Italy is a democratic Republic, founded upon the work.
Sovereignty belongs to the people that uses it in the forms and in the limits
of the Constitution.
The Republic recognizes and guarantees the inviolable laws of the man, either
as individual either in the social formations where his personality is developed
and it requires the fulfillment of the inviolable duties of political, economic
and social solidarity.
All citizens have equal social dignity and they are equal in front of the law,
without distinction of sex, race, language, religion, political opinions, personal
and social conditions.
It's duty of the Republic to remove the obstacles of economic and social order,
that, limiting of fact the liberty and the equality of the citizens, prevents
the full development of the human person and the real participation of all workers
to the political, economic and social organization of the Country.
The Republic recognizes to all citizens the right to the job and promotes the
conditions that make real this right.
Each citizen has duty to develop, according to his own possibilities and his own
choice, an activity or a function that contributes to the material or spiritual
progress of the society.
The Republic, one and indivisible, recognizes and promotes local autonomies;
it effects in the services that depend from the State the amplest administrative
decentralization; it adjusts the principles and the methods of its legislation
to the demands of the autonomy and the decentralization.
The Republic protects with special norms the linguistic minorities.
The State and the Catholic Church are, each one in its own order, independent
Their relationships are regulated by the Lateran Pacts. The modifications of the
Pacts, accepted by the two parts, don't require procedure of constitutional revision.
All the religious confessions are equally free in front of the law.
The religious confessions different from the Catholic one have the right to get
organized according to their own statutes, when they are not in contrast to the
Italian juridical system.
Their relationship with the State is regulated by law on the base of agreements
with the concerning representations.
The Republic promotes the development of the culture and the scientific search
It protects the environment and the historical and artistic patrimony of the Nation.
The Italian juridical system conformed itself to the generally recognized norms
of the international law.
The juridical condition of the foreigner is regulated by law in conformity of
the norms and the international agreements.
The foreigner, to who is prevented in his country the real exercise of the democratic
liberties guaranteed by the Italian Constitution, has the right of asylum in the
territory of the Republic, according to the conditions established by law.
The extradition of the foreigner is not admitted for political crimes
(*) The law constitutional June, 21 1967, n. 1, says that the last paragraph of
the art. 10 and the last paragraph of the art. 26 of the Constitution are not
applied to the crimes of genocide.
Italy repudiates the war as tool of offense to the liberty of other people
and as mean of resolution of the international controversies; it allows, under
conditions of parity with other States, to the necessary limitations of sovereignty
to a system that ensure the peace and the justice between the Nations; it promotes
and it favors the international organizations addressed to such purpose.
The flag of the Republic is the Italian tricolor: green, white and red, with
three vertical bends of equal dimensions.
First Part: Rights and Duties of the Citizens
Title 1 Civil Relationship
Personal liberty is inviolable.
It is not admitted any form of detention, inspection or personal search, neither
any other restriction of the personal liberty, if not for action motivated from
the judicial authority and in the only cases and ways foreseen by law.
In exceptional cases of necessity and urgency, perentoriable indicated by law,
the authority of police can adopt provisional provisions that must be communicated
within forty-eight hours to the judicial authority and, if this one doesn't confirm
them in the following forty-eight hours, they are revoked and they are deprived
of every effect.
It is punished every physical and moral violence on the persons in any way submitted
to restrictions of liberty.
The law establishes the maximum limits of the preventive incarceration.
The domicile is inviolable.
Inspections or searches or sequestration cannot be performed, if not in the cases
and ways established by law according to the guarantees prescribed for the guardianship
of the personal liberty.
The checks and the inspections for motives of health and public safety or to economic
and fiscal purpose are regulated by special laws.
The liberty and the secretiveness of the correspondence and every other form
of communication are inviolable.
Their limitation can happen only for motivated action of the judicial authority
with the guarantees established by law.
Every citizen can freely circulate and sojourn in any part of the national
territory, saved the limitations that the law establishes in general way for motives
of health or safety. No restriction can be determined for political reasons.
Every citizen is free to go out of the territory of the Republic and to reenter
it, saved the obligations of law.
The citizens have the right to reunite pacifically and without weapons.
For the reunions, also in place open to the public, is not demanded any notice.
Of the reunions in public place it must be given notice to the authorities, that
can forbid them only for confirmed motives of safety or of public security.
The citizens have the right to associate freely, without authorization, for
purposes that are not forbidden to the single from the penal law.
The associations that pursue, also indirectly, political purposes through organizations
of military character are prohibited.
Everybody has the right to profess his own religious faith freely in any form,
individual or associated, to do publicity of it and to practice in private or
in public its cult, provided that is not dealt with rites contrary to the good
The ecclesiastical character and the goal of religion or cult of an association
or institution cannot be cause of special legislative limitations, either of special
fiscal burdens for its constitution, juridical ability and every form of activity.
Everybody has the right to manifest his own thought freely with the word, the
writing and every other mean of diffusion.
The press cannot be subject to authorizations or censorship.
. It can be proceeded to sequestration only for motivated action of the judicial
authority in the case of crimes, for which the law on the press expressly authorizes
it, or in the case of violation of the norms that the same law prescribes for
the indication of the responsible.
In such cases, when there is absolute urgency and the timely intervention of the
judicial authority is not possible, the sequestration of the periodic press can
be performed from official of judicial police who must immediately, and not ever
over twenty-four hours, do declaration to the judicial authority. If this one
doesn't confirm it in the following twenty-four hours, the sequestration is intended
revoked and deprived of every effect.
The law can establish, with norms of general character, that are made public the
means of financing of the periodic press.
The press publications, the shows and all other demonstrations contrary to the
good custom are forbidden.
The law establishes suitable provisions to prevent and to repress the violations.
Nobody can be private, for political motives, of the juridical ability, of
the citizenship, of the name.
No personal or property performance can be imposed if not in base to the law.
Everybody can act in judgment for the guardianship of his own laws and legitimate
The defense is inviolable right in every state and degree of the procedure.
They are ensured to the have-nots, with special institutes, the means to act and
to defend themselves in front of every jurisdiction.
