User:Glide08/Sandbox/Albertine Statute
Constitution of the Kingdom of Italy
Edict[edit]
UMBERTO II
by grace of God and will of the Nation
KING OF ITALY, OF SARDINIA, OF CYPRUS, AND OF JERUSALEM
Etc., Etc., Etc.
Having considered the decision of the Constituent Assembly, which approved the revisions of the Constitution of the Kingdom of Italy in its session of December 22, 1947, and in consideration of the XVIIIth final provision of the said revised Constitution, hereby promulgates the Constitution of the Kingdom of Italy, in revised form, in the following text :
Preamble[edit]
CARLO ALBERTO
by grace of God
KING OF SARDINIA, OF CYPRUS, AND OF JERUSALEM
Etc., Etc., Etc.
With regal loyalty and love of Our Father We come today to accomplish what We had announced to Our most beloved subjects with our proclamation of the 8th of the February last, with which We wanted to demonstrate, in the midst of the extraordinary events which surround the country, how Our confidence in them increases with the gravity of the circumstances and, heeding only of the impulses of Our heart, how determined is Our intention to adapt their destiny to the spirit of the times, for the interest and for the dignity of the Nation.
Having considered the broad and strong representative institutions contained in the present Constitution to be the most certain means of redoubling with the links of indissoluble affection that bind to Our Italian Crown a People who have given Us so many proofs of faith, of obedience and of love, We have determined to sanction it and to promulgate it, in the faith that God will bless Our intentions, and that the free, strong and happy Nation will always show itself ever more worthy of its ancient fame and will deserve a glorious future. For this reason, by Our certain Royal authority, having had the opinion of Our Concil, We have ordered and We do order with the force of Constitution and fundamental Law, perpetual and irrevocable from the Monarchy, that which follows:
Art. 1. Italy is a democratic representative monarchy based on labor.
Sovereignty belongs to the people, who exercise it in the forms and within the limits of the Constitution.
Art. 2. The Kingdom acknowledges and guarantees the inviolable rights of man both as an individual and in the social organizations where his personality is developed and requires the fulfillment of the essential duties of political, economic, and social solidarity.
Art. 3. All citizens have equal social rank and are equal before the law without distinction of sex, race, language, religion, political opinion, or social and personal conditions.
It is the task of the Kingdom to remove obstacles of an economic or social nature which, by materially restricting the freedom and equality of citizens, impede the complete development of the human personality and the effective participation of all workers in the political, economic, and social organization of the country.
Art. 4. The Kingdom recognizes to all citizens the right of work and promotes conditions to render this right effective.
Each citizen has the duty to exercise in conformity with his own ability and choice an activity or function contributing to the material or spiritual development of society.
Art. 5. The Kingdom, one and indivisible, recognizes and promotes local autonomies. It effects in the state services the broadest adminis- trative decentralization and adapts the principles and procedure of its legislation to the needs of autonomy and decentralization.
Art. 6. The Kingdom protects linguistic minorities through appropri- ate legislation.
Art. 7. The State and the Catholic Church are, each in its own sphere, independent and sovereign.
Their relations are regulated by the Lateran Pacts. Any amendments to the Pacts, if bilaterally agreed upon, do not require a process of con- stitutional revision.
Art. 8. All religious confessions are equally free under the law.
Religious confessions other than Catholic have the right to organize themselves according to their own statutes in so far as they are not at variance with the Italian legal system.
In accordance with the law, their relations with the State are regulated on the basis of agreements with their respective representatives.
Art. 9. The Kingdom promotes the development of culture and scien- tific and technical research.
It protects the landscape and the historical and artistic patrimony of the Nation.
Art. 10. The Italian juridical system conforms to the generally recog- nized principles of international law.
The juridical status of the foreigner is regulated by law in conformity with international rules and treaties.
The foreigner who is denied in his own country the effective exercise of democratic freedoms provided for by the Italian Constitution has a right to asylum in the territory of the Republic in accordance with the provisions of law.
Extradition of foreigners for political offenses shall not be granted.
Art. 11. Italy renounces war as an instrument of offense to the liberty of other peoples or as a means of settlement of international disputes, and, on conditions of equality with the other states, agrees to the limita- tions of her sovereignty necessary to an organization which will assure peace and justice among nations, and promotes and encourages interna- tional organizations constituted for this purpose.
Art. 12. The flag of the Kingdom is the Italian tricolor, green, white, and red in three vertical stripes of equal dimension.
Art. 13. The throne is hereditary according to order of primogeniture, with priority given to the first line over subsequent lines; within the same line, the closer grade over the more remote; within the same grade, the male over the female, and in the same sex, the elder over the younger.
A person who is not born in the direct line of descent from the last reigning Queen or King or a sister or brother thereof, or is herself or himself a sister or brother thereof, cannot succeed to the throne.
For those persons born before the year 1948, however, Salic law shall govern the succeession to the throne.
The provisions of this Constitution in reference to the King are also applicable to a Queen if she has succeeded to the throne.
Art. 3. Parliament is composed of the Senate and the Chamber of Deputies.
Parliament meets in joint session of the members of both chambers only in the cases provided for by the Constitution.
The legislative power shall be exercised collectively by the King and Parliament.
Art. 4. The person of the King is sacred and inviolable.
Art. 5. To the King alone belongs the executive power.
He is the Head of the State and represents the unity of the nation.
He can send messages to the chambers.
He accredits and receives diplomatic representatives, ratifies international treaties, with previous authorization from the chambers when necessary.
He commands the armed forces, presides over the supreme council for defense established by law and declares the state of war decided upon by the chambers.
He presides over the superior council of the magistrature.
He confers the honors of the Kingdom.
Art. 6. The King appoints to all the offices of the State and makes the necessary decrees and regulations for the execution of the laws, provided that such decrees do not suspend or modify their observance.
Art. 7. The King alone sanctions and promulgates the laws.
He authorizes the presentation to the chambers of draft legislation originating with the government.
He proclaims popular referendum in cases provided by the Constitution.
Art. 8. The King may grant pardons and commute sentences.
Art. 9. The King convokes the two Chambers each year.
He sets the date of their first session and may prorogue their sessions.
He calls the election of the new Chamber of Deputies.
He may dissolve the Chmaber of Deputies after consulting its President, in which case he shall convoke a new Chamber within a period of four months.
Art. 10. No act of the King is valid if it is not countersigned by the ministers proposing it, who assume responsibility therefor.
Acts having legislative force and others prescribed by law are countersigned also by the president of the council of ministers.
Art. io. The initiative in legislation belongs both to the King and the two Houses. All bills, however, im- posing taxes or relating to the budget shall first be pre- sented to the Chamber of Deputies.
Art. II. The King shall attain his majority upon attaining twenty-one years of age.
Art. 12. During the King's minority, the Princess or Prince who is his nearest relative in the order of succession to the throne, shall be regent of the realm, provided she or he can succeed to the throne and has attained twenty-one years of age.
Art. 13. Should the Princess or Prince upon whom the regency devolves be still in her or his minority and this duty pass to a more distant relative, the regent who actually takes office shall continue in the same until the King becomes of age.
Art. 14. In the absence of relatives who can succeed to the throne, the regency devolves upon the King-Father or Queen-Mother.
Art. 15. In the event of the prior decease of the King-Father or Queen-Mother, the regent shall be elected by Parliament in joint session of its members. In the meantime the regency devolves upon the president of the Senate.
Any citizen having reached fifty years of age and enjoying his full civil and political rights may be elected regent.
The vote is participated in by three delegates for each region, elected by the regional council in such a way as to assure minority representation. The Val d'Aosta has one delegate only.
The president of the Chamber of Deputies calls for the election of a regent within fifteen days, although if the chambers have been dissolved, or if the end of the legislature is less than three months off, the election takes place within fifteen days after the first session of the new chambers.
The election of the regent takes place by secret ballot by a two-thirds majority of the assembly. After the third ballot an absolute majority suffices.
