1 CONSTITUTION OF THE ITALIAN REPUBLIC*THE PROVISIONAL HEAD OF THE STATE Given the resolution of the Constituent Assembly, which in the session of 22 December 1947 has approved the Constitution of the Italian Republic;Given the XVIII final provision of the Constitution; PROMULGA The Constitution of the Italian Republic in the following text: PRINCIPLES FUNDAMENTAL Art. 1.Italy is a democratic republic, founded on work.Sovereignty belongs to the people, who exercise it in the forms and within the limits of the Constitution.Art. 2.The Republic recognizes and guarantees the inviolable rights of man, both as an individual and insocial formations where his personality takes place, and requires the fulfillment of mandatory duties of political, economic and social solidarity.Art. 3.All citizens have equal social dignity and are equal before the law, without distinction of gender, race, language, religion, political opinion, personal and social conditions.It is the duty of the Republic to remove the obstacles of an economic and social nature, which,by effectively limiting the freedom and equality of citizens, they prevent the full development ofthe human person and the effective participation of all workers in the political organization,economic and social of the country.Art. 4.The Republic recognizes the right to work for all citizens and promotes the conditions thatmake this right effective.Every citizen has the duty to carry out, according to their possibilities and their choice,an activity or function that contributes to the material or spiritual progress of society.
2Art. 5.The Republic, one and indivisible, recognizes and promotes local autonomies; implements in servicesthat the widest administrative decentralization depends on the state; adapt the principles and methods of its legislation to the needs of autonomy and decentralization .Art. 6.The Republic protects linguistic minorities with specific rules.Art. 7.The State and the Catholic Church are, each in its own order, independent and sovereign.Their relations are regulated by the Lateran Pacts. The amendments to the Agreements accepted by the two parts, do not require a constitutional review procedure.Art. 8.All religious denominations are equally free before the law.Religious denominations other than Catholic have the right to organize themselves according to their own statutes, as they do not conflict with the Italian legal system.Their relations with the State are regulated by law on the basis of agreements with the relative ones representations. Art. 9.The Republic promotes the development of culture and scientific and technical research.It protects the landscape and the historical and artistic heritage of the nation.Art. 10.The Italian legal system conforms to the rules of international law generally recognized. The legal status of the foreigner is regulated by law in accordance with the rules and regulations international treaties.The foreigner, who is prevented in his country from the effective exercise of freedoms democratic rights guaranteed by the Italian Constitution, has the right of asylum in the territory of the Republicunder the conditions established by law.Extradition of foreigners for political offenses is not allowed 1 .Art. 11.Italy repudiates war as an instrument of offense to the freedom of other peoples and as a means for the resolution of international disputes; allows, on an equal footing with other States,
3to the limitations of sovereignty necessary for an order that ensures peace and justice between the Nations; it promotes and favors international organizations aimed at this purpose.Art. 12.The flag of the Republic is the Italian tricolor: green, white and red, with three vertical bands of equal size. P ART IDIGHTS AND DUTIES OF CITIZENS TITLE I RELATIONSHIPS CIVIL Art. 13.Personal freedom is inviolable.No form of personal detention, inspection or search is permitted, either any other restriction of personal freedom, except by reasoned act of the judicial authority e only in the cases and ways provided for by law.In exceptional cases of necessity and urgency, strictly indicated by law, the authority of public security can take interim measures, which must be communicated byforty-eight hours to the judicial authority and, if this does not validate them in the following forty-eight hours,they are understood to be revoked and have no effect.Any physical and moral violence against persons in any case subject to restrictions is punished freedom.The law establishes the maximum limits of preventive detention.Art. 14.The home is inviolable.No inspections or searches or seizures can be carried out, except in the cases and ways established by law according to the guarantees prescribed for the protection of personal freedom.Investigations and inspections for reasons of public health and safety or for economic purposes and tax are regulated by special laws.Art. 15.The freedom and secrecy of correspondence and any other form of communication are inviolable.
4 Their limitation can only take place by reasoned act of the judicial authority with the guarantees established by law.Art. 16.Every citizen can move and reside freely in any part of the territory national, except for the limitations that the law generally establishes for reasons of health o rsafety. No restrictions can be determined for political reasons.Every citizen is free to leave the territory of the Republic and to re-enter it, except for the legal obligations.Art. 17.Citizens have the right to assemble peacefully and without arms.For meetings, even in places open to the public, no notice is required.For meetings in public places, notice must be given to the authorities, who may prohibit them only for proven reasons of public safety or security.Art. 18.Citizens have the right to associate freely, without authorization, for purposes that are not prohibited to individuals by criminal law.Secret associations and those that pursue goals, even indirectly, are prohibited political through organizations of a military nature.Art. 19.Everyone has the right to freely profess their religious faith in any form,individual or associated, to promote it and to worship it in private or public, provided that it is not a question of rites contrary to morality.Art. 20.The ecclesiastical character and the purpose of religion or worship of an association or institution is not they may be due to special legislative limitations, nor to special tax burdens for it's constitution, legal capacity and any form of activity.Art. 21.Everyone has the right to freely express their thoughts with speech, writing and any other means of dissemination.The press cannot be subject to authorization or censorship.Seizure can only be carried out by reasoned act 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 rules that the law itself prescribes for the indication of those responsible.
5In such cases, when there is absolute urgency and timely intervention is not possible of the judicial authority, the seizure of the periodical press can be carried out by officers of judicial police, who must immediately, and never after twenty-four hours, make a reportto the judicial authority. If this does not validate it in the following twenty-four hours, the seizureit is understood to be revoked and devoid of any effect.The law may establish, with general rules, that the means off inancing of periodicals.Printed publications, shows and all other events contrary to the morality. The law establishes adequate measures to prevent and suppress violations.Art. 22.No one can be deprived, for political reasons, of legal capacity, citizenship, of first name.Art. 23.No personal or patrimonial performance can be imposed except on the basis of the law.Art. 24.Everyone can take legal action to protect their legitimate rights and interests.Defense is an inviolable right in every state and degree of the procedure.The poor have the means to act and defend themselves in the presence of special institutions any jurisdiction.The law determines the conditions and methods for the reparation of judicial errors.Art. 25.No one can be deterred from the natural judge pre-established by law.No one can be punished except by virtue of a law that came into force before committed fact.No one can be subjected to security measures except in the cases provided for by law.Art. 26.The extradition of the citizen can be allowed only where it is expressly provided for by international conventions.In no case can it be admitted for political offenses 2 .Art. 27.Criminal liability is personal.The accused is not considered guilty until the final sentence.The penalties cannot consist of treatments contrary to the sense of humanity and must be aimed atto the re-education of the condemned.