The law determines the conditions and the ways for the reparation of the judicial
Nobody can be dissuaded from the natural judge preconstituted by law.
Nobody can be punished if not in force of a law that has gone into effect before
the committed fact.
Nobody can be submitted to security measures if not in the cases foreseen by law.
The extradition of the citizen can be allowed when it has been expressly foreseen
from the international conventions only.
It is not able in any case to be admitted for political crimes.
Penal responsibility is personal.
The accused is not considered guilty until the definitive sentence.
The punishments cannot consist in treatments contrary to the sense of humanity
and they have to aim at the reeducation of the convict.
You/he/she is not admitted the death penalty, if not in the cases foreseen from
the military laws of war.
The officials and the dependents of the State and the public corporations are
directly responsible according to penal, civil and administrative laws, of the
actions committed in violation of laws. In such cases civil responsibility is
extended to the State and the public corporations.
Title 2 ethical-social relationships
The Republic recognizes the rights of the family as natural society founded
upon the marriage.
The marriage is ordered on the moral and juridical equality of the consorts, with
the limits established by the to guarantee the family unity.
It is duty and right of parents to maintain, to instruct and to educate their
children, even if born out of the marriage.
In the cases of incapability of the parents, the law provides to absolve their
The law ensures to the children born out of the marriage every juridical and social
guardianship, compatible with the laws of the members of the legitimate family.
The law dictates the norms and the limits for the search of the paternity.
The Republic facilitates with economic measures and other providences the formation
of the family and the fulfillment of the relative assignments, with particular
respect to the families that are numerous.
It protects the maternity, the infancy and the youth favoring the necessary institutes
to such purpose.
The Republic protects health as fundamental right of the individual and interest
of the collectivity, and it guarantees free cares to the needy people.
Nobody can be forced to a determined sanitary treatment if not for disposition
of law. The law is not able in any case to violate the limits imposed by the respect
of the human person.
The art and the science are free and it is free their teaching.
The Republic dictates the general norms on the education and it founds government
schools for all orders and degrees.
Corporate body and private citizens have the right to found schools and institutes
of education, without burdens for the State.
The law, fixing the laws and the obligations of the non government schools that
ask parity, has to ensure to them full liberty and to their pupils a equipollent
scholastic treatment to that of the pupils of government schools.
It is prescribed a State test for the admission to the varied orders and degrees
of schools or for the conclusion of them and for the qualification to the professional
The institutions of high culture, university and academies, have the right to
give themselves autonomous rules in the limits established from the laws of the
The school is open to everybody.
The inferior education, imparted for at least eight years, it is obligatory and
The skill and deserving pupils, even if deprived of means, have the right to reach
the highest degrees of the studies.
The Republic makes real this right with scholarships, checks to the families and
other providences that must be attributed for contest.
Title 3 economic relationships
The Republic protects the work in all its forms and applications.
It takes care of the formation and the professional elevation of the workers.
It promotes and it favors the international agreements and organizations to affirm
and to regulate the work rights.
It recognizes the liberty of emigration, saved the obligations established by
law in the general interest and it protects the Italian work abroad.
The worker has the right to a proportionate salary to the quantity and quality
of his work and in any case enough to ensure a free and dignified existence to
himself and the family.
The maximum duration of the working day is established by law.
The worker has the right to the weekly rest and remunerated annual vacations,
and he cannot give up it.
The woman worker has the same rights and, to parity of work, the same salaries
that are up to the man worker.
The conditions of work must allow the fulfillment of her main family function
and to ensure a special suitable protection to the mother and her child.
The law establishes the minimum limit of age for the salaried work.
The Republic protects the work of the minors with special norms and guarantees
to them, to parity of job, the right to the parity of salary.
Every citizen unable to work and unprovided of the necessary means to live
has the right to the maintenance and the welfare.
The workers have the right that they are foreseen and ensured means suitable to
their demands of life in case of accident, illness, invalidity and old age and
The unable and disabled persons have the right to the education and the professional
Organs and institutes predisposed or integrated by the State provide to the assignments
anticipated in this article.
The private assistance is free.
The syndical organization is free.
To the labor unions cannot be imposed other obligation if not their registration
in local or central offices, according to the norms of law.
It is condition for the registration that the statutes of the labor unions enact
an inside system with democratic base.
The registered labor unions have juridical personality. They are able, represented
in proportion of their affiliate, to stipulate collective contracts of job with
obligatory effectiveness for all the members of the categories to which the contract
The right of strike is practiced according to the laws that regulate it.
The private economic initiative is free.
It cannot be done in contrast to the social utility or in way to bring damage
to the safety, to the liberty, to the human dignity.
The law determines the programs and the opportune controls because public and
private economic activity can be addressed and coordinate to social purposes.
The ownership is public or private. Economic good belong to the State, to corporate
body or to private citizens.
The private ownership is recognized and guaranteed by law that determines the
ways of acquisition of it, of enjoyment and the limits to the purpose to ensure
its social function and to make it accessible to everybody.
The private ownership can be, in the cases foreseen by law, and except indemnification,
dispossessed for motives of general interest.
The law establishes the norms and the limits of the legitimate and testamentary
succession and the laws of the State on the inheritances.
To purposes of general utility the law can originally reserve or transfer,
through expropriation and except indemnification, to the State, to public corporate
body or to community of workers or consumers determined enterprises or categories
of enterprises that are referred to essential public services or to sources of
energy or to situations of monopoly and have character of prominent general interest.
With the purpose to achieve the rational exploitation of the ground and to
establish equitable social relationships, the law imposes obligations and bonds
to the private land ownership, fixed limits to its extension according to the
regions and the agrarian zones, it promotes and it imposes the land reclamation,
the transformation of the large landed estate and the reconstitution of the productive
units; it helps the small and the average ownership.
The law does provisions in favor of the mountain zones.
The Republic recognizes the social function of the cooperation with character
of mutuality and without purposes of private speculation. The law promotes it
and favors the increase with the fittest means and it ensures with the opportune
controls, the character and the finalities of it.
The law handles the guardianship and the development of the craftsmanship.
To purposes of the economic and social elevation of the work and in harmony
with the demands of the production, the Republic recognizes the law of the workers
to collaborate, in the ways and in the limits established by the laws, to the
management of the firms.