Art. 16. The preceding provisions in reference to the regency are also applicable in case the King has attained his majority, but is physically incapable of reigning. Under such circumstances, if the heir presumptive to the throne has attained twenty-one years of age, she or he shall be regent of full right.
Art. 17. The King-Father or Queen-Mother has charge of the education of the King until he has completed his seventh year; from this time on his guardianship passes into the hands of the regent.
Art. 18. All rights pertaining to the civil power in matters of ecclesiastical benefices and in the execution of all regulations whatsoever coming from foreign countries shall be exercised by the King.'
Art. 19. The King shall continue to have the use of the royal palaces, villas, gardens and their appurtenances, and also of all chattels intended for the use of the Crown, of which a speedy inventory shall be made by a responsible ministerial department.
Art. 20. The property that the King possesses in his own right, shall form his private patrimony, together with that to which he may acquire title either for a con- sideration or gratuitously in the course of his reign.
The King may dispose of his private patrimony either by deed or will exempt from the provisions of the civil law as to the amount thus disposable. In all other cases, the King's patrimony is subject to the laws that govern other property.
Art. 21. Consanguinity or affinity within the sixth degree of the King, as well as the office of regent, are incompatible with any other appointment.
The annual civil list of the King and heir apparent to the throne, the allowances of the Princesses and Princes of the royal family of consanguinity or affinity within the sixth degree of the King, and the salary and allowances of the King are established by law.
Art. 22. Upon ascending the throne, the King shall take an oath in the presence of the two Chambers to observe faithfully the present constitution.
Art. 23. The regent, before entering on the duties of that ofl&ce, shall swear fidelity to the King and faith- ful observance of this constitution and of the laws of the State.
OF THE RIGHTS AND DUTIES OF CITIZENS.[edit]
PART I
RIGHTS AND DUTIES OF CITIZENS Title I
CIVIL RELATIONS ^
Art. 13. Personal liberty is inviolable.
No form of detention, inspection, or personal search or any other re- striction of personal liberty is permitted except by a duly authorized act of the judicial authorities and then only in cases and under the pro- cedure prescribed by law.
In exceptional cases of necessity and urgency, explicitly provided by law, the public security authorities may take provisional measures, which shall be communicated within forty-eight hours to the judicial authorities; and, should the latter not confirm their validity within the next forty-eight hours, such measures are considered revoked and lose all effect.
Physical and psychological violence against persons placed under some form of restriction of personal freedom is punished.
The maximum duration of preventive detention is specified by law.
Art. 14. Personal domicile is inviolable.
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No inspection, search, or sequestration may be carried out, except in cases and under procedures prescribed by law and in accordance with the guarantees prescribed for the protection of personal liberty.
Investigations and inspections for reasons of public health or safety or for fiscal or economic reasons are regulated by special legislation.
Art. 15. Freedom and secrecy of correspondence and of every other form of communication are inviolable.
Limitations thereon may be effected only by a duly authorized act of the judicial authorities in accordance with the guarantees prescribed by law.
Art. 16. Every citizen may move and reside freely in any part of the national territory, within the general limits established by law for reasons of public health or security. In no case shall a restriction be established for political reasons.
Every citizen has the right to leave the territory of the Republic and to re-enter it, provided the obligations of law are respected.
Art. 17. Citizens have the right to assemble peaceably and without arms.
Previous notice shall not be required for meetings, even if held in places open to the public.
The authorities must be given previous notice of meetings to be held in public places and may forbid them, but only for proven reasons of se- curity and public safety.
Art. 18. Citizens have the right freely to form associations, without authorization, for ends which are not forbidden to individuals by penal law.
Secret associations and those which pursue, even indirectly, political ends through organizations of a military character are prohibited.
Art. 19. All persons have the right freely to profess their own religious faith, in any individual or collective form, to proselytize on its behalf, and to perform in private and in public acts of worship, provided the rites are not contrary to public morals.
Art. 20. The ecclesiastic nature and the rehgious or cultural ends of an association or institution may not give rise to special legislative limitations or to special fiscal taxation related to its establishment, juridical capacity, or any form of its activities.
Art. 21. All persons have the right freely to express their own opinions with the spoken or written word and any other means of dissemination.
The press may not be subjected to authorization or censorship.
Sequestration may be resorted to only by a duly authorized act of the judicial authorities in cases of offenses for which it is expressly authorized by the press law or in cases of the breach of rules which the said law pre- scribes for making known the identity of the responsible parties.
In such cases, when there is absolute urgency and it is impossible for the judicial authorities to intervene in time, sequestration of the periodical press may be effected by officers of the judicial police, who shall report their action to the judicial authorities immediately, and in no case later than within twenty-four hours. Should the judicial authorities fail to confirm such action within the next twenty-four hours, sequestration will become null and void and without effect.
The law may decree, by general rules, that the financial support of the periodical press be publicly declared.
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Printed publications, spectacles, and all other demonstrations which may be contrary to public morals are prohibited. The law establishes adequate provisions for the prevention and repression of violations.
Art. 22. No one may be deprived of his judicial status, citizenship, or name for political reasons.
Art. 23. No personal service or property levy may be imposed except by virtue of law.
Art. 24. All persons may take judicial action for the protection of their own rights and legitimate interests.
The right to defense is inviolable in every state and at every stage of the judicial process.
Destitute persons are assured, through appropriate bodies, the means to act and defend themselves before any court.
The law specifies the methods and procedures for the redress of judicial errors.
Art. 25. No one may be deprived of the right to be tried by the ap- propriate, legally constituted courts.
No one may be punished except under legislation which came into force before the offense was committed.
No one may be submitted to security measures except in cases provided by law.
Art. 26. Extradition of the citizen can only be granted if specifically agreed through international conventions.
In no case may it be granted for political offenses.
Art. 27. Penal responsibility is personal.
An accused person is not deemed guilty until sentenced.
Sentences may not consist in treatment contrary to humanity and must tend to promote the rehabilitation of the convicted person.
The death penalty is not permitted except in cases provided for by military laws of war.
Art. 28. Officers and employees of the State and of public agencies are personally liable, according to penal, civil, and administrative law, for acts committed in violation thereof. In such cases civil liability extends to the State and to the public agencies.
Title II
ETHICAL AND SOCIAL RELATIONS
Art. 29. The Republic recognizes the rights of the family as a natural association based on matrimony.
Matrimony is based on the moral and juridical equality of the spouses, within the limits established by law guaranteeing the unity of the family.
Art. 30. It is the duty and right of parents to support, teach, and educate their children, even if born out of wedlock.
In cases of inability of the parents, the law provides for the fulfillment of such obligations.
The law guarantees to children born out of wedlock a juridical and social status consistent with the rights of the legitimate members of the family.
The law regulates and limits the investigation of paternity.
Art. 31. The Republic favors through economic measures and other provisions the establishment of families and the fulfillment of their func- tions, with especial regard to large families.
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It protects motherhood, mfancy, and youth, encouraging agencies necessary to this end.
Art. 32. The RepubUc protects health as a fundamental right of the individual and as a community interest and assures free treatment for the indigent.
No one can be obliged to undergo a specified health treatment except as provided by law. The law may in no case violate the limits established by respect for the human person.
Art. 33. Art and science are free and the teaching thereof is free.
The Republic prescribes general rules on education and establishes state schools of all types and grades.
Private groups and individuals have the right to establish schools and educational institutes without state support.
The law, in specifying the rights and obhgations of non-state schools requesting parity of status, provides for their complete freedom and assures to their pupils a treatment equivalent in every way to that of pupils of the state schools.
State examinations are prescribed for admission to the various grades and orders of schools and for the termination of studies and also for qualification for professional practice.
Institutes of high culture, universities, and academies have the right to self rule within the limits prescribed by the laws of the State.
Art. 34. Schools are open to all.
Primary education is compulsory and free of charge for at least eight years.
Capable and deserving students, even if without means, have the right to attain the highest grades of education.