6 Death penalty is not allowed 3 .Art. 28.Officials and employees of the state and public bodies are directly responsible,according to criminal, civil and administrative laws, of acts committed in violation of rights. In such cases civil liability extends to the state and public bodies.TITLE II R CONTRIBUTIONS OF ETHICS - SOCIAL Art. 29.The Republic recognizes the rights of the family as a natural society founded on marriage.Marriage is ordered on the moral and juridical equality of the spouses, with the established limits by law to guarantee family unity.Art. 30.It is the duty and right of parents to support, educate and educate their children, even if they were born out of marriage.In cases of parental incapacity, the law ensures that their duties are fulfilled.The law guarantees all compatible legal and social protection to children born out of wedlock with the rights of legitimate family members.The law dictates the rules and limits for the search for paternity.Art. 31.The Republic facilitates the formation of the family and the fulfillment of related tasks, with particular regard to large families.It protects motherhood, infancy and youth, promoting the institutions necessary for this purpose.Art. 32.The Republic protects health as a fundamental right of the individual and the interest of community, and guarantees free care to the indigent.Nobody can be obliged to a certain medical treatment if not by disposition of law. The law cannot in any case violate the limits imposed by respect for the human person.
7 Art. 33.Art and science are free and their teaching is free.The Republic dictates general rules on education and establishes state schools for all orders and grades.Entities and individuals have the right to establish schools and educational institutes, without charges for it State.The law, in setting the rights and obligations of non-state schools that demand equality, must assure them full freedom and their pupils a scholastic treatment equivalent to that of pupils of state schools.A state examination is required for admission to the various orders and grades of schools or for the conclusion of them and for the qualification to practice professionally.Institutions of high culture, universities and academies, have the right to organize them selves autonomous within the limits established by the laws of the State.Art. 34.The school is open to everyone.Lower education, given for at least eight years, is compulsory and free.The capable and deserving, even if deprived of means, have the right to reach the highest degrees ofEducation.The Republic makes this right effective with scholarships, grants to families and othersbenefits, which must be awarded by competition.TITLE III RELATIONSHIPS ECONOMIC Art. 35.The Republic protects work in all its forms and applications.It takes care of the training and professional development of workers.It promotes and favors international agreements and organizations aimed at affirming and regulate labor rights.It recognizes the freedom of emigration, subject to the obligations established by law in the interest general, and protects Italian work abroad.Art. 36.The worker has the right to remuneration in proportion to the quantity and quality of his work and in any case sufficient to ensure a free and dignified existence for oneself and the family.The maximum duration of the working day is established by law.The worker has the right to weekly rest and paid annual leave, and cannot waive them.
8 Art. 37.The working woman has the same rights and, for the same work, the same wages they are entitled to to the worker. The working conditions must allow the fulfillment of its essential family function and ensure special adequate protection for the mother and child.The law sets the minimum age limit for paid work.The Republic protects the work of minors with special rules and guarantees them, with the same amount work, the right to equal pay.Art. 38.Every citizen unable to work and without the necessary means to live has the right to maintenance and social assistance.Workers have the right to provide and ensure adequate means for their needs life in case of accident, illness, invalidity and old age, involuntary unemployment.Disabled and handicapped people have the right to education and professional training.The tasks envisaged in this article are carried out by established or integrated bodies and institutions by the state.Private assistance is free.Art. 39.The trade union organization is free.Trade unions cannot be subjected to any other obligation other than their registration in offices local or central, according to the law.It is a condition for registration that the statutes of the trade unions establish an order internal on a democratic basis.Registered trade unions have legal personality. They can, represented as a unit in proportion of their members, stipulate collective labor agreements with mandatory effect for all those belonging to the categories to which the contract refers.Art. 40.The right to strike is exercised within the framework of the laws that regulate it.Art. 41.Private economic initiative is free.It cannot take place contrary to the social utility or in a way that could damage safety,to freedom, to human dignity.The law determines the appropriate programs and controls because the public economic activity e private can be addressed and coordinated for social purposes.Art. 42.Ownership is public or private. Economic assets belong to the state, to entities or to private individuals.
9 Private property is recognized and guaranteed by the law, which determines the ways of it acquisition, enjoyment and limits in order to ensure its social function and render it accessible to all.Private property can be expropriated in the cases provided for by law and subject to compensation for reasons of general interest.The law establishes the rules and limits of legitimate and testamentary succession and rights of the state on inheritances.Art. 43.For purposes of general utility, the law may originally reserve or transfer, by means of expropriation and subject to compensation, to the State, public bodies or communities of workers or users certain enterprises or categories of enterprises, which refer to essential public services or sourcesof energy or in monopoly situations and have a pre-eminent general interest character.Art. 44.In order to achieve rational land use and to establish fair social relations, the law imposes obligations and constraints on private land ownership, sets limits on its extension according to the regions and agricultural areas, it promotes and imposes land reclamation and transformationlarge estates and the reconstitution of production units; helps small and medium-sized properties.The law provides for provisions in favor of mountain areas.Art. 45.The Republic recognizes the social function of cooperation of a mutuality character e without the purpose of private speculation. The law promotes and favors the increase with the most means suitable and ensures, with the appropriate controls, their character and purpose.The law provides for the protection and development of crafts.Art. 46.For the purpose of the economic and social elevation of work in harmony with the needs of the production, the Republic recognizes the right of workers to collaborate, in the manner and within the limits established by law, to the management of companies.Art. 47.The Republic encourages and protects savings in all its forms; disciplines, coordinates e controls the exercise of credit.It favors the access of popular savings to home ownership, to direct ownership farmer and direct and indirect equity investment in the large production complexes of the country.
10 TITLE IV RELATIONSHIPS POLITICIANS Art. 48.All citizens, men and women, who have re ached the age of majority are voters.The vote is personal and equal, free and secret. Its exercise is a civic duty.The law establishes requirements and procedures for exercising the right to vote of resident citizens abroad and ensures its effectiveness. For this purpose, a foreign constituency is established for the election of the Chambers, to which seats are assigned in the number established by constitutional norm e according to criteria determined by law 4 .The right to vote cannot be limited except for civil incapacity or as a result of a sentence irrevocable penalty or in cases of moral unworthiness indicated by law.Art. 49.All citizens have the right to freely associate in parties to compete methodically democratic to determine national politics.Art. 50.All citizens can petition the Chambers to ask for legislative measures or expose common needs.Art. 51 All citizens of one or the other sex can access public offices and office selective under conditions of equality, according to the requirements established by law. To this end, the Repubblica promotes equal opportunities between women and men with specific measures5 .The law may, for admission to public offices and elected offices, equalize citizensItalians not belonging to the Republic.Whoever is called to elective public functions has the right to have the time necessary for them fulfillment and to keep his job.Art. 52.The defense of the homeland is a sacred duty of the citizen.Military service is compulsory within the limits and methods established by law. Its fulfillment it does not affect the citizen's working position, nor the exercise of political rights.The organization of the Armed Forces is based on the democratic spirit of the Republic.Art. 53.All are required to contribute to public expenses based on their ability to pay.The tax system is based on criteria of progression.