The Republic encourages and protects the saving in all its forms; it disciplines,
coordinates and checks the exercise of the credit.
It favors the access of the popular saving to the ownership of the residence,
to the direct cultivation ownership and to the direct and indirect stock investment
in the large productive complexes of the Country.
Title 4 political relationships
All citizens are electors, men and women, that are of age.
The vote is personal and equal, free and secret. Its exercise is a civic duty.
The law establishes requisite and formality for the exercise of the right of vote
of the abroad resident citizens and ensures the effectiveness of it. To such purpose
a Foreign area is founded for the election of the Chambers, to which seats are
assigned in the number established from constitutional norms and according to
criterions determined by law.
The right of vote cannot be limited if not for civil incapability or because of
irreversible penal sentence or in the cases of moral unworthiness pointed out
(*) So modified by article 1 of the law constitutional 17 January 2000, n.
All the citizens have the right freely to associate in parties to compete with
democratic method to determine the national politics.
All the citizens can turn petitions to the Chambers to ask legislative provisions
or to expose common necessities.
All citizens of one or other sex can access the public offices and the elective
positions under conditions of equality, according to the requisite established
The law can, for the admission to the public offices and to the elective positions,
equalize to the citizens Italians not of the Republic.
Who is called to elective public functions has the right to have the necessary
time to their fulfillment and to preserve his place of employment.
The defense of the Country is sacred duty of the citizen.
The military service is obligatory in the limits and ways established by law.
His fulfillment doesn't damage the position of work of the citizen, neither the
exercise of the political rights.
The system of the Armed Forces is informed to the democratic spirit of the Republic.
Everybody has to compete to the public expenses in reason for their contributive
The tributary system is informed to progressive criterions.
All citizens have duty to be faithful to the Republic and to observe its Constitution
The citizens who are entrusted public functions have duty to carry out them with
discipline and honor, taking oath in the cases established by law.
Second Part System of the Republic
Title 1 The Parliament
Section I the Chambers
The Parliament is composed from the Chamber of the Deputies and the Senate
of the Republic.
The Parliament is summoned in common session of the members of the two Chambers
in the only cases established by the Constitution.
The Chamber of the Deputies is chosen to universal and direct suffrage.
The number of the deputies is of 630.
All electors that have completed the twenty-five years of age in the day of the
elections are eligible as deputies.
The division of the seats among the areas is effected dividing the number of the
inhabitants of the Republic, how it results from the last general census of the
population, for 630 and distributing the seats in proportion to the population
of every area, on the base of the whole quotients and the highest rests.
(*) So modified by art. 1 of the law constitutional 9 February 1963, n. 2.
The Senate of the Republic is chosen at regional base.
The number of the elective senators is of 315.
No Region can have a number of senators inferior to seven; Molise has two of them,
the Valley of Aosta one.
The division of the seats among the Regions, according to the application of the
dispositions of the precedent paragraph, is effected in proportion to the population
of the Regions how it results from the last general census on the base of the
whole quotients and the tallest rests.
(*) So modified by the art. 2 of the law constitutional 27 December 1963, n. 3.
The senators are chosen with universal and directed suffrage by the electors
that have reached the twenty fifth year of age.
They are eligible as senators, the electors that have completed the fortieth year.
It is senator by law and for life, except renunciation, who has been President
of the Republic.
The President of the Republic can name senators for life five citizens that have
illustrated the Country for high worth in the social, scientific, artistic and
The Chamber of the Deputies and the Senate of the Republic are chosen for five
The duration of every Chamber cannot be postponed if not by law and only in case
(*) So modified from art.3 of constitutional law N. 2 9 February 1963.
The elections of the new Chambers take place within seventy days from the end
of the preceding. The first reunion cannot take place beyond the twentieth day
from the elections.
Until the new Chambers are not gathered, the powers of the preceding are postponed.
The Chambers are gathered the first non festive day of February and October
Each Chamber can be summoned in the extraordinary way for initiative of its President
or the President of the Republic or a third of its components.
When it is gathered in the extraordinary way a Chamber, the other is also summoned
Every Chamber elects among its components the President and the office of presidency.
When the Parliament is gathered in common session, the President and the office
of presidency are those of the Chamber of the Deputies.
Each Chamber adopts its own rule to absolute majority of its components.
The sessions are public; nevertheless each of the two Chambers and the Parliament
with reunited Chambers can deliberate to assemble in secret session.
The deliberations of each Chamber and the Parliament are not valid if it is not
present the majority of their components, and if they are not adopted with majority
of the presents, except that the Constitution prescribes a special majority.
The members of the Government, even if they don't belong to the Chambers, have
the right, and if required obligation, to assist to the sessions. They must be
heard every time that they require it.
The law determines the cases of ineligibility and incompatibility with the
office of deputy or senator.
Nobody can belong to the two Chambers contemporarily.
Every Chamber judges the titles of admission of its components and the turned
up causes of ineligibility and of incompatibility.
Each member of the Parliament represents the Nation and manages his functions
without bond of mandate.
The members of the Parliament cannot be called to answer of the expressed opinions
and of the votes given in the exercise of their functions.
Without authorization of the Chamber to which belongs, no member of the Parliament
can be submitted to personal or domiciliary search, neither he can be arrested
nor otherwise deprived of the personal liberty, nor maintained in detention, except
that in execution of an irreversible sentence of condemnation, or if he is found
committing a crime for which is foreseen the obligatory arrest in flagrancy.
Analogous authorization is necessary to submit the members of the Parliament to
interceptions, in any form, of conversations or communications and to sequestration
(*) So modified by the article 1 of the law constitutional 29 October 1993, n.
The members of the Parliament receive an indemnity established by law.
Section 2 The formation of the laws
The legislative function is exercised from the two Chambers.
The initiative of the laws belongs to the Government, to each member of the
Chambers and the organs and corporate body to which is conferred by constitutional
The people exercise the initiative of the laws, through the proposal, from at
least 500000 electors, of a project compiled in articles.
Each bill of law, introduced to a Chamber, is, according to the norms of its
rule, examined by a committee and then from the same Chamber, that approves article
by article and with final vote.