The Republic implements this right through scholarships, grants to families and other types of assistance, awarded on the basis of competitive examinations.
Title III
ECONOMIC RELATIONS
Art. 35. The Republic protects labor in all its forms and applications.
It encourages the training and the professional improvement of workers.
It promotes and supports international organizations and agreements to affirm and regulate the rights of labor.
It recognizes the freedom of emigration, within the terms established in the general interest by law, and protects Italian labor abroad.
Art. 36. The worker is entitled to a recompense proportionate to the quantity and quality of his work and in any case adequate to the needs of a free and dignified existence for himself and his family.
The maximum duration of the working day is fixed by law.
The worker has the right to weekly rest and annual vacations with pay, which he cannot renounce.
Art. 37. Working women possess the same rights and receive remu- neration equal to that of men for identical work. The conditions of work must allow the fulfillment of their essential family functions and assure to mother and child special, adequate protection.
The minimum age for remunerated labor is specified by law.
The Republic protects the work of minors through special provisions and assures to them the right to equal pay for equal work.
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Art. 38. Every citizen unable to work and without means of support necessary to life has the right to maintenance and social assistance.
Workers have the right to be provided with and assured of an adequate livelihood in case of misfortune, sickness, infirmity, old age, and involun- tary unemployment.
Disabled persons and minors have the right to education and to pro- fessional training.
The provisions of this article are carried out through agencies and institutes established or organized by the State.
Private assistance is unrestricted.
Art. 39. The organization of trade unions is unrestricted.
There may not be imposed upon unions any requirement other than that of registration with local and central offices according to the pro- visions of the law.
It is prerequisite for registration that the constitutions of trade unions establish an internal organization on a democratic basis.
Registered unions have juridical personality. Registered unions, represented as integral units with representation proportionate to their membership, may stipulate collective labor contracts which will be bind- ing on all persons belonging to the categories to which the contract refers.
Art. 40. The right to strike is exercised within the limits of the laws which regulate it.
Art. 41. Private economic initiative is unrestricted.
It may not operate in conflict with the public interest or in a manner causing damage to security, freedom, or human dignity. The law speci- fies the programs and controls necessary in order that public and private economic activities may be directed and co-ordinated toward social ends.
Art. 42. Property is public or private. Economic assets belong to the State, to institutions, or to private persons.
Private property is recognized and guaranteed by law, which specifies the modes of acquisition and enjoyment thereof, as well as its limits, in order to assure its social function and to render it accessible to all.
In the cases provided for by law, and on the basis of compensation, private property may be expropriated for reasons of public interest.
The law establishes the norms and the limits of succession by descent and distribution and by testamentary disposition, and the rights of the State with respect to inheritances.
Art. 43. For the general welfare, the law msiy, by means of expropria- tion and against indemnification, originally reserve or transfer to public agencies or to groups of workers or of consumers certain enterprises or categories of enterprise which relate to essential public services or to sources of energy or to monopolistic conditions and which are of pre- eminent general interest in character.
Art. 44. In order to achieve the rational exploitation of the soil and to establish equitable social relations, the law imposes obligations and controls upon private land ownership, limits its area according to regions and agricultural zones, promotes and imposes land reclamation, the transformation of the latifondo and the formation of new productive units. The law assists small and medium property.
Special measures in favor of mountainous districts shall be taken by law. ■ Art. 45. The Republic recognizes the social function of co-operatives of a mutual nature, not designed to serve ends of private speculation.
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The law promotes and encourages their development through the most appropriate means and, through the necessary supervision, assures their character and the achievement of their aims.
The law provides for the protection and development of artisan trades.
Art. 46. In order to promote the social and economic improvement of labor, and in accordance with the requirements of production, the Re- public recognizes the right of workers to participate, by the methods and within the limits established by laws, in the management of enter- prises.
Art. 47. The Republic encourages and protects all forms of savings. It regulates, co-ordinates, and controls the operation of credit. It en- courages the investment of the people's savings in home ownership, in the direct ownership of cultivable land, and directly and indirectly in stocks of the great productive enterprises of the country.
Title IV
POLITICAL RELATIONS
Art. 48. All citizens of both sexes having attained the age of majority have the right to suffrage.
The vote is personal and equal, free and secret. Exercise thereof is a civic duty.
No limitation on the right to vote may be established except for civil incapacity or as a consequence of an irrevocable penal sentence or in cases of moral turpitude as determined by law.
Art. 49. All citizens have the right freely to organize themselves in parties in order to co-operate in a democratic w-ay in determining national policy.
Art. 50. All citizens may present petitions to the chambers to request the passage of legislation or to express mutual needs.
Art. 51. All citizens of both sexes may hold public offices and elective positions in conditions of equality, in accordance with the requirements established by law.
For admission to public offices and elective functions, the law may grant equality of treatment to Italian citizens not residing in the Republic.
Whoever may be called to fulfill public elective functions shall have the right to devote the time necessary to their exercise and to retain his place of employment.
Art. 52. The defense of the country is the sacred duty of the citizen.
Military service is compulsory within the limits and provisions estab- lished by law. Its fulfillment does not prejudice the citizen's employment status nor the exercise of his political rights.
The organization of the armed forces conforms to the democratic spirit of the country.
Art. 53. All persons are bound to assist in meeting public expenses in proportion to their capacity to contribute.
The fiscal system is predicated on a progressive scale.
Art. 54. All citizens have the duty to be faithful to the Republic and to observe its Constitution and its laws.
Citizens entrusted with public functions have the duty to fulfill them with conscientiousness and honor, taking oath in cases prescribed by law.
OF THE SENATE.[edit]
Art. 33. The Senate shall be composed of members, having attained the age of forty years, appointed for life by the King, without limit of numbers. • They shall be selected from the following categories of citizens:
1. Archbishops and Bishops of the State.
2. The President of the Chamber of Deputies.
3. Deputies after having served in three Legislatures.
4. Ministers of State.
5. Secretaries to Ministers of State.
6. Ambassadors.
7. Envoys Extraordinary after three years of such service.
8. The First Presidents of the Courts of Cassation and of the Chamber of Accounts.
9. The First Presidents of the Courts of Appeal.
10. The Attorney-General of the Courts of Cassation and the Prosecutor-General, after five years of service.
11. The Presidents of the Chambers of the Courts of Appeal after three years of service.
12. The Councillors of the Courts of Cassation and of the Chamber of Accounts after five years of service.
13. The Advocates-General and Fiscals-General of the Courts of Appeal after five years of service.
14. All military officers of the land and naval forces with title of general. Major-generals and rear-admirals after five years of active service in this capacity.
15. The Councillors of State after five years of service.
16. The members of the Regional and Provincial Councils after having served in three Councils.
17. The members of the Regional Committees.
17. The Provincial Governors {Intendenti generalif after seven years of service.
18. Members of the Royal Academy of Science of seven years standing.
19. Ordinary members of the Superior Council of Public Instruction after seven years of service.
20. Those who by their services or eminent merit have done honor to their country.
21. Persons who, for at least three years, have paid direct property or occupation taxes to the amount of 3000 lire.
Art. 34. The Princes of the Royal Family shall be members of the Senate. They shall take rank imme- diately after the President. They shall enter the Senate at the age of twenty-one and have a vote at twenty-five.
Art. 35. The President and Vice-Presidents of the Senate shall be appointed by the King, but the Senate chooses from among its own members its secretaries.
Art. 36. The Senate may be constituted a High Court of Justice by decree of the King for judging crimes of high treason and attempts upon the safety of the State, also for trying Ministers placed in accusation by the Chamber of Deputies.^ When acting in this capacity, the Senate is not a political body. It shall not then occupy itself with any other judicial matters than those for which it was convened; any other action is null and void.
Art. '^'j. No Senator shall be arrested except by virtue of an order of the Senate, unless in cases of flagrant
1 Intendenti generali were the heads of the divisions. They corresponded to the actual Pre/etti, the political and administrative heads of the Provinces, appointed by the Government.