11 Art. 54.All citizens have the duty to be loyal to the Republic and to observe its Constitution and laws.Citizens to whom public functions are entrusted have the duty to fulfill them with discipline and honor, taking an oath in the cases established by law.P ART II O RDINATION OF REPUBLIC TITLE IIL PARLIAMENT SECTION I Rooms.Art. 55.Parliament is made up of the Chamber of Deputies and the Senate of the Republic.Parliament meets in joint session of the members of the two Houses only in the established cases from the Constitution.Art. 566 .The Chamber of Deputies is elected by universal and direct suffrage.The number of deputies is six hundred and thirty, twelve of whom are elected in the overseas constituency.All voters who have completed i on the day of the elections are eligible to be deputies twenty five years of age.The distribution of seats among the constituencies, without prejudice to the number of seats assigned to the foreign constituency, is carried out by dividing the number of inhabitants of the Republic, as it results since the last general census of the population, for six hundred and eighteen and distributing the seats in proportion to the population of each constituency, on the basis of whole and highest quotients remains.
12 Art. 577 .The Senate of the Republic is elected on a regional basis, subject to the seats assigned to the constituency Abroad.The number of elected senators is three hundred and fifteen, six of whom are elected in the constituency Abroad.No Region may have fewer than seven senators; Molise has two, the Aosta Valley one.The distribution of seats among the Regions, without prejudice to the number of seats assigned to the foreign constituency, after applying the provisions of the previous paragraph, it is carried out inproportion to the population of the Regions, as shown by the last general census, on the basis of integer quotients and the highest remainders.Art. 58.Senators are elected by universal and direct suffrage by voters who have passed the twenty-fifth year of age.Electors who have completed their fortieth year are eligible as senators.Art. 59.Anyone who was President of the Republic is a senator by right and for life, unless waived.The President of the Republic can appoint five citizens who have senators for life illustrated the homeland for outstanding merits in the social, scientific, artistic and literary fields.Art. 60.The Chamber of Deputies and the Senate of the Republic are elected for five years 8.The duration of each Chamber cannot be extended except by law and only in the case of war.Art. 61.The elections of the new Chambers take place within seventy days from the end of the previous ones.The first meeting takes place no later than the twentieth day after the elections.Until the new Chambers are reunited, the powers of the previous ones are extended.Art. 62.The Chambers meet by right on the first non-holiday day of February and October.Each House can be convened in extraordinary session on the initiative of its President or the President of the Republic or a third of its members.When one Chamber meets in an extraordinary way, the other is called by law as well.
13 Art. 63 Each Chamber elects the President and the Bureau from among its members.When Parliament meets in joint session, the President and the Bureau are those of the Chamber of Deputies.Art. 64.Each Chamber adopts its own regulations by an absolute majority of its members.The sessions are public; however each of the two chambers and the parliament to chambers together they can decide to meet in secret session.The resolutions of each House and Parliament are not valid if the majority of their members, and if they are not adopted by a majority of those present, unless the Constitution prescribes a special majority.The members of the Government, even if they are not part of the Chambers, have the right, and if request ed obligation, to attend the sessions. They need to be heard whenever they ask for it.Art. 65.The law determines the cases of ineligibility and incompatibility with the office of deputy or of senator.No one can belong to the two Houses at the same time.Art. 66 Each Chamber judges the admission qualifications of its members and the causes occurrence of ineligibility and incompatibility.Art. 67.Each member of Parliament represents the Nation and exercises his functions without constraint of send.Art. 689 .Members of Parliament cannot be held accountable for the views expressed e of the votes cast in the exercise of their functions.Without the authorization of the Chamber to which he belongs, no member of Parliament can be subjected to a personal or home search, nor can he be arrested or otherwise deprived of personal liberty, or kept in detention, except in execution of a sentence irrevocable sentence, or if it is caught in the act of committing a crime for which it is mandatory arrest in flag rante delicto is foreseen.A similar authorization is required to subject members of Parliament to wiretapping,in any form, of conversations or communications and seizure of correspondence.
14 Art. 69.Members of Parliament receive an allowance established by law. SECTION II The formation of laws.Art. 70.The legislative function is exercised collectively by the two Chambers.Art. 71 The initiative of the laws belongs to the Government, to each member of the Chambers and to the organs and entities to which it is conferred by constitutional law.The people exercise the initiative of the laws, through the proposal, by at least fifty thousand voters, of a draft drawn up in articles.Art. 72.Each bill presented to a Chamber is, according to the rules of its regulation,examined by a commission and then by the Chamber itself, which approves it article by article and with final vote.The regulation establishes shortened procedures for the bills of which it is declared the urgency.It can also establish in which cases and forms the examination and approval of the bills are referred to commissions, including permanent ones, in such a way as to reflect the proportion of parliamentary groups. Even in such cases, up to the time of its final approval, the bill is remitted to the Chamber, if the Government or one-tenth of the members of the Chamber or one fifth of the commission require that it be discussed and voted on by the House itself or that is submitted for its final approval with only explanations of vote. The regulation determines the forms of publicity for the work of the commissions.The normal procedure of examination and direct approval by the Chamber is always adopted for the draft laws on constitutional and electoral matters and for those of delegation legislative, authorization to ratify international treaties, approval of financial statements e final balance sheets.Art. 73.Laws are promulgated by the President of the Republic within one month of approval.
15 If the Houses, each with an absolute majority of its members, declare it urgency, the law is promulgated within the term established by it.The laws are published immediately after their promulgation and come into force on the fifteenth day following their publication, unless the laws themselves establish a different term.Art. 74.The President of the Republic, before promulgating the law, can with a reasoned message at Chambers ask for a new resolution.If the Houses approve the law again, it must be promulgated.Art. 75.A popular referendum is called to deliberate the total or partial repeal of a law oran act having the force of law, when five hundred thousand voters or five councils request it regional.The referendum for tax and budget laws, amnesty and pardon laws, authorization to ratify international treaties.All citizens called to elect the Chamber of Deputies have the right to participate in the referendum deputies.The proposal subject to referendum is approved if it participated in the vote majority of those entitled, and if the majority of validly cast votes is reached.The law determines the procedures for implementing the referendum .Art. 76.The exercise of the legislative function cannot be delegated to the Government except with determination of guiding principles and criteria and only for a limited time and for defined objects.Art. 77 The Government cannot, without a delegation from the Chambers, issue decrees that have the value of ordinary law.When, in extraordinary cases of necessity and urgency, the Government adopts, under its liability, provisional measures with the force of law, must present them for the same day conversion to the Chambers which, even if dissolved, are specially convened and meet with in five days.The decrees lose their effectiveness from the beginning if they are not converted into law within sixty days since their publication. However, the Chambers can regulate by law the juridical relations that have arisen on the basis of unconverted decrees.Art. 78.The Chambers decides on the state of war and give the Government the necessary powers.
