one or both Chambers only with the prior written consent of the President of the Chamber of Deputies and the President of the Senate. The President of the Italian Republic may not exercise this right during the last seven (7) days of their term of office.

ART. 82.

No act of the President of the Italian Republic which concerns the domestic affairs of the Italian Republic shall be valid unless it is countersigned by the President of the Council of Ministers.

ART. 83.

The President of the Italian Republic shall not be held responsible for acts carried out in the exercise of their presidential duties, save in the case of high treason or an attempt to overthrow the Constitution. To initiate impeachment, Parliament in joint session shall vote on whether to proceed. A two-thirds majority of the full joint assembly is required. Upon authorisation, Parliament shall form a joint committee of Deputies and senators to prepare and present the case before the Constitutional Court. The Constitutional Court, having heard the case and the defence of the President, shall determine by majority vote of its full composition whether the President is guilty and whether they shall be removed from office. The decision of the Constitutional Court in impeachment proceedings is final and may not be appealed.

ART. 84.

The President of the Italian Republic, before taking office, shall take the oath prescribed by Article 55 of this Constitution before Parliament in joint session.

PARTE 4

IL GOVERNO

TITOLO 1

IL CONSIGLIO DEI MINISTRI

ART. 85.

The Government of the Italian Republic consists of the President of the Council of Ministers and the Ministers, who together constitute the Council of Ministers. The President of the Italian Republic shall appoint the President of the Council of Ministers following consultation with the majority parliamentary group leaders in both chambers, and, following the advice of the President of the Council, the President of the Italian Republic shall appoint these Ministers.

ART. 86.

The President of the Council of Ministers and the Ministers, before taking office, shall take the oath prescribed by Article 55 of this Constitution.

ART. 87.

The Government must hold the confidence of both Chambers, each granted or withdrawn by reasoned motion voted by roll call. Within ten days of formation, the Government shall appear before both Chambers to obtain confidence by a simple majority of members present. A defeat on an ordinary proposal does not oblige the government to resign. A motion of no-confidence must be signed by at least one-tenth of the members of the Chamber in which it is moved, may not be debated within three days of being moved, and passes upon approval by an absolute majority of that Chamber's members, upon which the Government shall resign and the President of the Italian Republic shall consult the Presidents of both Chambers before designating a successor or dissolving Parliament.

ART. 88.

The President of the Council of Ministers shall conduct the general policy of the Government and shall be responsible for it. The President of the Council shall ensure the coherence of political and administrative direction, promoting and coordinating the activities of the ministers. Ministers shall be jointly responsible for the acts of the Council of Ministers and individually responsible for the acts of their own ministries

. The law shall establish the organisation of the Presidency of the Council and the number, responsibilities and organisation of the ministries.

ART. 89.

The President of the Council of Ministers and the Ministers, even if they resign from their office, are subject to ordinary courts for crimes committed in the exercise of their duties, subject to authorisation being given by the Chamber of Deputies in accordance with norms established by law.

TITOLO 2

PUBBLICA AMMINISTRAZIONE E GOVERNANCE

ART. 87.

Public administrative bodies shall ensure balanced budgets and the sustainability of public resources. Public administrative offices shall be organised according to the provisions of law so as to ensure the efficiency and impartiality of the administration. The regulations of the offices shall lay down the areas of competence, the duties and the responsibilities of the officials. Appointments in public administration shall be made through competitive and transparent processes, unless otherwise set forth by law.

ART. 88.

Civil servants shall be at the sole service of the Italian Republic. If they are Members of Parliament, they may not be promoted save by seniority. The law may set limitations on the right to register as members of political parties in the case of members of the judiciary, professional members of the armed forces in active service, and law enforcement officers.

ART. 89.

The National Council for Economics and Labour shall be composed, as set out by law, of experts and representatives of trade categories in such a manner as to take into account their numerical and qualitative importance. It shall act as a consulting body to the Chambers and the Government on such matters as pertains to it by law. It shall have the right to initiate legislation and may contribute to drafting economic and social legislation according to the principles and within the limitations set forth by law.