2 The judicial regulations of the Senate when constituted a High Court of Justice bear date May 7, 1870. (For text see collection of laws referred to in note i. p. 25.)
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commission of crime. The Senate shall be the sole judge of the imputed misdemeanors of its members.^
Art. 38. Legal documents as to births, marriages and deaths in the Royal Family shall be presented to the Sen- ate and deposited by that body among its archives.
OF THE CHAMBER OE DEPUTIES.
Art. 39. The elective Chamber is composed of depu- ties chosen by the electoral colleges as provided by law.^
Art. 40. No person shall be a member of the Chamber who is not a subject of the King, thirty years of age, possessing all civil and political rights and the other qualifications required by law.
Art. 41. Deputies shall represent the nation at large and not the several Provinces from which they are chosen. No binding instructions may therefore be given by the electors.
Art. 43. Deputies shall be elected for a term of five years; their power ceases ipso jure at the expiration of this period.
iln judging misdemeanors of a criminal nature, the Senate is constituted a High Court of Justice.
2 The election law long in force was that of December 17, 1S60, which was subse- quently modified in July, 1875, and in May, 1877. In January, 1882, a comprehen- sive electoral reform was inaugurated by which the electoral age qualification was reduced from twenty-five to twenty-one years, and the tax qualification to an annual payment of nineteen lire eighty centesimi as a minimum of direct taxes. This law introduced a new provision requiring of electors a knowledge of reading and writing. It is an elaborate law of 107 articles (see reference in note i on page 25 for text). The provisions relating to the elections by general ticket were further revised by law of May and decree of June, 1S82, and the text of the whole law was co-ordinated with the preceding laws by Royal Decree of September 24, 1S82. It was again modified May 5th, 1891, by the abolition of elections on general tickets and the creation of a Commission for the territorial division of the country into electoral colleges. The number of electoral colleges IS at present fixed at 508, each electing one Deputy. Twelve artides of this law of 1882, as thus amended, have been again amended by a law dated June 28, 1S92, -prescribing further reforms in the control and supervision of elections, and by law ■of July II, 1894, on the revision of electoral and registration lists.
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Thb Constitution of Italy. 35
Art. 43. The President, Vice-presidents and Secre- taries of the Chamber of Deputies shall be chosen from among its own members at the beginning of each session for the entire session.
Art. 44. If a Deputy ceases for any reason whatsoever to perform his duties, the electoral college that chose him shall be convened at once to proceed with a new election.
Art. 45. Deputies shall be privileged from arrest during the sessions, except in cases of flagrant commis- sion of crime; but no Deputy may be brought to trial in criminal matters without the previous consent of the Chamber.
Art. 46. No warrant of arrest for debts* may be executed against a Deputy during the sessions of the Chamber, nor within a period of three weeks preceding or following the same.
Art. 47. The Chamber of Deputies shall have power to impeach Ministers of the Crown and to bring them to trial before the High Court of Justice.
PROVISIONS RELATING TO BOTH HOUSES.
Art. 48. The sessions of the Senate and Chamber of Deputies shall begin and end at the same time, and every meeting of one Chamber, at a time when the other is not in session is illegal and its acts wholly null and void.
Art. 49. Senators and Deputies before entering upon the duties of their office shall take an oath of fidelity to the King and swear to observe faithfully the Constitution and laws of the State and to perform their duties with
1 This article has been practically abolished by the Mancini law of December 6, 1877, doing away with personal arrest for debts.
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the joint welfare of King and country as the sole end in view.^
Art. 50. The office of Senator or Deputy does not entitle to any compensation or remuneration.^
Art. 51. Senators and Deputies shall not be held re- sponsible in any other place for opinions expressed or votes given in the Chambers.
Art. 52. The sessions of the Chambers shall be pub- lic. Upon the written request of ten members secret sessions may be held.
Art. 53. No session or vote of either Chamber shall be legal or valid unless an absolute majority of its members is present.^
Art. 54. The action of either Chamber on any ques- tion shall be determined by a majority of the votes cast.
Art. 55. All bills shall be submitted to committees elected by each House for preliminary examination. Any proposition discussed and approved by one Chamber shall, be transmitted to the other for its consideration and approval; after passing both Chambers it shall be pre- sented to the King for his sanction. Bills shall be dis- cussed article by article.*
Art. 56. Any bill rejected by one of the three legis- lative powers cannot again be introduced during the same session.
Art. 57. Every person who shall have attained his
1 According to the law of December 30, 1882, a Deputy loses all claim to his seat if he does not take the prescribed oath within two months after election.
" A law to salary the Deputies was introduced in 1882 by Francisco Crispi, when Deputy, but was rejected by the Chamber of Deputies.
8 This article is not observed in actual parliamentary practice.
- This provision has necessarily been somewhat modified by the exigencies of
business before the Chambers. Articles are therefore grouped as far as possible for purposes of debate, but always voted upon separately.
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The Constitution of Italy. 37
majority has the right to send petitions to the Chambers, ■which in turn must order them to be examined by a committee; on report of the committee each House shall decide whether they are to be taken into consideration, and if voted in the affirmative, they shall be referred to the competent Minister or shall be deposited with a Government Department for proper action.
Art. 58. No petition may be presented in person to either Chamber. No persons except the constituted authorities shall have the right to submit petitions in their collective capacity.
Art. 59. The Chambers shall not receive any depu- tation, nor give hearing to other than their own members and the Ministers and Commissioners of the Govern- ment.
Art. 60. Each Chamber shall be sole judge of the qualifications and elections of its own members.
Art. 61. The Senate as well as the Chamber of Depu- ties shall make its own rules and regulations respecting its methods of procedure in the performance of its respective duties.^
Art. 62. Italian shall be the official language of the ■Chambers. The use of French shall, however, be per- mitted to those members coming from French-speaking districts and to other members in replying to the same.^
Art. 63. Votes shall be taken by rising, by division, and by secret ballot. The latter method, however, shall always be employed for the final vote on a law and in all cases of a personal nature.
> The manual of rules now in use in the Senate and Chamber of Deputies were adopted in 1876 and 1868 respectively, but both have been subjected to some revis- ion. The text is to be found in collection already referred to, note i, page 25.
' Second clause, now of no efifect, applied to Savoy and Nice, now part of France, ty terms of treaty of March 24, 1S60.
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38 Annaw of the American Academy.
Art. 64. No one shall hold the office of Senator and Deputy at the same time.
OP THE MINISTERS.
Art. 65. The King appoints and dismisses his minis- isters.^
Art. 66. The Ministers shall have no vote in either Chamber unless they are members thereof. They shall have entrance to both Chambers and must be heard upon request.
Art. 67. The Ministers shall be responsible.^ Laws and decrees of the government shall not take effect until they shall have received the signature of a Minister.
OE THE judiciary.
Art. 68. Justice emanates from the King and shall be administered in his name by the judges he appoints.
Art. 69. Judges appointed by the King, except Can- tonal or District judges {di mandamento), shall not be removed after three years of service.^
^ A Royal Decree dated August 25, 1876, contains the rules for the proceedings in Cabinet Council {Consiglio dei Minisieri) . The Act of February 12,1888, concern- ing the Council of Ministers, provides that their number and functions shall be determined by Royal Decree. This is in accordance with the settled principle of Italian public law by which the King may modify the internal organization of the executive department of the government by royal decree.
2 The responsibility of ministers has not as yet been defined by law ; the Man- dni ministry in 1878 appointed a commission to prepare such a law, but its labors came to naught.
^ After some attempts to do away with this guarantee, a law, passed December 6, 1865, gave the government the right to remove judges, provided the latter were guaranteed the same grade and salary. This prerogative of the government was later weakened by a decree of January 4, 1880, which instituted a Commis- sion of the Ministry of Justice, composed of four Councillors of the Courts of Cas- sation and one member of the bar at the same courts, charged with the duty of giving advice upon the removal of judges. Judges di mandamento are known as preiore and have jurisdiction over political divisions comprising several com- munes. There are 1535 such divisions or Mandamenti.