16 Art. 7 9 10 .Amnesty and pardon are granted by law approved by a majority of two thirds of the members of each House, in each of its articles and in the final vote.The law that grants amnesty or pardon establishes the deadline for their application.In any case, the amnesty and pardon cannot be applied to crimes committed subsequently at the presentation of the bill.Art. 80.The Chambers authorize by law the ratification of international treaties which are of nature policy, or provide for arbitration or judicial regulations, or involve changes in the territory or financial charges or changes in laws.Art. 81.(Text applicable up to the financial year relating to 2013)The Chambers approves the budgets and final accounts presented by the Government every year.The provisional exercise of the budget cannot be granted except by law and for periods not exceeding a total of four months.With the law approving the budget it is not possible to establish new taxes and new expenses.Any other law involving new or increased expenses must indicate the means to meet them.***(Text applicable from the financial year relating to 2014)11 12 The state ensures the balance between the income and expenditure of its budget, taking into account the adverse and favorable phases of the economic cycle.Recourse to debt is allowed only for the purpose of considering the effects of the cycle economic and, subject to the approval of the Chambers adopted by an absolute majority of the respective ones components, in the event of exceptional events.Any law that imposes new or greater burdens provides the means to meet them.Each year the Chambers approves by law the budget and the final account presented by Government.The provisional exercise of the budget cannot be granted except by law and for periods not exceeding a total of four months.The content of the budget law, the fundamental rules and criteria aimed at ensuring the balance between budget revenues and expenses and the debt sustainability of the complex of public administrations are established by law approved by an absolute majority of members of each House, in compliance with the principles defined by constitutional law.Art. 82 Each Chamber can arrange inquiries on matters of public interest.
17 For this purpose, it appoints a commission formed from among its members reflect the proportion of the various groups. The commission of inquiry proceeds with the investigations and the examinations with the same powers and the same limitations as the judicial authority.TITLE II IL PRESIDENT OF THE REPUBLIC Art. 83.The President of the Republic is elected by the Parliament in joint session of its members.Three delegates from each Region participate in the election, elected by the Regional Council in such a way that the representation of minorities is ensured. Valle d'Aosta has only one delegate.The election of the President of the Republic takes place by secret ballot with a majority of two thirds of the assembly. After the third ballot, an absolute majority is sufficient.Art. 84.Any citizen who has reached the age of fifty can be elected President of the Republic years of age and enjoy civil and political rights.The office of President of the Republic is incompatible with any other office.The President's check and endowment are determined by law.Art. 85.The President of the Republic is elected for seven years.Thirty days before the deadline expires, the President of the Chamber of Deputies convenes in joint session of the Parliament and the regional delegates, to elect the new President of the Republic.If the Houses are dissolved, or if there is less than three months for their termination, the election takes place within fifteen days of the meeting of the new Chambers. In the meantime, the powers of the President in office.Art. 86.The functions of the President of the Republic, in any case that he cannot fulfill them, are exercised by the President of the Senate.In case of permanent impediment or death or resignation of the President of the Republic, the President of the Chamber of Deputies announces the election of the new President of the Republic within fifteen days, except for the longer term provided if the Chambers are dissolved or there is less than three months to their termination.
18 Art. 87.The President of the Republic is the head of the state and represents national unity.It can send messages to the Chambers.He calls the elections of the new Chambers and sets their first meeting. Authorizes the submission to the Chambers of government-initiated bills.It promulgates laws and issues decrees having the force of law and regulations.He calls the popular referendum in the cases provided for by the Constitution.In the cases indicated by law, it appoints state officials.Accredits and receives diplomatic representatives, ratifies international treaties, prior, when the authorization of the Chambers is required.He is in command of the Armed Forces, chairs the Supreme Defense Council constituted second the law declares the state of war approved by the Chambers.He chairs the High Council of the Judiciary.He can grant pardons and commute penalties.It confers the honors of the Republic.Art. 88.The President of the Republic can, after hearing their Presidents, dissolve the Chambers or even one alone of them.He cannot exercise this faculty in the last six months of his mandate, except that they coincide in whole or in part with the last six months of the legislature 13 .Art. 89.No act of the President of the Republic is valid if it is not countersigned by the ministers proponents, who takes responsibility for it.The acts that have legislative value and the others indicated by the law are also countersigned by the President of the Council of Ministers.Art. 90.The President of the Republic is not responsible for the acts carried out in the exercise of his functions, except for high treason or an attack on the Constitution.In such cases he is accused by Parliament in joint session, by majority absolute of its members.Art. 91.The President of the Republic, before taking up his duties, takes an oath of fidelity to the Republic and observance of the Constitution before the Parliament in joint session.
19 TITLE III IL GOVERNO SECTION I The Council of Ministers.Art. 92 The Government of the Republic is composed of the Prime Minister and the ministers, who together they constitute the Council of Ministers.The President of the Republic appoints the President of the Council of Ministers and, on the proposal of this, the ministers.Art. 93 The President of the Council of Ministers and the ministers, before taking up their functions, perform oath in the hands of the President of the Republic.Art. 94 The Government must have the confidence of the two Houses.Each House grants or revokes the confidence by reasoned motion and voted by appeal nominal. With in ten days of its formation, the Government presents itself to the Chambers to obtain it confidence.The vote against by one or both chambers on a government proposal does not matter obligation to resign.The motion of no confidence must be signed by at least one tenth of the members of the Chamber and cannot be questioned before three days from its presentation.Art. 95 The President of the Council of Ministers directs the general policy of the Government and is one of them responsible. It maintains the unity of political and administrative direction, promoting and coordinating the activity of ministers.The ministers are collectively responsible for the acts of the Council of Ministers, e individually of the acts of their departments.The law provides for the organization of the Presidency of the Council and determines the number, the powers and organization of ministries.Art. 9 6 14 .The President of the Council of Ministers and the ministers, even if they have ceased from office, are subject, for crimes committed in the exercise of their functions, to ordinary, prior jurisdiction
20 authorization from the Senate of the Republic or the Chamber of Deputies, according to the established rules with constitutional law. SECTION II The Public Administration.Art. 97(Text applicable up to the financial year relating to 2013)Public offices are organized according to legal provisions, so that they are insured the good performance and impartiality of the administration.In the organization of the offices, the spheres of competence, the attributions and the own responsibilities of officials.Jobs in public administrations are accessed through competition, except in cases established by law.***(Text applicable from the financial year relating to 2014)Public administrations, in accordance with the European Union law,they ensure the balance of budgets and the sustainability of the public debt 15.Public offices are organized according to legal provisions, so that they are insured the good performance and impartiality of the administration.In the organization of the offices, the spheres of competence, the attributions and the own responsibilities of officials.Jobs in public administrations are accessed through competition, except in cases established by law.Art. 98.Public employees are at the exclusive service of the Nation.If they are members of Parliament, they cannot be promoted except through seniority.It is possible by law to establish limitations on the right to join political parties for the magistrates, active-duty career soldiers, police officers and officers, representatives diplomats and consular posts abroad.