ART. 90.

The Council of State shall act as a consulting body on legal and administrative matters and shall monitor the administration of justice. The Court of Auditors shall exercise compliance auditing on the legitimacy of government measures, as well as subsequent auditing of the administration of the state budget. It shall report directly to the Chambers on the results of audits performed. The law shall ensure the independence of both bodies and their members from the government.

PARTE 5

LA MAGISTRATURA

TITOLO 1

L'ORGANIZZAZIONE DELLA MAGISTRATURA

ART. 91.

Justice shall be administered in the name of the people. Members of the judiciary shall be subject only to the law.

ART. 92.

Permanent judges, empowered and regulated by the judiciary's provisions, shall carry out the duties of the judiciary. No extraordinary or special court shall be established. Only specialised sections for specific matters may be established within the ordinary judicial branches, and these sections may include qualified persons who are not members of the judiciary. The law shall establish the cases and manner in which citizens may take direct part in the administration of justice.

ART. 93.

The Council of State and other bodies of administrative justice shall have jurisdiction over lawful claims before the public administration and, in particular, over matters set forth by law, as well as over subjective rights. The Court of Auditors shall have jurisdiction over matters of public financial accountability and other matters set forth by law.

ART. 94.

The judiciary is an independent branch of government and shall not be subject to any other power. The President of the Italian Republic shall preside over the High Council of the Judiciary. 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 permanent judges belonging to the various categories, and one-third are elected by Parliament in a joint session from among qualified legal practitioners and professors of law.

The Council shall elect a Vice-President from among those members designated by Parliament. Elected members of the Council shall hold office for one full legislative cycle and cannot be immediately re-elected. While in office, they may not be members of a professional register nor serve in Parliament or on a regional council.

ART. 95.

The High Council of the Judiciary shall have the right to appoint, assign, transfer, promote and take disciplinary action against members of the judiciary, in accordance with the regulations of the judiciary.

ART. 96.

Members of the judiciary are appointed by means of competitive examinations. Following a proposal by the High Council of the Judiciary, persons with substantial legal experience may be appointed to senior judicial positions for outstanding merit.

ART. 97.

Members of the judiciary may not be removed from office. They may not be dismissed, suspended from office or assigned to other functions save by a decision of the High Council of the Judiciary taken for the reasons and with the guarantees established by the provisions concerning the organisation of the Judiciary, or with their own consent. The relevant minister has the power to initiate disciplinary action. Members of the judiciary are distinguished only by their different functions

ART. 98.

The provisions concerning the organisation of the judiciary and of judicial authority shall be set forth by law. The law shall ensure the independence of judges of special courts, of public prosecutors of those courts, and of other persons not belonging to the Judiciary who may take part in the administration of justice

ART. 99.

Judicial authorities may directly avail themselves of the judicial police.

ART. 100.

Without prejudice to the authority of the High Council of the Judiciary, the organisation and performance of services related to the administration of justice shall pertain to the relevant Minister of Justice.

TITOLO 2

DISPOSIZIONI O GIURISDIZIONE

ART. 101.

Jurisdiction shall be administered through due process regulated by law. All court proceedings shall be conducted with cross-examination between the parties, with equal conditions before a neutral third-party judge. In criminal proceedings, the accused shall be informed of the nature and reasons for the charges against them; shall have adequate time and means to prepare a defence; shall have the right to cross-examine witnesses before a judge; and shall have the right to produce all evidence in their favour. All judicial decisions shall include a statement of reasons. Appeals to the Court of Cassation shall always be permitted in cases of violations of the law against sentences and measures concerning personal freedom pronounced by permanent judges.

ART. 102.

The public prosecutor shall have the obligation to initiate criminal proceedings when sufficient cause exists.

ART. 103.

The judicial safeguarding of rights and legitimate interests before the bodies of ordinary or administrative justice shall always be permitted against decisions of the public administration. Such judicial protection may not be excluded or limited to special types of appeal or for certain categories of decisions. The law shall establish which judicial branches may annul decisions taken by the public administration in the cases and with the consequences provided for by the law itself.