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The Constitution of Italy. 39
Art. 70. Courts, tribunals and judges are retained as at present existing. No modification shall be introduced except by law.^
Art. 71. No one sball be taken from his ordinary legal jurisdiction. It is therefore not lawful to create extraordinary tribunals or commissions.*
Art. 72. The proceedings of tribunals in civil cases and the hearings in criminal cases shall be public as provided by law.
Art. 73. The interpretation of the laws, in the form obligatory upon all citizens, belongs exclusively to the legislative power.
GENERAI, PROVISIONS.
Art. 74. Communal and provincial institutions and the boundaries of the communes and provinces shall be regulated by law.^
Art. 75. The military conscriptions shall be regu- lated by law.
Art. 76. A communal militia shall be established on a basis fixed by law.°
1 See law of December 6, 1865, for organization of the Judiciary, and the organic law for the Court of Assizes and for jury trials, dated June 8, 1874.
!The code of penal procedure, however, in Article 766 seems to run directly counter to this clause by the provision that in case of reasonable suspicion, or on the grounds of public safety, the accused may be removed for trial from the regu- larly constituted jurisdiction.
8 I^aw of March 20, 1865, A new law was discussed by the Chamber of Deputies May, 18S0, but the favorable report of the committee was rejected by the Chamber in December, 1881. On the tenth of February, 1889, a new law was passed, since modified by the Acts of July 5, 1889, and that of 1894.
- I^w of June 7, 1875, ^s modified by military legislation in 1882.
s The first law on this subject was dated March 4, 1848; this was followed by law of February 27, 1859, regulating the election of officers, the division into corps. Another law dated August 4, 1861, applies to the militia. The national guard as such became extinct after the military law of June 14, 1874.
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40 Annai,s of the American Academy.
Art. ']•]. The State retains its flag, and the blue cock- ade is the only national one.'
Art. 78. The knightly orders now in existence shall be maintained with their endowments, which shall not be used for other purposes than those specified in the acts by which they were established. The King may create other orders and prescribe their constitutions.
Art. 79. Titles of the nobility are guaranteed to those who have a right to them. The King may confer new titles.
Art. 80. No one may receive orders, titles or pen- sions from a foreign power without the King's consent.
Art. 81. All laws contrary to the provisions of the present constitution are hereby abrogated.
TRANSITORY PROVISIONS.
Art. 83. This statute shall go into effect on the day of the first meeting of the Chambers, which shall take place immediately after the elections. Until that time urgent public service shall be provided for by royal ordinances according to the mode and form now in vogue, excepting, however, the ratifications and registrations in the courts which are from now on abolished.
Art. 83. In the execution of this statute the King reserves to himself the right to make the laws for the
' A few days after the promulgation of this Constitution, King Charles Albert issued a proclamation (March 25, 1S48), to the inhabitants of lyombardy and the Province of Venice saying that he had adopted the three Italian colors, green, white and red. Two subsequent decrees, dated April 11 and 28, 1848, gave the ■' new colors " to the marine and to the communal militia, and these acts of exec- utive power have been held to be legal because the Constitution was not yet in force according to the terms of Article 82.
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The Constitution of Itai,y. 41
press, elections, communal militia and organization of the Council of State. Until the publication of the laws for the press, the regulations now in force on this subject remain valid.
Art. 84. The Ministers are entrusted with, and are responsible for the execution and full observance of these transitory provisions.
Charles Albert.
The Minister and First Secretary of State for Internal
Affairs, BoRELLi. The First Secretary of State for Ecclesiastical Aflfairs
and for Pardon and Justice, Director of the Great
Chancery, AvET. The First Secretary of State for Finance, Di REVEL. First Secretary of State for Public Works, Agriculture,
and Commerce, Des Ambrois. First Secretary of State for Foreign Affairs, E. Di San
Marzano. First Secretary of State for War and Navy, Broglia. First Secretary of State for Public Instruction, C.
Alfieri.
FUNDAMENTAL PRINCIPLES[edit]
PART II
STRUCTURE OF THE KINGDOM
Title I
THE PARLIAMENT
Section 1 The Chambers.
Art. 55. Parliament is composed of the Chamber of Deputies and the Senate of the RepubUc.
Parhament meets in joint session of the members of both chambers only in the cases provided for by the Constitution.
Art. 56. The Chamber of Deputies is elected by universal and direct suffrage on the basis of one deputy for every eighty thousand inhabitants or for a fraction greater than forty thousand.
All voters who have attained twenty-five years of age on the day of the elections are eligible to become deputies.
Art. 57. The Senate of the Republic is elected on a regional basis.
To each region is assigned one senator for every two hundred thousand inhabitants or fractions over one hundred thousand.
No region may have less than six senators. The Val d'Aosta has one senator only.
Art. 58. Senators are elected by universal and direct ballot by voters over twenty-five years of age.
Voters who have attained their fortieth year are eligible to become senators.
Art. 59. Whoever has been President of the Republic becomes senator b}^ right and for life, unless he declines the office.
The President of the Republic may appoint as senator for life five citizens who have brought fame to the country by exceptional merit in the social, scientific, artistic, or Uterary fields.
Art. 60. The Chamber of Deputies is elected for five years and the Senate of the Republic for six.
The life of each chamber may not be extended except by law and only in the event of war.
Art. 61. The elections of the new chambers take place within seventy days after the termination of the preceding chambers. The first meeting takes place not later than the twentieth day after the elections.
Until the new chambers have met, the powers of the preceding chamber are extended.
Art. 62. The chambers convene automatically on the first non-holiday of February and October.
Each chamber may be convened in extraordinary session on the initia- tive of its president or of the President of the Republic or of a third of the members of the chamber.
When one chamber meets in extraordinary session the other is also automatically convened.
Art. 63. Each chamber elects from its members its president and the staff of the presidency.
Whenever Parliament sits in joint session, its president and the staff of the presidency are those of the Chamber of Deputies.
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Art. 64. Each chamber adopts its regulations by an absolute majority of its members.
Meetings are public; however, either of the two chambers and the joint session of Parliament may decide to meet in secret session.
The decisions of each chamber and of Parliament are not valid unless the majority of their members is present and unless they are approved by a majority of those present, except when a special form of majority is prescribed by the Constitution.
The members of the government, even if they do not belong to the chambers, have the right, and, if requested, the obligation to be present at the sessions. They must be heard whenever they so request.
Art. 65. The law determines cases of ineligibility and unfitness for ofhce of deputy or of senator.
No one may be simultaneously a member of both chambers.
Art. 66. Each chamber decides upon the qualifications of its members and upon supervening reasons for ineligibility or unfitness.
Art. 67. Each member of Parliament represents the Nation and exer- cises his functions without restriction of mandate.
Art. 68. Members of Parliament may not be prosecuted for opinions expressed or votes cast in the exercise of their functions.
Without authorization of the chamber to which he belongs, no member of Parliament may be subjected to penal proceedings; nor may he be arrested, or otherwise deprived of his personal freedom, or subjected to search of his person or dwelling, unless he be discovered in a flagrant crime for which a warrant or an order of arrest is obligatory.
The same authorization is required to place under arrest or hold in detention a member of Parliament, even in execution of an irrevocable sentence.
Art. 69. Members of Parliament receive an indemnity fixed by law.
Section II Formation of Laws
Art. 70. The legislative function is exercised collectively by the two chambers.
Art. 71. The initiation of laws is vested in the government, in each member of the two chambers and in bodies and agencies on which it is conferred by constitutional law.
The people exercise the initiation of laws by the submission on the part of at least fifty thousand voters of draft laws drawn up in articles.
Art. 72. Every draft of a law presented to a chamber must be ex- amined by a committee in accordance with that chamber's regulations and then approved by the chamber itself, article by article, and with final vote.