The rule establishes shortened procedures for the bill of law of which it has
been declared the urgency.
It can also establish in which cases and forms the examination and the approval
of the bills of law is referred to committee also permanent, composed in way to
mirror the proportion of the parliamentary groups. Also in such cases, up to the
moment of its definitive approval, the bill of law is put again to the Chamber,
if the Government or a tenth of the components of the Chamber or a fifth of the
committee requires that was discussed and voted by the same Chamber or that was
submitted to its final approval with declarations of vote only. The rule determines
the forms of publicity of the works of the committee.
The normal procedure of examination and direct approval from the Chamber is always
adopted for the bills of law in constitutional and electoral subject and for those
of legislative delegation, of authorization to ratify international agreements,
of approval of budgets and surveys.
The laws are promulgated by the President of the Republic within one month
from the approval.
If the Chambers, each one to absolute majority of its own components, declares
the urgency of it, the law is promulgated in the term from it established.
The laws are immediately published after the promulgation and they go into effect
the fifteenth following day to their publication, except that the laws themselves
establish a different term.
The President of the Republic, before promulgating the law, can ask a new deliberation
with motivated message to the Chambers.
If the Chambers approve the law again, this one must be promulgated.
It is announced a popular referendum to deliberate abrogation, total or partial,
of a law or of an act having value of law, when 500000 electors or five regional
Councils require it.
The referendum is not admitted for the tributary laws and of budget, of amnesty
and of pardon, of authorization to ratify international agreements.
They have the right to participate in the referendum all the citizens called to
elect the Chamber of the Deputies.
The subject proposed in referendum is approved if in the vote the majority of
the having right has participated and if the majority of the validly expressed
votes is reached.
The law determines the formalities of realization of the referendum.
The exercise of the legislative function cannot be delegated to the Government
if not with determination of principles and directive criterions and only for
limited time and for defined objects.
The Government cannot, without delegation of the Chambers, emanate decrees
that have value of ordinary law.
When, in extraordinary cases of necessity and urgency, the Government adopts,
under its responsibility, provisional provisions with force of law, it must the
same day present them for the conversion to the Chambers that, even if dissolved,
are summoned for this purpose and they are gathered within five days.
The decrees lose effectiveness since the beginning, if they are not converted
in law within sixty days from their publication.
The Chambers can nevertheless regulate with law the juridical relationships arisen
on the base of the not converted decrees.
The Chambers deliberate the state of war and they confer to the Government
The amnesty and the pardon are granted with law deliberated with two third
majority of the components of each Chamber, in each article of its and in the
The law that grants the amnesty or the pardon establishes the term for their application.
In every case the amnesty and the pardon cannot apply to the crimes committed
subsequently to the presentation of the bill of law.
The Chambers authorize with law the ratification of the international agreements
that are of political nature, or foresee arbitration's or judicial rules, or import
variations of the territory or burdens to the finances or modifications of laws.
The Chambers approve every year the budgets and the account survey introduced
by the Government.
The provisional exercise of the budget cannot be granted if not by law and for
altogether periods not superior to four months.
New tributes and new expenses cannot be established with the law of approval of
Each other law that cares new or larger expenses has to point out the means to
Each Chamber can prepare investigations on subjects of public interest.
To such purpose it appoints among its own components a committee composed in way
to mirror the proportion of the varied groups. The committee of investigation
proceeds to the investigations and the examinations with the same powers and the
same limitations of the judicial authority.
Title 3 The President of the Republic
The President of the Republic is elected by the Parliament in common session
of its members.
To the election they participate three delegates for every Region elected by the
regional Council in way that is ensured the representation of the minorities.
The Valley of Aosta has an only delegated.
The election of the President of the Republic takes the place based on secret
poll with two third majority of the Assembly.
After the third poll it is enough the absolute majority.
He can be chosen as President of the Republic every citizen that has completed
fifty years of age and enjoys the civil and political rights.
The office of President of the Republic is incompatible with any other position.
The check and the endowment of the President are determined by law.
The President of the Republic is chosen for seven years.
Thirty days before the term expires, the President of the Chamber of the Deputies
summons in common session the Parliament and the regional delegates, to elect
the new President of the Republic.
If the Chambers are dissolved, or they miss less than three months to their cessation,
the election takes place within fifteen days from the reunion of the new Chambers.
In the meantime the powers of the incumbent President are postponed.
The functions of the President of the Republic, in every case that he cannot
carry out them, are exercised by the President of the Senate.
In case of permanent impediment or death or of resignations of the President of
the Republic, the President of the Chamber of the Deputies announces the election
of the new President of the Republic within fifteen days, saved the longer term
foreseen if the Chambers are dissolved or they miss less than three months to
The President of the Republic is the head of the State and represents the national
He can send messages to the Chambers.
He announced the elections of the new Chambers and he fixes the first reunion
He authorizes the presentation to the Chambers of the bills of law of initiative
of the Government.
He promulgates the laws and he emanates the decrees having value of law and the
He announced the popular referendum in the cases foreseen by the Constitution.
He appoints, in the cases pointed out by the law, the officials of the State.
He accredits and it receives the diplomatic representatives, he ratifies the international
agreements, with, when needed, the authorization of the Chambers.
He has the command of the armed forces, he presides the supreme Council of defense
constituted according to the law, he declares the state of war deliberated by
He presides the superior Council of the magistracy.
He can grant grace and commute the punishments.
He confers the honors of the Republic.
The President of the Republic can, heard their Presidents, dissolve the Chambers
or also only one of them.
He cannot exercise such faculty in the last six months of his office, except that
they coincide in everything or partly with the last six months of the legislature.
(*) So modified by the article 1 of the law constitutional 4 November 1991, n.1
No action of the President of the Republic is valid if it is not countersigned
by the proponent ministers, that assume responsibility of it.
The actions that have legislative value and the others pointed out by law are
also countersigned by the President of the Council of the Ministers.
The President of the Republic is not responsible of the actions committed in
the exercise of his functions, except that for high betrayal or for attack to
In such cases he is put in state of accusation from the Parliament in common session,
with absolute majority of its members.