PARTE 6

REGIONI ED ENTI LOCALI

ART. 104.

The Italian Republic is composed of municipalities, provinces, metropolitan cities, regions and a state. Municipalities, provinces, metropolitan cities and regions are autonomous entities having their own statutes, powers and functions in accordance with the principles set forth in the Constitution. All regional and local governmental bodies are suspended from the date of their entry into force under this Constitution. Their suspension continues until the administration issues a formal authorisation of reopening. Pending reopening, all functions otherwise pertaining to regional and local bodies are exercised by the State.

ART. 105.

Administrative functions belong to municipalities, unless they are related to provinces, metropolitan cities, regions, or the state, following the principles of subsidiarity, differentiation, and proportionality to ensure consistent application.

ART. 106.

Upon reopening, legislative powers shall be vested in the State and the Regions in compliance with the Constitution. The state has exclusive legislative powers in the following subjects: foreign policy and international relations; defence and security; currency and financial markets; state bodies and their electoral laws; citizenship and civil status; and the protection of the constitutional order. Concurrent legislative powers apply to the following subject matters: relationships with other communities; labour and safety; education; scientific and technological research; health protection; and communications.

In these areas, legislative powers shall be vested in the regions save for the determination of fundamental principles, which are set forth in state legislation. Regions shall have legislative powers in all subject matters not expressly reserved to the State

ART. 107.

Municipalities, provinces, metropolitan cities and regions shall have income and expenditure autonomy, subject to the obligation to balance their accounts. They shall have independent financial resources and shall share in the revenue from state taxes related to their respective territories.

ART. 108.

Regions may not levy duties between regions or adopt measures that in any way hinder the freedom of movement of persons between regions. The Government may act for bodies of the regions, provinces or municipalities if they fail to comply with the Constitution or the laws of the Italian Republic, or in the event of grave danger to public safety and security.

ART. 109.

Upon reopening, the organs of each region shall be the regional council, the regional cabinet and its president. The Regional Council shall exercise the legislative powers granted to the region as well as other functions conferred by the Constitution and by law. It may submit bills to Parliament. The Regional Cabinet shall be the executive body of the Region. The President of the Regional Cabinet shall represent the Region, shall conduct the general policy of the Cabinet and be responsible for it, shall promulgate regional laws and regulations, and shall conduct the administrative functions delegated to the Region by the State in compliance with the instructions of the Government of the Italian Republic.

ART. 110.

Each Region, upon reopening, shall have a statute which determines the form of government and the fundamental principles of the organisation and functioning of the region, in accordance with the constitution. Regional statutes shall be adopted and amended by the Regional Council with a law approved by the absolute majority of its members, with two subsequent deliberations separated by an interval of no less than four (4) days. The Government of the Italian Republic may bring a question concerning the constitutional legitimacy of a regional statute before the Constitutional Court within four (4) days of its publication.

ART. 111.

The Government may, within four (4) days of its publication, submit the constitutional legitimacy of a regional law to the Constitutional Court when it deems that the regional law exceeds the responsibilities of the Region. A region may, within four (4) days of its publication, submit the constitutional legitimacy of a state law or measure having the force of law to the Constitutional Court when it deems that said law infringes upon its responsibilities.

ART. 112.

Changes in regional and provincial boundaries and the institution of new local bodies shall be regulated by the laws of the Italian Republic, after consultation with the affected communities and the relevant Regional Council where applicable.

PARTE 5

GARANZIE COSTITUZIONALI

TITOLO 1

LA CORTE COSTITUZIONALE

ART. 113.

The Constitutional Court shall pass judgment on:

(b) Conflicts arising over the allocation of powers between the branches of the State and between the State and the Regions; (c) Accusations made against the President of the Italian Republic, as set forth in Article 83 of this Constitution. |

The Constitutional Court may not review acts of the Administration. Challenges to acts of the Administration are inadmissible.

ART. 114.