The regulations establish abbreviated procedures for draft laws which have been declared urgent.
Further, the regulations may establish in what cases and manner the examination and approval of draft laws are entrusted to committees, including permanent ones, composed so as to reflect the proportion of parliamentary groups. Even in such cases, up to the moment of its approval, the draft law is referred to the chamber, if the government or one-tenth of the members of the chamber, or one-fifth of the committee
288 Constitutions of Nations
request that it be discussed or voted upon by the chamber itself or that it be submitted to its final approval by simple declaration of vote. The regulations determine the extent to which the records of the committee shall be open to the public.
The normal procedure for examination and direct approval by the chamber is always adopted for draft laws dealing with constitutional and electoral questions, or for those relating to a delegation of legislative power, to authorization to ratify international treaties, and to the ap- proval of budgets and financial measures.
Art. 73. Laws are promulgated by the President of the Eepublic within one month of their approval.
If the chambers declare the urgency thereof, each by an absolute ma- jority of its members, a law may be promulgated within the time limit set therein.
Laws are published directly after promulgation and become effective fifteen days after their publication unless the laws themselves establish a different time limit.
Art. 74. The President of the Republic, before the promulgation of a law, may transmit to the chamber a duly considered message requesting a new decision.
If the chambers approve the law once again, it must be promulgated.
Art. 75. A popular referendum is called in order to decide upon the total or partial repeal of a law, or an act having the value of a law, whenever five hundred thousand electors or five regional councils so request.
Referendum is not authorized for budget and fiscal legislation, for par- don and amnesty, and for the authorization to ratify international treaties.
All citizens eligible to elect the Chamber of Deputies have the right to participate in a referendum.
The proposal submitted to referendum is approved if the majority of the eligible voters have taken part in the vote and if the proposal obtains the majority of the votes validly cast.
The law determines the procedures for carrying out a referendum.
Art. 76. The exercise of the legislative function cannot be delegated to the government unless directive principles and standards have been specified and only for a limited time and for definite objectives.
Art. 77. The government cannot issue decrees having the force of ordinary laws without the authorization of the chambers.
When, in extraordinary cases of necessity and urgency, the govern- ment, on its own responsibility, adopts provisional measures having force of law, it must on the same day present them to the chambers for conver- sion into law. Should the chambers be in recess, they are expressly convoked and meet within five days.
Decrees lose their efficacy as of their date of issue if not converted into law within sixty days of their publication. The chambers may, however, regulate by law juridical relations which arose on the basis of non- converted decrees.
Art. 78. The chambers decide upon the existence of the state of war and confer on the government the necessary powers.
Art. 79. Annesty and pardon are granted by the President of the Republic, on the basis of a delegation in the form of a law approved by the chambers.
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They may not be granted for crimes committed subsequent to the proposal of the amnesty law.
Art. 80. The chambers authorize by law ratification of those interna- tional treaties which are of a political nature, which involve arbitrations or judicial regulations, or which entail changes in the national territory, financial burdens, or modifications of laws.
Art. 81. Each year the chambers approve the budgets and the final report presented by the government.
Provisional application of the budget may be conceded only by law and for periods not exceeding in toto four months.
New taxes and new expenditures cannot be established in the law approving the budget.
In any other law involving new and larger expenditures, the means to meet said expenditures must be indicated.
Art. 82. Each chamber may institute inquiries on matters of public interest.
For this purpose the chamber appoints from its members a commission composed so as to reflect the proportion of its various groups. The in- vestigating commission effects inquiries and examinations with the same powers and limitations as the judicial authorities.
Title II. THE KING[edit]
Art. 83. The throne is hereditary according to order of primogeniture, with priority given to the first line over subsequent lines; within the same line, the closer grade over the more remote; within the same grade, the male over the female, and in the same sex, the elder over the younger.
A person who is not born in the direct line of descent from the last reigning Queen or King or a sister or brother thereof, or is herself or himself a sister or brother thereof, cannot succeed to the throne.
For those persons born before the year 1948, however, Salic law shall govern the succeession to the throne.
The provisions of this Constitution in reference to the King are also applicable to a Queen if she has succeeded to the throne.
Art. 84. The King shall attain his majority upon attaining twenty-one years of age.
The King-Father or Queen-Mother has charge of the education of the King until he has completed his seventh year; from this time on his guardianship passes into the hands of the regent.
During the King's minority, the Princess or Prince who is his nearest relative in the order of succession to the throne, shall be regent of the realm, provided she or he can succeed to the throne and has attained twenty-one years of age.
Should the Princess or Prince upon whom the regency devolves be still in her or his minority and this duty pass to a more distant relative, the regent who actually takes office shall continue in the same until the King becomes of age.
In the absence of relatives who can succeed to the throne, the regency devolves upon the King-Father or Queen-Mother.
Art. 85. In the event of the prior decease of the King-Father or Queen-Mother, the regent shall be elected by Parliament in joint session of its members. In the meantime the regency devolves upon the president of the Senate.
Any citizen having reached fifty years of age and enjoying his full civil and political rights may be elected regent.
The vote is participated in by three delegates for each region, elected by the regional council in such a way as to assure minority representation. The Val d'Aosta has one delegate only.
The president of the Chamber of Deputies calls for the election of a regent within fifteen days, although if the chambers have been dissolved, or if the end of the legislature is less than three months off, the election takes place within fifteen days after the first session of the new chambers.
The election of the regent takes place by secret ballot by a two-thirds majority of the assembly. After the third ballot an absolute majority suffices.
Art. 86. The preceding provisions in reference to the regency are also applicable in case the King has attained his majority, but is physically incapable of reigning. Under such circumstances, if the heir presumptive to the throne has attained twenty-one years of age, she or he shall be regent of full right.
Art. 87. Consanguinity or affinity within the sixth degree of the King, as well as the office of regent, are incompatible with any other appointment.
The annual civil list of the King and heir apparent to the throne, the allowances of the Princesses and Princes of the royal family of consanguinity or affinity within the sixth degree of the King, and the salary and allowances of the King are established by law.
Art. 88. The King is the Head of the State and represents the unity of the nation.
His person is sacred and inviolable.
He can send messages to the chambers.
He calls the elections of the new chambers and sets the date of their first session.
He authorizes the presentation to the chambers of draft legislation originating with the government.
He promulgates laws and issues regulations and decrees having force of law.
He proclaims popular referendum in cases provided by the Constitution.
He appoints state functionaries in cases provided for by law.
He accredits and receives diplomatic representatives, ratifies international treaties, with previous authorization from the chambers when necessary.
He commands the armed forces, presides over the supreme council for defense established by law and declares the state of war decided upon by the chambers.
He presides over the superior council of the magistrature.
He may grant pardons and commute sentences.
He confers the honors of the Kingdom.
Art. 89. The King may dissolve the chambers or one of them after consulting their respective Presidents.
Art. 90. No act of the King is valid if it is not countersigned by the ministers proposing it, who assume responsibility therefor.
Acts having legislative force and others prescribed by law are countersigned also by the president of the council of ministers.
Art. 91. Before assuming his functions, the President of the Republic takes an oath of fidelity to the Republic and of observance of the Consti- tution before Parliament sitting in joint session.
Title III. THE GOVERNMENT[edit]
Section I The Council of Ministers
Art. 92. The government of the Republic consists of the president of the council and of the ministers, who together form the council of minis- ters.
The President of the Republic appoints the president of the council of ministers, and, on his proposal, the ministers.
Art. 93. The president of the council of ministers and the ministers, before assuming office, take the oath before the President of the Republic.
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Art. 94. The government must have the confidence of the two chambers.
Each chamber grants or revokes confidence by means of a proper motion submitted to vote by roll call.
The government presents itself before the chambers for a vote of confi- dence within ten days of its formation.
A contrary vote of one or both of the chambers on a government pro- posal does not require the resignation of the government.