The President of the Republic, before assuming his functions, takes oath of
fidelity to the Republic and of observance of the Constitution in front of the
Parliament in common session.
Title 3 The Government
Section 1 The Council of the Ministers
The Government of the Republic is composed of the President of the Council
and from the ministers that constitute the Council of the Ministers together.
The President of the Republic appoints the President of the Council of the Ministers
and, on proposal of this one, the ministers.
The President of the Council of the Ministers and the ministers, before assuming
the functions, take oath in the hands of the President of the Republic.
The Government has to have the confidence of the two Chambers.
Each Chamber grants or revokes confidence through motivated and voted for nominal
Within ten days from its formation, the Government presents itself to the Chambers
to get its confidence.
The contrary vote of one or both Chambers on a proposal of the Government doesn't
import obligation of resignations.
The motion of no-confidence must be signed from at least a tenth of the components
of the Chamber and it cannot be put in discussion before three days from its presentation.
The President of the Council of the Ministers directs the general politics
of the Government and is responsible of it. He maintains the unity of political
and administrative address, promoting and coordinating the activity of the ministers.
The ministers are collegially responsible of the actions of the Council of the
Ministers, and individually of the actions of their ministries.
The law handles the arrangement of the Presidency of the Council and determines
the number, the attributions and the organization of the offices.
The President of the Council of the ministers and the Ministers, even if resigned
from the office, are submitted, for the crimes committed in the exercise of their
functions, to the ordinary jurisdiction, with authorization of the Senate of the
Republic or the Chamber of the Deputies, according to the norms established with
(*) So modified by the art. 1 of the constitutional law 16 January 1989, n. 1.
Section 2 The Public Administration
The public offices are organized according to dispositions of law in way that
the good course and the impartiality of the administration were ensured.
In the arrangement of the offices are determined the spheres of competence, the
attributions and the responsibilities proper of the officials.
The employment in the public administrations is entered through contest, saved
the cases established by law.
The public employees are to the exclusive service of the Nation.
If they belong to the Parliament, They cannot achieve promotions if not for seniority.
They can be established by law limitations to the right to enroll in the political
parties for the magistrates, the soldiers of career in active service, the officials
and police officers, the diplomatic and consular representative abroad.
Section 3 The auxiliary organs
The national Council of the economy and the work is composed, in the ways established
by law, of experts and of representatives of the productive categories, in measure
that keeps track of their numerical and qualitative importance.
It is organ of consultation of the Chambers and the Government for the subjects
and according the functions that are attributed to it from the law.
It has the legislative initiative and can contribute to the elaboration of the
economic and social legislation according to the principles and within the limits
established by law.
The Council of State is organ of juridical-administrative consultation and
guardianship of the justice in the administration.
The Court of the Counts exercises the preventive control of legitimacy on the
actions of the Government, and also the following one on the management of the
budget of the State. It participates, in the cases and in the forms established
by law, to the control on the financial management of the corporate body to which
the State contributes in the ordinary way. It directly reports to the Chambers
on the result of the performed comparison.
The law ensures the independence of the two Institutes and their components in
front of the Government.
Title 4 The Magistracy
Section 1 Jurisdictional System
Justice is administered in name of the people.
The judges are subject only to the law.
The jurisdictional function is exercised from ordinary magistrates instituted
and regulated by the norms on the judicial system.
Extraordinary judges or special judges cannot be instituted. They can be instituted
only near the judicial organs ordinary specialized sections for determinated subjects,
also with the participation of able citizens extraneous to the magistracy.
The law regulates the cases and the forms of the direct participation of the people
to the administration of the justice.
The Council of State and the other organs of administrative justice have jurisdiction
for the guardianship towards the public administration of the legitimate affairs
and, in particular subjects pointed out by law, also of the subjective rights.
The Court of the Counts has jurisdiction in the subjects of public accounting
and in the other ones specified by law.
The military courts in time of war have the jurisdiction established by law. In
time of peace they have jurisdiction only for the military crimes committed by
member of the armed forces.
The magistracy constitutes an autonomous and independent order from every other
The superior Council of the magistracy is presided by the President of the Republic.
The first president and the Attorney General of the Court of cassation make part
of it by law.
The other components are chosen for two third from all ordinary magistrates of
the varied categories, and for a third from the Parliament in common session among
ordinary university professors in juridical subjects and lawyers after fifteen
years of exercise.
The Council elects a vice-president between the components designated by the Parliament.
The elective members of the Council last in their office for four years and they
are not immediately eligible again.
They are not able, during their office, to be enrolled in the professional Lists,
either to belong to the Parliament or a regional Council.
The assumptions, the assignments and the transfers, the promotions and the
disciplinary provisions in the respects of the magistrates are up to the superior
Suggestion of the magistracy, according to the norms of the judicial arrangement.
The nominations of the magistrates take place through test.
The law on the judicial system can admit the nomination, also elective, of honorary
magistrates for all the functions attributed to single judges.
On designation of the superior Council of the magistracy can be called to the
office of advisers of cassation, for famous worth, ordinary university professors
in juridical subjects and lawyers that have fifteen years of exercise and are
enrolled in the special List for the superior jurisdictions.
The magistrates are immovable. They cannot be distributed or suspended by the
service either destined to other centers or functions if not following a decision
of the superior Council of the magistracy, adopted or for the motives and with
the guarantees of defense established from the judicial system or with their consent.
The Minister of the justice has faculty to promote the disciplinary action.
The magistrates among them are distinguished only for difference of functions.
The District Attorney enjoys the established guarantees in his respects from the
norms on the judicial system.
The norms on the judicial system and on every magistracy are established by
The law ensures the independence of the judges of the special jurisdictions, of
the District Attorney near them, and of the extraneous persons that participate
to the administration of the justice.
The judicial authority has directly the judicial police.
Firm the competencies of the superior Suggestion of the magistracy, the organization
and the operation of the services related to the justice are up to the Minister
of the justice.
The jurisdiction is effected through the due process of law regulated by law.
Every trial is developed in the debate between the parts, under conditions of
parity, in front of judge, third and impartial. The law ensures the reasonable
duration of it.