The Constitutional Court shall be composed of at maximum five (5) judges: two appointed by the President of the Italian Republic and three elected by Parliament in a joint session. The judges shall be chosen from among qualified legal practitioners, jurists and persons of recognised competence. Judges of the Constitutional Court serve without a fixed term. They may not be removed save by a two-thirds majority vote of the remaining judges together pursuant to an absolute majority vote of Parliament in joint session. The office of judge of the Constitutional Court is incompatible with membership in Parliament, a regional council, engaging in the legal profession, and every appointment or office established by law. In impeachment proceedings against the President of the Italian Republic, the Constitutional Court shall sit in its full composition. The parliament in joint session will elect a president from among the existing court members to chair and represent the Constitutional Court. The President of the Constitutional Court shall serve until removed by an absolute majority of parliament in a joint session.

ART. 115.

When the Court declares a law, or an act having the force of law, unconstitutional, the law ceases to have effect from the day following the publication of the decision. The decision of the Court shall be published and communicated to the Chambers and to the Regional Councils concerned so that, should they deem it necessary, they may take appropriate measures in compliance with constitutional procedures.

ART. 116.

A constitutional law shall establish the conditions, the manner, and the terms for bringing a case concerning constitutional legitimacy, and it shall protect the independence of the constitutional judges. Other provisions necessary for the constitution and functioning of the Court shall be determined by law. The decisions of the Constitutional Court may not be appealed.

ART. 117.

The Court elects its President from among its

members.

Judges are appointed for six months,

are partially renewed according to the provisions

established by law, and are not immediately eligible for re-election.

The office of Court judge is incompatible with that of member of Parliament

or a Regional Council, with the practice

of the legal profession, and with any office

and function established by law.

Furthermore, in impeachment proceedings against the President

of the Italian Republic and against Ministers, the Court judges intervene at the beginning of each legislative session, by Parliament in a joint session of

citizens eligible for election

to senatorship.

TITOLO 2

EMENDAMENTI ALLA COSTITUZIONE

ART. 118.

Laws amending the Constitution and other constitutional laws shall be adopted by each Chamber after two successive deliberations at intervals of no less than two (2) days and shall be approved by a two-thirds majority of the members of each Chamber in the second deliberation. Such laws may be subject to a popular referendum called by Parliament under Article 72 when so requested within four (4) days of their publication by one-fifth of the members of either Chamber.

ART. 119.

Constitutional amendments cannot alter the Italian Republican and democratic form of the state. The powers of the Administration as defined in this Constitution may not be reduced or removed by constitutional amendment. The Fundamental Principles may not be amended to remove democratic foundations, civic rights or equality provisions.

DISPOSIZIONI TRANSITORIE E FINALI

I.

Upon the entry into force of the Constitution, the Provisional Head of State shall exercise the powers of the President of the Italian Republic and shall assume that title.

II.**

If, on the date of the election of the President of the Italian Republic, only the members of the two Chambers shall participate in the election.

III.

For the first composition of the Senate of the Italian Republic, the deputies of the Constituent Assembly who possess the legal qualifications to be senators shall be appointed senators by decree of the President of the Italian Republic and who:

have served as Presidents of the Council of Ministers or of legislative assemblies;

were members of the dissolved Senate;

have been elected at least three times, including to the Constituent Assembly;

were declared to have forfeited their seats at the sitting of the Chamber of Deputies on 9 November 1926;

have served a prison sentence of not less than five years following conviction by the Fascist Special Tribunal for the Defense of the State.

The members of the dissolved Senate who were part of the National Council shall also be appointed senators by decree of the President of the Italian Republic.

The right to be appointed senator may be renounced before the signing of the decree of appointment. Acceptance of candidacy in political elections implies renunciation of the right to appointment as senator.

IV.

For the first election of the Senate, Molise shall be considered a Region in its own right, with the number of senators corresponding to its population.

V.

The provision of Article 80 of the Constitution concerning international treaties that entail financial burdens or modifications of law shall take effect from the date of the convocation of the Chambers.

VI.

Within five years from the entry into force of the Constitution, the special jurisdictional bodies currently in existence shall be revised, except for the jurisdictions of the Council of State, the Court of Auditors, and the military tribunals.