A motion of no-confidence must be signed by at least a tenth of the members of the chamber and may not be submitted to discussion until three days after its presentation.
Art. 95. The president of the council of ministers directs the general policy of the government and is responsible therefor. He maintains the unity of political and administrative policy, by promoting and co-ordinat- ing the activity of the ministers.
The ministers are responsible collectively for the actions of the council of ministers and individually for those of their own ministries.
The law provides for the organization of the presidency of the council and determines the number, the functions, and the structure of the ministries.
Art. 96. The president of the council of ministers and the ministers may be impeached by Parliament, sitting in joint session, for offenses committed in the exercise of their functions.
Section II Public Administration
Art. 97. Public offices are organized in accordance with the provisions of the law in such a way as to assure the satisfactory operation and the impartiality of the administration.
In the scheme of organization of the offices, the spheres of jurisdiction, the functions, and the responsibilities of the functionaries are defined.
Employees of the public administration are appointed through competi- tive examination, except in cases established by law.
Art. 98. Civil servants are in the exclusive service of the nation.
If they are members of Parliament, their promotion depends exclusivel} on seniority.
The law may establish limitations on the right of magistrates, profes- sional soldiers on active service, functionaries and members of the police forces, and diplomatic and consular representatives abroad to belong to political parties.
Section III Auxiliary Bodies
Art. 99. The national economic and labor council is composed, in the manner prescribed by law, of experts and representatives of the producer classes in such a way as to take into account their numerical and qualita- tive importance.
It is the consulting body of the chambers and the government for those matters and in accordance with those functions which are assigned to it by law.
292 Constitutions of Nations
It enjoys legislative initiative and may contribute to the elaboration of economic and social legislation mthin the limits and in accordance with the provisions of the law.
Art. 100. The council of state is the body for juridico-administrative consultation and for the assurance of justice in the administration.
The court of accounts exercises a prior control on the legality of govern- ment acts and also a review control on the management of the state budget. For the cases and in the manner established by law, it partici- pates further in the control over the financial management of those agen- cies to which the state ordinarily contributes. It reports its findings directly to the chambers.
The law guarantees the independence of these two institutions and of their members in respect to the government.
Title IV
THE MAGISTRATURE
Section I Judicial Organizations
Art. 101. Justice is administered in the name of the people. Judges are subject solely to the law.
Art. 102. The judicial function is exercised by regular judges ap- pointed and governed by the rules on judicial organization.
Extraordinary judges or special judges cannot be appointed. However, specialized sections for specific matters can be attached to ordinary judicial bodies, also with the participation of qualified citizens from out- side the magistrature.
The law establishes the cases and the procedure for direct participation of the people in the administration of justice.
Art. 103. Jurisdiction to protect legitimate interests with regard to the public administration shall be vested in the council of state and other organs of administrative justice. In certain cases determined by law, such jurisdiction shall extend to subjective rights.
The court of accounts has jurisdiction over questions involving public accounts and over other matters specified by law.
Military courts in time of war have the jurisdiction vested in them by law. In time of peace, they have jurisdiction only over military offenses committed by members of the armed forces.
Art. 104. The magistrature constitutes an order which is autonomous and independent of any other power.
The superior council of the magistrature is presided over by the Presi- dent of the Republic.
The first president and the general prosecutor of the court of cassation are ex-officio members of the council.
The other members are elected two-thirds by all the ordinary magis- trates from members of the various categories of the magistrature, and one-third by Parliament in joint session from university professors of legal subjects and lawyers with fifteen years of practice.
The council elects a vice-president from the members appointed by Parliament.
The elected members of the council remain in office four years and may not be re-elected immediately.
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They may not, while they are in office, be registered in professional lists or be members of Parliament or of regional councils.
Art. 105. In accordance with the provisions of the judicial organiza- tion, appointments, assignments, and transfers, promotions and disci- plinary measures against magistrates are the responsibility of the superior council of the magistrature.
Art. 106. Appointments of magistrates are made on the basis of competitive examination.
The law on the judicial organization may allow the appointment or election of non-career magistrates to all functions which fall within the competence of judges acting in an individual capacity.
On recommendation of the superior council of the magistrature and for exceptional merit, university professors of legal subjects and lawyers with fifteen years of practice who are inscribed in the special register for courts of superior jurisdictions may be appointed to the office of councilors of cassation.
Art. 107. Judges are irremovable. They may not be discharged or suspended from service or transferred to another office or function except by decision of the superior council of the magistrature adopted either for reasons and with the guarantee of defense provided for by the rules of the judicial organization or with their consent.
The minister of justice is empowered to initiate disciplinary action.
Magistrates are differentiated from each other only by the diversity of their functions.
Public prosecutors enjoy the guarantees assured to their office by the rules of the judicial organization.
Art. 108. The regulations on the judicial organization and on each magistrature are established by law.
The law guarantees the independence of judges having special jurisdic- tions, of the public prosecutor attached to such jurisdictions, and of laymen taking part in the administration of justice.
Art. 109. The judicial police is at the direct disposal of the judicial authority.
Art. 110. The organization and management of all services connected with the administration of justice outside the jurisdiction of the superior council of the magistrature are the responsibility of the ministry of justice.
Section II Rules on Jurisdiction
Art. 111. All jurisdictional measures must be duly supported by motives reduced to writing.
Appeal in cassation for violation of the law is always allowed against sentences and against measures affecting personal liberty emanating from the organs of ordinary or special jurisdiction. Exceptions to this ruling may be made only for sentence of military courts in time of war.
Appeal in cassation against decisions of the council of state and of the court of accounts is allowed only for jurisdictional reasons.
Art. 112. It is the obligation of the pubhc prosecutor to carry out penal action.
Art. 113. Judicial protection of rights and legitimate interests against acts of the public administration is always permitted before the organs of ordinary and administrative jurisdiction.
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Such judicial protection cannot be suppressed or limited for specific categories of acts or to special forms of procedure.
The law specifies which organs of jurisdiction may annul acts of the public administration in the cases and with the effects prescribed by the law itself.
Title V
Regions, Provinces, and Communes
Art. 114. The Republic is divided into regions, provinces, and com- munes.
Art. 115. The regions are established as autonomous bodies having their own powers and functions in accordance with the principles set out in the Constitution.
Art. 116. Special forms and conditions of autonomy are granted to Sicily, Sardinia, Trent-Alto Adige, Friuli, Venezia-Giulia, and the Val d'Aosta under specific statutes adopted through constitutional legisla- tion.
Art. 117. Within the limits of the general principles established by the laws of the State, the region promulgates statutory legislation for the following matters, provided such legislation does not contrast with the national interest:
Organization of regional offices and administrative agencies dependent on the region;
Communal districts;
Local police (urban and rural) ;
Fairs and Markets;
Public welfare, and health and hospital assistance;
Professional and artisan instruction and assistance to students;
Local museums and libraries;
City planning;
Tourist and hotel business;
Tramlines and motor lines of regional interest;
Roads, aqueducts, and public works of regional interest ;
Lake navigation and ports;
Mineral and thermal waters;
Stone quarries and peat-bogs;
Hunting;
Fishing in inland waters ;
Agriculture and forests;
Handicrafts ;
and other matters specified by constitutional legislation.
The power to enact regulations for the implementation of the laws of the Republic may be delegated to the regions.
Art. 1 18. Administrative functions connected with the matters listed in the preceding Article are exercised by the region, with the exception of those of purely local interest, which may be assigned by law of the Republic to the provinces, communes, and other local agencies.
The State may by law delegate to the region the exercise of other administrative functions.
The region normally exercises its administrative functions by delegat- ing them to the provinces, communes, or other local agencies, or by mak- ing use of their offices.
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Art. 119. Regions have financial autonomy in the form and within the limits established by the laws of the Republic, which co-ordinate it with state, provincial, and communal finance.
Regions levy their own taxation and are assigned a quota of state taxes, in relation to their needs for expenditures necessary to carry out their normal functions.