In the penal trial, the law assures that the person accused of a crime is, in
the briefest possible time, reservedly informed of the nature and of the motives
for the elevated accusation in his name; prepares of the time and of the necessary
conditions to prepare his/her defense; the charged person has the faculty, in
front of the judge, to question or to let question the persons that make declarations
in his name, to get the convocation and the questioning of persons to his defense
in the same conditions of the accusation and the acquisition of every other mean
of evidence to his favor; he is assisted by an interpreter if he doesn't understand
or he doesn't speak the language employed in the trial.
The penal trial is regulated by the principle of the debate in the formation of
the evidence. The guilt of the accused person cannot be proved on the base of
declarations made from who, for free choice, is voluntarily subtracted to the
questioning by the accused person or of his defender.
The law regulates the cases in which the formation of the evidence doesn't take
place in debate for consent of the accused or for verified impossibility of objective
nature or because of tried illegitimate behavior.
All the jurisdictional provisions must be motivated.
Against the sentences and against the provisions about the personal liberty, pronounced
by the ordinary or special jurisdictional organs, it is always admitted recourse
in Cassation for violation of law. It can be derogated to such norm only for the
sentences of the military courts in time of war.
Against the decisions of the Council of State and the Court of the Counts the
recourse in Cassation is admitted for the motives related to the jurisdiction
(*) So modified by the article 1 of the law constitutional 23 November 1999, n.
The District Attorney has the obligation to practice the penal action.
Against the actions of the public administration it is always admitted the
jurisdictional guardianship of the laws and the legitimate affairs in front of
the organs of ordinary or administrative jurisdiction.
Such jurisdictional guardianship cannot be excluded or limited to particular means
of impugnment or for determinated categories of actions.
The law determines which organs of jurisdiction can annul the actions of the public
administration in the cases and with the effects foreseen by law itself.
Title 5 The Regions, the Provinces, the Communes
The Republic is divided in Regions, Provinces and Communes.
The Regions are constituted in autonomous corporate body with their own powers
and functions according to the principles fixed in the Constitution.
To Sicily, Sardinia, Trentino-Alto Adige, Friuli-Venice Giulia and the Valley
of Aosta are attributed forms and particular conditions of autonomy according
to special statutes adopted with constitutional laws.
The Region emanates for the following subjects legislative norms in the limits
of the fundamental principles established from the laws of the State, when the
norms themselves are not in contrasttoh the national interest and with that of
The laws of the Republic can submit power to the Region to emanate norms for
They are up to the Region the administrative functions for the subjects listed
in the precedent Article, except those of local interest exclusively, that can
be attributed by the laws of the Republic to the Provinces, to the Communes or
to other local corporate bodies.
The State can with law delegate the exercise of other administrative functions
to the Region.
The Region normally managed its administrative functions delegating them to the
Provinces, to the Communes or to other local corporate bodies, or using their
The Regions have financial autonomy in the forms and in the limits established
by laws of the Republic that coordinate them with the finance of the State, of
the Provinces and of the Communes.
To the Regions are attributed proper tributes and quotas of fiscal tributes, in
relationship to the needs of the Regions for the necessary expenses to carry out
their normal functions.
To handle determined purposes, and particularly to valorize the South and the
Islands, the State assigns by law to single Regions special contributions.
The Region has its own State property and patrimony, according to the formalities
established by law of the Republic.
The Region cannot found customs of import or export or transit among the Regions.
It cannot adopt provisions that hinder in any way the free circulation of persons
and things among the Regions.
It cannot limit the right of the citizens to exercise in whatever part of the
national territory their profession, employment or job.
They are organs of the Region: the regional Council, the Junta and its President.
The regional Council manages the legislative powers attributed to the Region and
the other functions conferred it from the Constitution and from the laws. It can
make proposals of law to the Chambers.
The regional Junta is the executive organ of the Regions.
The President of the Junta represents the Region; he directs the politics of the
Junta and he is responsible of it; he promulgates laws and he emanates the regional
rules; he directs the administrative functions delegated by the State to the Region,
conforming himself to the instructions of the Government of the Republic.
(*) So modified by the article 1 of the constitutional law 22 November 1999,
The system of election and the cases of ineligibility and incompatibility of
the President and the other components of the regional Junta as well as the regional
advisers are disciplined with law of the Region in the limits of the fundamental
principles established with law of the Republic that also establishes the duration
of the elective organs.
Nobody can belong contemporarily to a Council or to a regional Junta and to one
of the Chambers of the Parliament, to another Council or to other regional Junta
or to the European Parliament.
The Council elects among its components a President and an office of presidency.
The regional advisers cannot be called to answer of the expressed opinions and
of the votes given in the exercise of their functions.
The President of the regional Junta, except that the regional statute said otherwise,
is chosen to universal and direct suffrage. The chosen President appoints and
revokes the components of the Junta.
(*) So modified by the article 2 of the constitutional law 22 November 1999, n.1
Each Region has a statute that, in harmony with the Constitution, determines
the form of government and the fundamental principles of organization and operation.
The statute regulates the exercise of the law of initiative and the referendum
on laws and administrative provisions of the Region and the publication of the
regional laws and rules.
The statute is approved and modified by the regional Council with a decision approved
with the absolute majority of its members, with two following deliberations adopted
with an interval of at least two months. For such law is not required the apposition
of the visa from the Commissioner of the Government. The Government of the Republic
can promote the question of constitutional legitimacy on the regional statutes
in front of the constitutional Court within thirty days from their publication.
The statute is submitted to popular referendum if within three months from its
publication a fiftieth of the electors of the Region or a fifth of the components
the regional Council demand it. The statute submitted to referendum is not promulgated
if it is not approved by the majority of the valid votes.
(*) So modified by the article 3 of the constitutional law 22 November 1999, n.1
A commissioner of the Government, resident in the chief town of the Region,
superintends the administrative functions practiced by the State and he coordinates
them with those practiced by the Region.
The control of legitimacy on the administrative actions of the Region is practiced,
in decentralized form, from an organ of the State, in the ways and in the limits
established by laws of the Republic. The law can, in determined cases, admit the
control of worth, to the only effect to promote, with motivated application, the
reexamination of the deliberation from the regional Council.