21 SECTION III The auxiliary bodies.Art. 99 The National Council for Economy and Labor is composed, in the ways established by law, of experts and representatives of the productive categories, to an extent that takes theirs into account numerical and qualitative importance.It is the advisory body of the Chambers and the Government for the matters and according to the functions that they are attributed to him by law.It has the legislative initiative and can contribute to the elaboration of economic legislation e according to the principles and within the limits established by law.Art. 100.The Council of State is a body for legal-administrative advice and for the protection of justice in the administration.The Court of Auditors exercises preventive control over the legitimacy of the acts of the Government, and also the next one on the management of the state budget. Participate, in the cases and in the established forms by law, to control over the financial management of entities to which the State contributes in via ordinary. He reports directly to the Chambers on the result of the feedback carried out.The law ensures the independence of the two Institutes and their components vis-à-vis the Government.TITLE IV LA MAGISTRATURA SECTION I Jurisdictional order.Art. 101 Justice is administered in the name of the people.Judges are subject only to the law.Art. 102 The judicial function is exercised by ordinary magistrates established and regulated by the rules on the judiciary.
22 Extraordinary judges or special judges cannot be established. They can only establish them selves at the ordinary judicial bodies specialized sections for certain subjects, also with the participation of suitable citizens outside the judiciary.The law regulates the cases and forms of the direct participation of the people in the administration of justice.Art. 103 The Council of State and other administrative justice bodies have jurisdiction over the protection of legitimate interests vis-à-vis the public administration and, in particular matters indicated by law, including subjective rights.The Court of Auditors has jurisdiction over public accounting and other matters specified by law.Military courts in wartime have jurisdiction established by law. In time of pace have jurisdiction only for military crimes committed by members of the Armed Forces.Art. 104.The judiciary constitutes an autonomous and independent order from any other power.The Superior Council of the Judiciary is chaired by the President of the Republic.The first President and the Attorney General of the Court of law are part of it by right cassation. The other members are elected for two thirds by all the ordinary magistrates among the membersto the various categories, and for a third by Parliament in joint session between full professors of universities in law and lawyers after fifteen years of practice.The Council elects a vice president from among the members designated by the Parliament.The elected members of the Council remain in office for four years and are not immediatelyre-eligible.They cannot, while they are in office, be registered in the professional registers, nor be part of the Parliament or a regional council.Art. 105.They belong to the Superior Council of the Judiciary, according to the rules of the legal system judicial, hiring, assignments and transfers, promotions and provisions disciplinary measures with regard to magistrates.Art. 106.The appointments of magistrates take place by competition.The law on the judiciary can admit the appointment, even elective, of magistrates fees for all functions attributed to individual judges.Upon designation by the High Council of the Judiciary, they can be called to the office of councilors of cassation, for distinguished merits, full professors of universities in juridical subjects and lawyers who have fifteen years of practice and are registered in the special registers for the higher jurisdictions.
23 Art. 107.The magistrates are immovable. They cannot be dispensed with or suspended from the service either intended for other offices or functions unless following a decision by the Superior Council of the judiciary, adopted or for the reasons and with the guarantees of defense established by the judiciary or with their consent.The Minister of Justice has the power to promote disciplinary action.The magistrates are distinguished from each other only by the diversity of functions.The public prosecutor enjoys the guarantees established for him by the rules on the judiciary.Art. 108.The rules on the judiciary and on each judiciary are established by law.The law ensures the independence of the judges of special jurisdictions, of the public ministry to them, and to outsiders who participate in the administration of justice.Art. 109.The judicial authority directly has the judicial police.Art. 110.Without prejudice to the powers of the Superior Council of the Judiciary, they belong to the Minister of justice in the organization and functioning of services relating to justice.SECTION II Jurisdiction rules.Art. 11116 .Jurisdiction is implemented through two process regulated by law.Each trial takes place in the cross-examination between the parties, on an equal footing, before third and impartial judge. The law ensures its reasonable duration.In the criminal trial, the law ensures that the person accused of a crime is, in the shortest as soon as possible, confidentially informed of the nature and reasons of the accusation against him;has the time and conditions necessary to prepare his defense; have the faculty, in front to the judge, to interrogate or have interrogated persons who make statements against him, of obtain the convocation and interrogation of persons in his defense under the same conditionsthe prosecution and the acquisition of any other means of evidence in his favor; is assisted by an interpreter if he does not understand or speak the language used in the process.