VII.

Until a new law on the judicial system is enacted in conformity with the Constitution, the provisions of the existing system shall continue to be observed.

Until the Constitutional Court begins functioning, disputes indicated in Article 134 shall be decided according to the procedures and limits of the rules existing before the entry into force of the Constitution.

The judges of the Constitutional Court appointed in the first composition of the Court shall not be subject to partial renewal and shall remain in office for twelve years.

VIII.

Elections of Regional Councils and of the elective bodies of provincial administrations shall be called within one year from the entry into force of the Constitution.

Laws of the Italian Republic shall regulate, for each branch of public administration, the transfer of state functions assigned to the Regions.

Until the reorganization and distribution of administrative functions among local authorities is carried out, the Provinces and Municipalities shall retain the functions they currently exercise and others delegated to them by the Regions.

Laws of the Italian Republic shall regulate the transfer to the Regions of state officials and employees, including those of central administrations, made necessary by the new system.

For the formation of their offices, the Regions must, except in cases of necessity, draw their personnel from that of the State and of local authorities.

IX

Within three years from the entry into force of the Constitution, the Italian Republic shall adapt its laws to the requirements of local autonomy and to the legislative competence attributed to the Regions.

X.

To the Region of Friuli-Venezia Giulia, the general provisions shall apply provisionally, without prejudice to the protection of linguistic minorities in accordance with Article 6.

XI.

For up to five years from the entry into force of the Constitution, additional Regions may be created by constitutional laws, modifying the list of Italian regions provided that the populations concerned are consulted with a National Referendum.

XII.

The reorganization, in any form whatsoever, of the dissolved Partito Nazionale Fascista (PNF), is prohibited.

By way of derogation from Article 48, the law shall establish, for no more than five years from the entry into force of the Constitution, temporary limitations on the right to vote and eligibility for office for those responsible for the Fascist regime.

XIII.

Members and descendants of the House of Savoy shall not be electors and may not hold public office or elective positions.

Former kings of the House of Savoy, their consorts, and their male descendants are prohibited from entering or residing in the national territory.

Property within the national territory belonging to former kings of the House of Savoy, their consorts, and their male descendants shall revert to the State.

Transfers or the establishment of real rights over such property made after 2 June 1946 are null and void.

XIV.

Titles of nobility shall not be recognized.

Predicates of those existing before 28 October 1922 shall remain as part of the name.

The Order of Saint Maurice is preserved as a hospital institution and shall function according to the manner established by law.

The law shall regulate the suppression of the Heraldic Council.

XV.

Upon the entry into force of the Constitution, the Legislative Decree of the Lieutenant of the Realm No. 151 of 25 June 1944 on the provisional organization of the State shall be deemed converted into law.

XVI.

Within one year from the entry into force of the Constitution, the revision and coordination with it of previous constitutional laws not yet explicitly or implicitly repealed shall take place.

XVII.

The Constituent Assembly shall be convened by its President to deliberate, by 31 January 1948, on the law governing the election of the Senate of the Italian Republic, on special regional statutes, and on the law on the press.

Until the elections of the new Chambers, the Constituent Assembly may still be convened to deliberate on matters within its competence under earlier legislative provisions.

XVIII.

The present Constitution shall be promulgated by the Provisional Head of State within five days of its approval and shall enter into force on 1 January 1948.

The text of the Constitution shall be deposited in the municipal hall of every municipality of the Italian Republic and remain displayed throughout the year 1948 so that every citizen may become acquainted with it.

* *

DISPOSIZIONI FINALI

La Costituzione, munita del sigillo dello Stato, sarà inserita nella raccolta ufficiale delle leggi e dei decreti della Repubblica.

La Costituzione dovrà essere fedelmente osservata come Legge fon-

*damentale della Repubblica da tutti i cittadini e dagli organi dello Stato. ***

* *

Data a Roma, addi 27 dicembre 1947.

CONTROFIRMANO:

Il Presidente dell’Assemblea Costituente

Il Presidente del Consiglio dei Ministri