In the Region they are founded organs of administrative justice of first degree
according to the arrangement established by law of the Republic. It can be found
sections with center different from the chief town of the Region.
With motivated decree of the President of the Republic the dissolving of the
regional Council and the removal of the President of the Junta that has completed
actions contrary to the Constitution or serious violations of law are ordered.
The dissolving and the removal can be also ordered for national security reasons.
The decree is adopted heard a Committee of deputies and senators constituted,
for the regional matters, in the ways established by law of the Republic.
The regional Council can express no-confidence towards the President of the Junta
through motivated motion, undersigned from at least a fifth of its components
and approved for nominal appeal with components' absolute majority. The motion
cannot be discussed before three days from the presentation.
The approval of the motion of no-confidence towards the President of the Junta
elected to universal and direct suffrage, as well as the removal, the permanent
impediment, the death or his voluntary resignations, involve the resignations
of the Junta and the dissolving of the Council. In every case the same effects
are achieved with the contextual resignations of the majority of the components
(*) So modified by the article 4 of the constitutional law 22 November 1999, n.1
Each law approved by the regional Council is communicated to the Commissioner
that, saved the case of opposition from the Government, has to approve it in the
term of thirty days from the communication.
The law is promulgated in ten days from the apposition of the visa and it not
goes into effect before fifteen days from its publication. If a law is declared
urgent from the regional Council, and the Government of the Republic allows it,
the promulgation and going into effect are not subordinated to the terms above.
The Government of the Republic, when thinks that by the regional Council exceeds
the competence of the Region or was in contrast to the national affairs or with
those of other Regions, it returned to the regional Council in the term fixed
for the apposition of the visa.
Where the regional Council approves again it with absolute majority of its components,
the Government of the Republic can, in the fifteen days from the communication,
promote the question of legitimacy in front of the constitutional Court or that
of worth for contrast of affairs in front of the Chambers. In case of doubt, the
Court decides whose competence is.
The Provinces and the Communes are autonomous corporate bodies in the circle
of the principles fixed by general laws of the Republic that determine the functions
The Provinces and the Communes are also areas of government and regional decentralization.
The provincial areas can be divided in the districts exclusively with administrative
functions for an ulterior decentralization.
An organ of the Region, constituted in the ways established by law of the Republic,
manages, also in decentralized form, the control of legitimacy on the actions
of the Provinces, of the Communes and of the other local corporate bodies.
In cases determined by the law it can have exercised the control of worth in the
form of motivated request to the deliberative corporate bodies to reexamine their
Thee following Regions are constituted:
Piemonte; Valley of Aosta; Lombardia;Trentino-Alto Adige;Veneto;Friuli-Venice
Giulia;Liguria;Emilia Romagna;Toscana;Umbria; Marche;Lazio; Abruzzi;Molise;Campania;Puglia;Basilicata;Calabria;Sicilia;Sardegna.
* So modified by the art. 1 of the constitutional law 27 December 1963, n.
3, that has prepared the constitution of Molise as region.
It can with law constitution, heard the regional Councils, prepare the fusion
of existing Regions or the creation of new Regions with a minimum of a million
inhabitants, when as many Councils that represent at least a third of the interested
populations demand it and the proposal is approved with referendum from the majority
of the populations.
It can, with referendum and with law of the Republic, heard the regional Councils,
allow that Provinces and Communes that demand it, being detached from a Region
and aggregated to another.
The change of the provincial areas and the institution of new Provinces within
a Region are established with laws of the Republic, on initiatives of the Communes,
heard the same Region.
The Region, heard the interested populations, can with its laws found in its own
territory new Communes and modify their areas and denominations.
Title 6 constitutional warranties
Section 1 The Constitutional Court
Article 134 The constitutional Court judges:
On the controversies related to the constitutional legitimacy of the laws and
the actions, having forces of law, of the State and of the Regions; about conflicts
of attribution between the powers of the State and on those between the State
and the Regions, and between the Regions; about accusations promoted against the
President of the Republic according to norms of the Constitution.
* So modified by the art. 2 of the constitutional law 16 January 1989, n. 1.
The constitutional Court is composed of fifteen judges named for a third from
the President of the Republic, for a third from the Parliament in common session
and for a third from the supreme ordinary and administrative magistracies.
The judges of the constitutional Court are also selected among the retired magistrates
of the ordinary and administrative superior jurisdictions, the ordinary university
professors in juridical subjects and the lawyers after twenty years of exercise.
The judges of the constitutional Court are named for nine years, starting for
each one of them from the day of the oath, and They cannot be named again.
To the expiration of the term, the constitutional judge stops from the position
and from the exercise of the functions.
The Court elects among its components, according to the norms established by the
law, the President, that is for 3 years incumbent and it is eligible again, firm
in every case the terms of expiration from the office of judge.
The office of judge of the Court is incompatible with that of member of the Parliament,
of a regional Council, with the exercise of the profession of lawyer and with
every position and office pointed out by the law.
In the judgments of accusation against the President of the Republic They intervene,
over the ordinary judges of the Court, sixteen members drawn lots by a list of
city having the requisites for the eligibility to senator that the Parliament
compiles every nine years through election with the same established formalities
for the nomination of the ordinary judges.
* So modified by the art. 1 of the constitutional law 22 November 1967, n. 2,
as well as from the art. 2 of the constitutional law 16 January 1989, n. 1.
When the Court declares the constitutional illegitimacy of a norm of law or
act having force of law, the norm stops having effectiveness from the following
day to the publication of the decision.
The decision of the Court is published and communicated to the interested Chambers
and the regional Councils, so that, where they think it necessary, they provide
in the constitutional forms.
A constitutional law establishes the conditions, the forms, the terms of proposability
of the judgments of constitutional legitimacy and the guarantees of independence
of the judges of the Court.
With ordinary law they can be established the other necessary norms for the constitution
and the operation of the Court.
Against the decisions of the constitutional Court is not admitted any impugnment.
Section 2 revision of the Constitution.
The laws of revision of the Constitution and the other constitutional laws
are adopted by each Chamber with two following deliberations with interval at
least of three months, and they are approved with absolute majority of the components
of each Chamber in the second vote.