24 The criminal trial is governed by the adversarial principle in the formation of evidence. There guilt of the accused cannot be proven on the basis of statements made by those who, for free choice, has always voluntarily withdrawn from interrogation by the accused or his own defender.The law regulates the cases in which the formation of the test does not take place in adversarial order consent of the accused or for ascertained impossibility of an objective nature or as a result of proven evidence unlawful conduct.All judicial measures must be reasoned.Against the sentences and against the measures on personal freedom, pronounced by the organs ordinary or special jurisdictional cases, it is always possible to appeal to the Supreme Court for violation of the law.This rule can only be waived for military court rulings in wartime.The appeal to the Supreme Court is against the decisions of the Council of State and the Court of Auditorsadmitted only for reasons relating to jurisdiction.Art. 112.The prosecutor has an obligation to prosecute.Art. 113 Against the acts of the public administration it is always allowed the judicial protection of rights and legitimate interests before the bodies of ordinary or administrative jurisdiction.Such judicial protection cannot be excluded or limited to particular means of appeal or for certain categories of acts.The law determines which organs of jurisdiction can annul acts of the public administration in the cases and with the effects provided for by the law itself.TITLE V 17 L E REGIONS , LE PROVINCE , I C OMUNI Art. 11418 .The Republic is made up of the Municipalities, the Provinces, the Metropolitan Cities, the Regions and the State.Municipalities, Provinces, Metropolitan Cities and Regions are autonomous entities with their own statutes, powers and functions according to the principles established by the Constitution.Rome is the capital of the Republic. The law of the state governs its system.Art. 115.[Repealed by article 9, paragraph 2, of the constitutional law no. 3]
25Art. 11619 .Friuli Venezia Giulia, Sardinia, Sicily, Trentino-Alto Adige / Südtirol and the Valleyd'Aosta / Vallée d'Aoste have special forms and conditions of autonomy, according to irespective special statutes adopted by constitutional law.The Trentino-Alto Adige / Südtirol Region is made up of the autonomous provinces of Trento and of Bolzano. Further forms and particular conditions of autonomy, concerning the matters referred to in the third paragraph of article 117 and the matters indicated in the second paragraph of the same article in lettersl) , limited to the organization of justice of the peace, n) and s) , can be attributed to others Regions, by state law, on the initiative of the Region concerned, after consulting the local authorities, in compliance with the principles referred to in article 119. The law is approved by the Chambers by a majority absolute of the components, on the basis of an agreement between the State and the Region concerned.Art. 11720 .(Text applicable up to the financial year relating to 2013)Legislative power is exercised by the State and the Regions in compliance with the Constitution,as well as the constraints deriving from the community legal system and international obligations.The state has exclusive legislation in the following matters:a) foreign policy and international relations of the state; relations of the State with the Union European; right of asylum and legal status of citizens of non-EU states European;b) immigration;c) relations between the Republic and religious confessions;d) defense and armed forces; state security; weapons, ammunition and explosives;e) money, savings protection and financial markets; competition protection; system currency; tax and accounting system of the state; equalization of financial resources;f) state bodies and related electoral laws; state referendums ; election of Parliament European;g) system and administrative organization of the State and of national public bodies;h) public order and security, with the exception of the local administrative police;i) citizenship, marital status and registry offices;l) jurisdiction and procedural rules; civil and criminal law; administrative justice;m) determination of the essential levels of benefits concerning civil and social right swhich must be guaranteed throughout the national territory;n) general rules on education;o) social security;p) electoral legislation, governing bodies and fundamental functions of Municipalities, Provinces and Metropolitan cities;q) customs, protection of national borders and international prophylaxis;r) weights, measures and determination of time; statistical information coordination and data processor of the state, regional and local administration; intellectual works;s) protection of the environment, ecosystem and cultural heritage.
26 Concurrent legislation matters are those relating to: international relations and with the European Union of Regions; foreign trade; job protection and safety; instruction,saves the autonomy of educational institutions and with the exclusion of education and training professional; professions; scientific and technological research and innovation support for the sectors productive; health protection; supply; sports regulations; civil protection; government of territory; civil ports and airports; large transport and navigation networks; sorting of communication; national energy production, transport and distribution; social security complementary and supplementary; harmonization of public budgets and coordination of finance public and tax system; enhancement of cultural and environmental heritage and promotion e organization of cultural activities; savings banks, rural banks, character credit companies regional; regional land and agricultural credit institutions. In matters of legislation concurrent legislative power belongs to the Regions, except for the determination of principles fundamental, reserved for state legislation.It is up to the Regions the legislative power in reference to any matter not expressly reserved for state legislation.The Regions and Autonomous Provinces of Trento and Bolzano, in matters falling within their competence,they participate in the decisions aimed at the formation of the community regulatory acts and they provide the implementation and execution of international agreements and European Union acts, in compliance with the rules of procedure established by the law of the State, which governs the procedures for exercise of substitute power in the event of default.Regulatory power belongs to the State in matters of exclusive legislation, unless delegated to the Regions. Regulatory power belongs to the Regions in all other matters. The Municipalities, the Provinces and metropolitan cities have regulatory power with regard to discipline the organization and performance of the functions assigned to them.Regional laws remove every obstacle that prevents the full equality of men and women women in social, cultural and economic life and promote equal access for women e men to elected offices.The regional law ratifies the agreements of the Region with other Regions for the best exercise of their functions, also with the identification of common bodies.In matters within its competence, the Region can conclude agreements with States and agreements with entities territorial internal to another State, in the cases and with the forms governed by the laws of the State.***(Text applicable from the financial year relating to 2014)Legislative power is exercised by the State and the Regions in compliance with the Constitution,as well as the constraints deriving from the community legal system and international obligations.The state has exclusive legislation in the following matters:a) foreign policy and international relations of the state; relations of the State with the Union European; right of asylum and legal status of citizens of non-EU states European;b) immigration;c) relations between the Republic and religious confessions;d) defense and armed forces; state security; weapons, ammunition and explosives;
27e) money, savings protection and financial markets; competition protection; systemcurrency; tax and accounting system of the state; harmonization of public budgets; equalization of financial resources 21;f) state bodies and related electoral laws; state referendums ; election of Parliament European;g) system and administrative organization of the State and of national public bodies;h) public order and security, with the exception of the local administrative police;i) citizenship, marital status and registry offices;l) jurisdiction and procedural rules; civil and criminal law; administrative justice;m) determination of the essential levels of benefits concerning civil and social rights which must be guaranteed throughout the national territory;n) general rules on education;o) social security;p) electoral legislation, governing bodies and fundamental functions of Municipalities, Provinces and Metropolitan cities;q) customs, protection of national borders and international prophylaxis;r) weights, measures and determination of time; statistical information coordination and data processor of the state, regional and local administration; intellectual works;s) protection of the environment, ecosystem and cultural heritage.Concurrent legislation matters are those relating to: international relations and with the European Union of Regions; foreign trade; job protection and safety; instruction,saves the autonomy of educational institutions and with the exclusion of education and training professional; professions; scientific and technological research and innovation support for the sectors productive; health protection; supply; sports regulations; civil protection; government of territory; civil ports and airports; large transport and navigation networks; sorting of communication; national energy production, transport and distribution; social security complementary and supplementary; coordination of public finance and the tax system 22;enhancement of cultural and environmental heritage and promotion and organization of cultural activities;savings banks, rural banks, regional credit companies; land credit institutions e agrarian of a regional nature. In matters of concurrent legislation, the power is vested in the Regions legislative, except for the determination of fundamental principles, reserved for legislation of the state.It is up to the Regions the legislative power in reference to any matter not expressly reserved for state legislation.The Regions and Autonomous Provinces of Trento and Bolzano, in matters falling within their competence,they participate in the decisions aimed at the formation of the community regulatory acts and they provide the implementation and execution of international agreements and European Union acts, in compliance with the rules of procedure established by the law of the State, which governs the procedures for exercise of substitute power in the event of default.Regulatory power belongs to the State in matters of exclusive legislation, unless delegated to the Regions. Regulatory power belongs to the Regions in all other matters. The Municipalities, the Provinces and metropolitan cities have regulatory power with regard to discipline the organization and performance of the functions assigned to them.Regional laws remove every obstacle that prevents the full equality of men and women women in social, cultural and economic life and promote equal access for women e men to elected offices.
