Italian constitution

Fundamental principles

Article 1

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.

Article 2

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.

Article 3

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.

Article 4

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.

Article 5

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.

Article 6

The Republic protects with special norms the linguistic minorities.

Article 7

The State and the Catholic Church are, each one in its own order, independent and sovereign.
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.

Article 8

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.

Article 9

The Republic promotes the development of the culture and the scientific search and technique.
It protects the environment and the historical and artistic patrimony of the Nation.

Article 10

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.

Article 11

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.
Article 12

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

Article 13

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.

Article 14

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.

Article 15

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.

Article 16

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.

Article 17

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.

Article 18

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.

Article 19

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 custom.

Article 20

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.

Article 21

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.

Article 22

Nobody can be private, for political motives, of the juridical ability, of the citizenship, of the name.

Article 23

No personal or property performance can be imposed if not in base to the law.

Article 24

Everybody can act in judgment for the guardianship of his own laws and legitimate affairs.
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 errors.

Article 25

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.

Article 26

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.

Article 27

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.

Article 28

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

Article 29

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.

Article 30

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 assignments.
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.

Article 31

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.

Article 32

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.

Article 33

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 exercise.
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 State.

Article 34

The school is open to everybody.
The inferior education, imparted for at least eight years, it is obligatory and free.
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

Article 35

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.

Article 36

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.

Article 37

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.

Article 38

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 unintentional unemployment.
The unable and disabled persons have the right to the education and the professional training.
Organs and institutes predisposed or integrated by the State provide to the assignments anticipated in this article.
The private assistance is free.

Article 39

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 is referred.

Article 40

The right of strike is practiced according to the laws that regulate it.

Article 41

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.

Article 42

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.

Article 43

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.

Article 44

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.

Article 45

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.

Article 46

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.

Article 47

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

Article 48

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 by law.

(*) So modified by article 1 of the law constitutional 17 January 2000, n. 1.

Article 49

All the citizens have the right freely to associate in parties to compete with democratic method to determine the national politics.

Article 50

All the citizens can turn petitions to the Chambers to ask legislative provisions or to expose common necessities.

Article 51

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 by law.
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.

Article 52

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.

Article 53

Everybody has to compete to the public expenses in reason for their contributive ability.
The tributary system is informed to progressive criterions.

Article 54

All citizens have duty to be faithful to the Republic and to observe its Constitution and laws.
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

Article 55

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.

Article 56

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.

Article 57

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.

Article 58

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.

Article 59

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 literary field.

Article 60

The Chamber of the Deputies and the Senate of the Republic are chosen for five years.
The duration of every Chamber cannot be postponed if not by law and only in case of war.
(*) So modified from art.3 of constitutional law N. 2 9 February 1963.

Article 61

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.

Article 62

The Chambers are gathered the first non festive day of February and October by law.
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 by law.

Article 63

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.

Article 64

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.

Article 65

The law determines the cases of ineligibility and incompatibility with the office of deputy or senator.
Nobody can belong to the two Chambers contemporarily.

Article 66

Every Chamber judges the titles of admission of its components and the turned up causes of ineligibility and of incompatibility.

Article 67

Each member of the Parliament represents the Nation and manages his functions without bond of mandate.

Article 68

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 of correspondence.
(*) So modified by the article 1 of the law constitutional 29 October 1993, n. 3)

Article 69

The members of the Parliament receive an indemnity established by law.

Section 2 The formation of the laws

Article 70

The legislative function is exercised from the two Chambers.

Article 71

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 law.
The people exercise the initiative of the laws, through the proposal, from at least 500000 electors, of a project compiled in articles.

Article 72

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.

Article 73

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.

Article 74

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.

Article 75

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.

Article 76

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.

Article 77

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.

Article 78

The Chambers deliberate the state of war and they confer to the Government necessary powers.

Article 79

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 final vote.
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.

Article 80

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.

Article 81

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 the budget.
Each other law that cares new or larger expenses has to point out the means to afford them.

Article 82

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

Article 83

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.

Article 84

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.

Article 85

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.

Article 86

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 their cessation.

Article 87

The President of the Republic is the head of the State and represents the national unity.
He can send messages to the Chambers.
He announced the elections of the new Chambers and he fixes the first reunion of it.
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 rules.
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 the Chambers.
He presides the superior Council of the magistracy.
He can grant grace and commute the punishments.
He confers the honors of the Republic.

Article 88

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

Article 89

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.

Article 90

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 the Constitution.
In such cases he is put in state of accusation from the Parliament in common session, with absolute majority of its members.

Article 91

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

Article 92

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.

Article 93

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.

Article 94

The Government has to have the confidence of the two Chambers.
Each Chamber grants or revokes confidence through motivated and voted for nominal appeal motion.
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.

Article 95

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.

Article 96

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 constitutional law.
(*) So modified by the art. 1 of the constitutional law 16 January 1989, n. 1.

Section 2 The Public Administration

Article 97

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.

Article 98

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

Article 99

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.

Article 100

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

Article 101

Justice is administered in name of the people.
The judges are subject only to the law.

Article 102

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.

Article 103

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.

Article 104

The magistracy constitutes an autonomous and independent order from every other power.
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.

Article 105

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.

Article 106

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.

Article 107

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.

Article 108

The norms on the judicial system and on every magistracy are established by law.
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.

Article 109

The judicial authority has directly the judicial police.

Article 110

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.

Article 111

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 only.
(*) So modified by the article 1 of the law constitutional 23 November 1999, n. 2

The District Attorney has the obligation to practice the penal action.

Article 113

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

Article 114

The Republic is divided in Regions, Provinces and Communes.

Article 115

The Regions are constituted in autonomous corporate body with their own powers and functions according to the principles fixed in the Constitution.

Article 116

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.

Article 117

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 other Regions:
(omitted)

The laws of the Republic can submit power to the Region to emanate norms for their realization.

Article 118

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 offices.

Article 119

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.

Article 120

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.

Article 121

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, n.1

Article 122

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

Article 123

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

Article 124

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.

Article 125

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.

Article 126

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 the Council.
(*) So modified by the article 4 of the constitutional law 22 November 1999, n.1

Article 127

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.

Article 128

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 of it.

Article 129

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.

Article 130

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 deliberation.

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.

Article 132

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.

Article 135

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.

Article 136

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.

Article 137

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.

Constitutional laws

Article 138

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.

Article 139

The republican form cannot be object of constitutional revision.

Transitory and final dispositions

1

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 title.

2

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.

3

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.

4

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.

5

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.

6

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 military courts.
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.

7

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 force.
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. 2.

8

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 Constitution.
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.

9

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.

10

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.

11

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 populations *.
* The constitutional law 18 March 1958, n. 1, has postponed the term until December 31 st 1963.

12

It is forbidden the reorganization, under any form, of the dissolved fascist party.
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.

13

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.

14

The noble titles are not recognized.
The predicates of those existing before October 28 th 1922 are worth as part of the name.
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.

15

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.

16

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.

17

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 answer.
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.

18

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.
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.