The laws themselves are submitted to popular referendum when, within three months
from their publication, a fifth of the members of a Chamber or 500000 electors
or five regional Councils demand it. The law submitted to referendum is not promulgated
if it is not approved by the majority of the valid votes.
The referendum is not made if the law is approved in the second vote of each of
the Chambers with majority of two third of its components.
The republican form cannot be object of constitutional revision.
Transitory and final dispositions
With the going into effect of the Constitution, the provisional Chief of the
State exercises the attributions of President of the Republic and it assumes this
If at the date of the election of the President of the Republic all the regional
Councils are not constituted, only the components of the two Chambers participate
in the election.
For the first composition of the Senate of the Republic they are named senators,
with decree of the President of the Republic, the deputies of the Constituent
Assembly that owns the requisite of law to be senators and that:
They have been presidents of the Council of the ministers or legislative Assemblies;
they have participated to the dissolved Senate; they have had at least three elections
including that to the Constitutional Assembly;they have been declared dismissed
in the session of the Chamber of the deputies on November 9 th 1926; they have
served in prison a punishment not inferior to five years because of a sentence
of the fascist special court for the defense of the State.
They are also named senators, with decree of the President of the Republic,
the members of the dissolved Senate that have made part of the National Consult.
To the right to be named senators it can be abdicated before the signature of
the decree of nomination. The acceptance of the candidacy to the political elections
implicates renouncement to the right of nomination to senator.
For the first election of the Senate Molise is considered as Region, with the
number of the senators that competes in base to its population.
The disposition of the article 80 of the Constitution, for how much it concerns
the international agreements that import burdens to the finances or modifications
of law, it has effect from the date of convocation of the Chambers.
Within five years from the going into effect of the Constitution, it is proceeded
to the revision of the special organs of jurisdiction currently existing, saved
the jurisdictions of the Council of State, of the Court of the Counts and the
Within one year from the same date it is handled with law the rearrangement of
the military supreme Court in relationship to the article 111.
Until it has not been emanated the new law on the judicial system in conformity
with the Constitution, they continue to be observed the norms of the system in
Until it will not be entered in operation the constitutional Court, the decision
of the controversies of the article 134 takes place in the forms and in the limits
of the norms preexisting the going into effect of the Constitution.
* So modified by the article 7 of the constitutional law 22 November 1967, n.
The elections of the regional Councils and the elective organs of the provincial
administrations are announced within one year from the going into effect of the
Laws of the Republic regulate for every branch of the public administration the
passage of the government functions attributed to the Regions. Until it is not
executed the rearrangement and the distribution of the administrative functions
among the local corporate bodies, they stay to the Provinces and the Communes
the functions that currently exercise and the others of which the Regions delegate
the exercise to them.
Laws of the Republic regulate the passage to the Regions of officials and dependents
of the State, also of the central administrations, that has made necessary from
the new arrangement. For the formation of their offices the Regions owe, except
that in cases of necessity, to draw their own personnel from that of the State
and of the local corporate bodies.
The Republic, within three years from the going into effect of the Constitution,
adjusted its laws to the demands of the local autonomies and the legislative competence
attributed to the Regions.
To the Region of Friuli-Venice Giulia, of which to the article 116, the general
norms of the Title 5 of the second part are provisionally applied, firm staying
the guardianship of the linguistic minorities in conformity with the article 6.
Until five years from the going into effect of the Constitution they can, with
constitutional laws, be formed other Regions, to modification of the list of which
to the article 131, also without the conditions required by the first paragraph
of the article 132, firm remaining nevertheless the obligation to hear the interested
* The constitutional law 18 March 1958, n. 1, has postponed the term until December
31 st 1963.
It is forbidden the reorganization, under any form, of the dissolved fascist
Derogating to the article 48, they are established by law, for not over 5 years
from the going into effect of the Constitution, temporary limitations to the right
of vote and the eligibility for the responsible chiefs of the fascist regime.
The members and the descendants of House Savoia are not electors and cannot
cover either public offices either elective positions.
To the former king of House Savoia, to their consorts and their virile descendants
the entry and the stay in the national territory are forbidden.
The good, existing in the national territory, of the former king of House Savoia,
of their consorts and of their virile descendants, are taken upon the State. The
transfers and the constitutions of real rights on the good that are happened after
June 2 nd 1946, are void.
The noble titles are not recognized.
The predicates of those existing before October 28 th 1922 are worth as part of
The order of Maurice is preserved as hospital corporate body and it works in the
ways established by law.
The law regulates the suppression of heraldic Consults.
With the going into effect of the Constitution it is converted in law the decree
legislative of the Deputyship June 25 th 1944, n. 151, on the provisional system
of the State.
Within one year from the going into effect of the Constitution it is proceeded
to the revision and the coordination with it of the preceding constitutional laws
that have not been expressly or implicitly repealed.
The Constituent Assembly will be summoned by its President to deliberate, within
January 31 st 1948, on the law for the election of the Senate of the Republic,
on the special regional statutes and on the law for the press.
Until the day of the elections of the new Chambers, the Constituent Assembly can
be summoned, when there is necessity to deliberate in the subjects attributed
to its competence from the articles 2, first and second paragraph and 3, first
and second paragraph, of the decree legislative 16 March 1946, n. 98. In such
period the permanent Committees stay in operation. The legislative ones return
the bills of law to the Government, to them transmitted, with possible observations
and proposals of amendments.
The deputies can introduce interrogations to the Government with request of writing
The Constituent Assembly, to the effects of which to the second paragraph of the
present article, is summoned by its President on motivated request of the Government
or of at least two hundred deputies.
The present Constitution is promulgated by the provisional Chief of the State
within five days from its approval from the Constituent meeting, and it goes into
effect on January1sth 1948.
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The text of the Constitution is deposited in the town room of every Commune of
the Republic to be exposed there, during the whole year 1948, so that every citizen
can take knowledge of it.
The Constitution, provided of the seal of the State, will be inserted in the official
collection of the laws and the decrees of the Republic.
The Constitution will owe to be observed faithfully as fundamental law of the
Republic from all the citizens and from the organs of the State.