28 The regional law ratifies the agreements of the Region with other Regions for the best exercise of their functions, also with the identification of common bodies.In matters within its competence, the Region can conclude agreements with States and agreements with entities territorial internal to another State, in the cases and with the forms governed by the laws of the State.Art. 11823 .The administrative functions are attributed to the Municipalities except to ensure their exercise unitary, are conferred on Provinces, Metropolitan Cities, Regions and the State, on the basis of the principles of subsidiarity, differentiation and adequacy.Municipalities, Provinces and Metropolitan Cities have their own administrative functions and those conferred by state or regional law, according to their respective competences.State law regulates forms of coordination between the State and the Regions in the matters referred to in letters b) and h) of the second paragraph of article 117, and also regulates forms of agreement e coordination in the matter of the protection of cultural heritage.State, Regions, Metropolitan Cities, Provinces and Municipalities favor the autonomous initiative of citizens, individuals and associates, for the performance of activities of general interest, on the basis of the principle of subsidiarity.Art. 11924 .(Text applicable until financial year 2013)Municipalities, Provinces, Metropolitan Cities and Regions have financial autonomy of income and expense.Municipalities, Provinces, Metropolitan Cities and Regions have autonomous resources.They establish and apply their own taxes and revenues, in accordance with the Constitution and according to i principles of coordination of public finance and the tax system. They have sharing in the revenue from tax authorities referable to their territory.The law of the State establishes an equalization fund, with no destination restrictions, for i territories with lower fiscal capacity per inhabitant.The resources deriving from the sources referred to in the preceding paragraphs allow the Municipalities, the Provinces, metropolitan cities and regions to fully finance public functions attributed to them.To promote economic development, social cohesion and solidarity, to remove the economic and social imbalances, to favor the effective exercise of personal rights, or forprovide for purposes other than the normal exercise of their functions, the state allocates resources and carries out special interventions in favor of certain Municipalities, Provinces, Cities metros and Regions.Municipalities, Provinces, Metropolitan Cities and Regions have their own heritage,attributed according to the general principles determined by the law of the State. They can resort to debt only to finance investment expenses. Any State guarantee on the loans from the same contracts.***
29(Text applicable from the financial year relating to 2014)Municipalities, Provinces, Metropolitan Cities and Regions have financial autonomy of income and expenditure, while respecting the balance of the relative budgets, and contribute to ensuring the observance of the economic and financial constraints deriving from the European Union law 25.Municipalities, Provinces, Metropolitan Cities and Regions have autonomous resources.They establish and apply their own taxes and revenues, in accordance with the Constitution and according to i principles of coordination of public finance and the tax system. They have sharing in the revenue from tax authorities referable to their territory.The law of the State establishes an equalization fund, with no destination restrictions, for i territories with lower fiscal capacity per inhabitant.The resources deriving from the sources referred to in the preceding paragraphs allow the Municipalities, the Provinces, metropolitan cities and regions to fully finance public functions attributed to them.To promote economic development, social cohesion and solidarity, to remove the economic and social imbalances, to favor the effective exercise of personal rights, or for provide for purposes other than the normal exercise of their functions, the state allocates resources and carries out special interventions in favor of certain Municipalities, Provinces, Cities metros and Regions.Municipalities, Provinces, Metropolitan Cities and Regions have their own heritage,attributed according to the general principles determined by the law of the State. They can resort to debt only to finance investment expenses, with the contextual definition of plans depreciation and on condition that for all the entities of each Region it is respected the budget balance. Any State guarantee on the loans from the same contracts is excluded 26.Art. 12027 .The Region cannot impose import or export duties or transit duties between Regions, nor adopt measures that hinder in any way the free movement of persons and things between the Regions, nor limit the exercise of the right to work in any part of the territory national.The Government can take the place of organs of the Regions, Metropolitan Cities, Provinces and of Municipalities in the event of non-compliance with international standards and treaties or legislation community or of serious danger for the safety and public safety, or when it is they require the protection of the legal unit or economic unit and in particular the protection of levels essentials of services concerning civil and social rights, regardless of territorial boundaries of local governments. The law defines the procedures to ensure that the surrogate powers are exercised in compliance with the subsidiarity principle and the principle of loyal cooperation.Art. 12128 .The organs of the Region are: the Regional Council, the Executive and its president.The Regional Council exercises the legislative powers attributed to the Region and other functions conferred on it by the Constitution and the laws. It can make bills to the Chambers.
30 The regional council is the executive body of the regions.The President of the Executive represents the Region; directs the policy of the Executive and is one of them responsible; promulgates laws and issues regional regulations; directs the administrative functionsd elegated by the State to the Region, in compliance with the instructions of the Government of the Republic.Art. 12229 .The system of election and cases of ineligibility and incompatibility of the President and the others members of the regional council as well as regional councilors are governed by the law of Region within the limits of the fundamental principles established by the law of the Republic, which establishes also the duration of the elected bodies.No one can belong simultaneously to a Council or a Regional Executive and to one of the Houses of Parliament, to another Council or to another Regional Council, or to the European Parliament.The Board elects a President and a Bureau from among its members.The regional councilors cannot be called to answer for the opinions expressed and for votes cast in the exercise of their duties.The President of the Regional Council, unless the regional statute provides otherwise, is elected by universal and direct suffrage. The elected President appoints and dismisses the members of the Arrived.Art. 12330 .Each Region has a statute which, in harmony with the Constitution, determines its form governance and the fundamental principles of organization and functioning. The statute regulates the exercise of the right of initiative and referendum on laws and administrative measures of the Region and the publication of regional laws and regulations.The statute is approved and modified by the Regional Council with a law approved a absolute majority of its members, with two subsequent resolutions adopted at intervals not less than two months. This law does not require the affixing of a visa by the Government Commissioner. The Government of the Republic can promote the question of legitimacy constitutional on regional statutes before the Constitutional Court within thirty days of them publication.The statute is subject to popular referendum if within three months of its publication one fiftieth of the voters of the Region or one fifth of the members may request it on Regional Council. The statute submitted to referendum is not promulgated if it is not approved by the majority of valid votes.In each Region, the statute governs the Council of local autonomies, as a body of consultation between the Region and local authorities.Art. 124.[Repealed by article 9, paragraph 2, of the constitutional law no. 3]Art. 125.