In order to provide for specific aims and in particular to improve the status of Southern Italy and of the Islands, the State grants by law special funds to single regions.
The region has its own demesne and its own patrimony, according to the procedure established by the law of the Republic.
Art. 120. The region ma} not institute import, export, or transit duties between regions.
The region cannot take measures which would in any way interfere w^ith the free circulation of persons and things between regions.
It cannot limit the right of citizens to exercise in any part of the national territory their profession, employment, or work.
Art. 121. The official organs of the region are: the regional council, the regional committee and its president.
The regional council exercises the legislative powers granted to the regions and the other functions conferred upon it by the Constitution and by law. It may propose laws to the chambers.
The regional committee is the executive organ of the region.
The president of the committee represents the region; he promulgates regional laws and regulations; he directs the administrative functions delegated bj^ the State to the region, following the instructions of the central government.
Art. 122. The method for election and the number of regional coun- cillors and their ineligibility or incompatibility are established by the law of the Republic.
No one may be simultaneously a member of a regional council and of one of the chambers of Parliament or of another regional council.
The council elects, in order to conduct its activities, a president and the members of the presidential staff.
Regional councillors may not be called upon to answer for opinions expressed or votes cast during the exercise of their functions.
The President and the members of the committee are elected by the regional council from its own members.
Art. 123. Each region has its statute which, in harmony with the Constitution and the laws of the Republic, establishes the norms rela- tive to the internal organization of the region. The statute regulates the exercise of the right of initiative and referendum on laws and adminis- trative provisions of the region and the publication of the regional laws and regulations.
The statute is passed by the regional council by absolute majority of its members and approved by law of the Republic.
Art. 124. A commissioner of the government, residing in the capital of the region, supervises the administrative functions exercised by the State and co-ordinates them with those exercised by the region.
Art. 125. Control on the legality of administrative acts of the region is exercised, in a decentralized form, by an organ of the State in the man- ner and within the limits established by the laws of the Republic. The
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law may in certain cases permit a control over the merits of such acts for the sole purpose of obtaining, by due request, that the regional council re- examine a decision.
Organs of administrative justice of first instance are set up in each re- gion in accordance with the organization established by the law of the Republic. Sections of these organs may be set up in seats other than the regional capital.
Art. 126. The regional council may be dissolved when it performs acts contrary to the Constitution or seriously violates the law or when it does not abide by the government's request to replace the committee or the president for having performed such acts or violations.
It may be dissolved when, through resignations or because of the im- possibility of constituting a majority, it is unable to perform its functions.
It may also be dissolved for reasons of national security.
Dissolution is effected by duly authorized decree of the President of the Republic after consultation with a commission of deputies and senators appointed, as established by law of the Republic, to deal with regional questions.
The decree of dissolution is accompanied by the appointment of a commission of three citizens eligible for the regional council. This com- mission calls elections within three months and meanwhile provides for ordinary administration devolving upon the committee and for measures which cannot be postponed, to be submitted later to the ratification of the new council.
Art. 127. Each law approved by the regional council is communicated to the commissioner of the government who, unless the government is op- posed, must approve it within thirty days of such communication.
The law is promulgated within ten days of the commissioner's approval and enters into force not before fifteen days after its publication. If a law is declared urgent by the regional council, and the government of the Repubhc approves it, its promulgation and entry into force is not sub- jected to the above delays.
Whenever the government of the Republic considers that legislation approved by the regional council exceeds the powers of the region or is contrary to the national interests or to the interests of other regions, it returns such legislation to the regional council within the time limit fixed for its approval.
Should the regional council approve the law anew by an absolute ma- jority of its membership, the government of the Republic may, within fifteen days of its communication to the government, bring the question of its legality before the constitutional court, or before the chambers on a substantive question of conflicting interests. In case of doubt, the court settles the question of jurisdiction.
Art. 128. Provinces and communes are autonomous bodies in con- formity with the principles established by general laws of the Republic, which determine their functions.
Art. 129. Provinces and communes also are areas of regional and statal decentralization.
Provincial areas may be subdivided into districts with exclusively ad- ministrative functions, as a form of further decentralization.
Art. 130. An agency of the region, established in the manner prescribed by law of the Republic, exercises, also in a decentralized manner, a control
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over the legality of the acts of the provinces, communes, and other local bodies.
In certain cases provided by law a control over the merits of such acts may be instituted in the form of a duly considered request to the bodies concerned to re-examine their decision.
Art. 131. The following regions are constituted:
Piedmont
Liguria
Abruzzi and Molise
Val d'Aosta
Emilia-Romagna
Campania
Lombardy
Tuscany
Puglia
Trentino-Alto Adige
Umbria
Basilicata
Veneto
Marche
Calabria
Friuli-Venezia Giulia
Lazio
Sicily
Sardinia
Art. 132. Through constitutional law, after consultation with the regional councils, existing regions may be merged or new regions created with a minimum of one million inhabitants whenever communal councils representing at least one-third of the population concerned make such a request and when the proposal is approved through referendum by the majority of the population itself.
By referendum and through law of the Republic, after consultation with the regional councils, provinces and communes, if they so request, may be detached from one region and attached to another.
Art. 133. Changes of provincial boundaries and formation of new provinces within a region are effected by law of the Republic upon initiative of the communes and after consulting the region concerned.
After having consulted the population concerned, the region may, through its own legislation, constitute on its own territory new communes, modify the area of the communal districts, and change the names of communes.
Title VI
CONSTITUTIONAL GUARANTEES
Section I Constitutional Court Art. 134. The Constitutional Court judges:
Disputes concerning the constitutional legalitj of laws and of acts having force of law enacted by the State and the regions;
Conflicts of jurisdiction between the powers of the State and conflicts be- tween the State and the regions and between regions;
Charges preferred against the President of the Republic or the ministers in accordance with the provisions of the Constitution.
Art. 135. The Constitutional Court is composed of fifteen judges ap- pointed as follows: one-third by the President of the Republic, one-third by Parliament in joint session, and one-third by the supreme magistra- tures, ordinary and administrative.
The judges of the Constitutional Court are selected from judges, even if retired, of the superior, ordinary, and administrative jurisdictions, from university professors of law, and from lawyers who have practised their profession for twenty years.
The Court elects its president from among its members.
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Judges are appointed for twelve years and are replaced in rotation according to the provisions of the law. They are not immediately re- eligible.
The office of judge of the Court is not compatible with those of member of Parliament or of a regional council, or with the legal profession, or any other profession or office specified by law.
In cases of indictment of the President of the Republic and of ministers, sixteen outside members take part, in addition to the ordinary judges of the Court. These are elected at the start of each legislature by Parlia- ment in joint session from citizens possessing the requisites for eligibility to the Senate.
Art. 136. Whenever the Court pronounces a provision of law or an act having force of law as being constitutionally illegal, such provision or act becomes invalid on the day following the publication of the decision.
Decisions of the Court are published and communicated to the chambers and to the regional councils concerned in order that they may, when they consider it necessary, issue provisions conforming to the Constitution.
Art. 137. The conditions, the form, and the time limit for the exami- nation of decisions of constitutional legality are established by constitu- tional statute, as are the guarantees for the independence of the judges of the Court.
Other regulations necessary for the formation and functioning of the Court are established through ordinary legislation.
No appeal against the decisions of the Constitutional Court is ad- mitted.
Section II Revision of the Constitution. Constitutional Legislation
Art. 138. Laws for the revision of the Constitution and other consti- tutional laws are adopted by each of the chambers in two successive de- liberations with an interval of not less than three months, and are ap- proved by absolute majority of the members of each chamber on the second vote.
Such laws are submitted to popular referendum whenever within three months of their publication one-fifth of the members of a chamber or five hundred thousand voters or five regional councils so request. A law which is the subject of a referendum is not promulgated unless approved by the majority of the valid votes.
A referendum does not take place if the law has been approved by each chamber by a two-thirds majority of its members on the second vote.