31[Paragraph repealed by article 9, paragraph 2, of the constitutional law of 18 October 2001, n. 3]In the Region, first and second degree administrative justice bodies are establishedthe order established by the law of the Republic. Sections with offices other than the capital of the Region.Art. 12631 .With a motivated decree of the President of the Republic, the dissolution of the Regional Council and the removal of the President of the Executive who have committed contrary acts to the Constitution or serious violations of the law. Dissolution and removal can also be arranged for national security reasons. The decree is adopted after consultation with a commission of deputies and senators constituted, for regional matters, in the ways established by law of the Republic.The Regional Council can express distrust towards the President of the Executive by reasoned motion, signed by at least one fifth of its members and approved for roll call by absolute majority of the members. The motion cannot be put in discussion within three days of presentation.The approval of the no-confidence motion against the elected President of the Executive Board a universal and direct suffrage, as well as removal, permanent impediment, death or l e voluntary resignation of the same entail the resignation of the Executive and the dissolution of the Advice. In any case, the same effects result from the simultaneous resignation of the majority of the members of the Board.Art. 12732 .When the Government deems that a regional law exceeds the competence of the Region, it can promote the question of constitutional legitimacy before the Constitutional Court by sixty days after its publication.The Region, when it considers that a law or an act having the force of law of the State or of another Region damages its sphere of competence, it can promote the question of legitimacy constitutional before the Constitutional Court within sixty days from the publication of the law or the deed having the force of law.Art. 128.[Repealed by article 9, paragraph 2, of the constitutional law no. 3]Art. 129.[Repealed by article 9, paragraph 2, of the constitutional law no. 3]Art. 130.[Repealed by article 9, paragraph 2, of the constitutional law no. 3]Art. 13133 .
32 The following Regions are constituted:Piedmont;Valle d'Aosta;Lombardy;Trentino Alto Adige;Veneto;Friuli Venezia Giulia;Liguria;Emilia Romagna;Tuscany;Umbria;Marche;
33T ITLE VIG UARANTEES CONSTITUTIONALS ECTION I The Constitutional Court.Art. 13435 .The Constitutional Court judges:on disputes relating to the constitutional legitimacy of laws and acts having the force of law, of the State and of the Regions;on the conflicts of attribution between the powers of the State and those between the State and the Regions, and between the Regions;on the accusations brought against the President of the Republic, in accordance with the Constitution.Art. 13536 .The Constitutional Court is composed of fifteen judges nominated for one third by the President of the Republic, one third by Parliament in joint session and one third by the Supreme ordinary and administrative courts.The judges of the Constitutional Court are chosen from among the magistrates also retired from higher ordinary and administrative jurisdictions, full university professors in subjects lawyers and lawyers after twenty years of operation.The judges of the Constitutional Court are appointed for nine years, running for each of they from the day of the oath, and cannot be reappointed.At the expiry of the term, the constitutional judge ceases from office and from the exercise off unctions.The Court elects from among its members, according to the rules established by law, the President,who remains in office for three years, and can be re-elected, in any case without prejudice to the dead line from the judge's office.The office of Judge of the Court is incompatible with that of Member of Parliament, of a Regional Council, with the exercise of the profession of lawyer and with every position and office indicated by law.In the accusations against the President of the Republic, the judges intervene ordinary members of the Court, sixteen members chosen by lot from a list of citizens who are eligible for eligibility as senator, which Parliament completes every nine years by election with them procedures established for the appointment of ordinary judges.Art. 136 When the Court declares the constitutional illegitimacy of a law or act having force of law, the rule ceases to be effective from the day following the publication of the decision.
34 The decision of the Court is published and communicated to the Chambers and to the Regional Council sinterested parties, so that, where they deem it necessary, they take action in constitutional forms.Art. 137.A constitutional law establishes the conditions, forms, terms of the feasibility of judgments of constitutional legitimacy, and the guarantees of independence of the judges of the Court.By ordinary law the other rules necessary for the constitution and the functioning of the Court.No appeal is allowed against the decisions of the Constitutional Court. SECTION II Revision of the Constitution. Constitutional laws.Art. 138.Laws revising the Constitution and other constitutional laws are adopted by each Chamber with two successive resolutions at an interval of not less than three months, and are approved a absolute majority of the members of each House in the second vote.The laws themselves are subjected to a popular referendum when, within three months of them publication, one fifth of the members of a Chamber or five hundred thousand apply for it voters or five regional councils. The law submitted to a referendum is not promulgated, if it is not approved by the majority of valid votes.There is no referendum if the law was approved in the second vote by each of the Chambers by a majority of two thirds of its members.Art. 139.The republican form cannot be subject to constitutional revision.D PROVISIONS TRANSITIONAL AND FINAL THE With the entry into force of the Constitution, the provisional Head of State exercises the attributions of President of the Republic and assumes the title.
35 II If at the date of the election of the President of the Republic not all the Councils have been constituted regional, only the members of the two Chambers participate in the election. IIIFor the first composition of the Senate of the Republic, senators are appointed by decree of the President of the Republic, the deputies of the Constituent Assembly who possess the requisites of law to be senators and that:they have been presidents of the Council of Ministers or of legislative assemblies;they were part of the dissolved Senate;they had at least three elections, including that of the Constituent Assembly;they were declared forfeited in the session of the Chamber of Deputies on November 9, 1926;they served the sentence of imprisonment of not less than five years following a sentence of special fascist tribunal for the defense of the state.Senators are also appointed, by decree of the President of the Republic, the members of dissolved Senate who were part of the National Council.The right to be appointed senators can be waived before the decree is sign ed appointment. Acceptance of the candidacy in political elections implies a waiver of the right to nominate to senator. IV For the first election of the Senate, Molise is considered as a region in its own right, with the number of senators he is entitled to based on his population.V.The provision of Article 80 of the Constitution, as regards the treaties that import financial charges or amendments to the law, takes effect from the date of convening of the Chambers.YOU Within five years from the entry into force of the Constitution, the revision of thecurrently existing special bodies of jurisdiction, except for the jurisdictions of the Council of State,of the Court of Auditors and military courts.Within one year from the same date, the reorganization of the Supreme Court is provided for by law military in relation to Article 111. VII Until the new law on the judiciary is enacted in accordance with the Constitution, the rules of the current legal system continue to be observed.
36 Until the Constitutional Court comes into operation, the decision of disputesindicated in article 134 takes place in the forms and within the limits of the rules pre-existing at the entry into force of the Constitution.Paragraph repealed by article 7 of the constitutional law no. 2.VIII The elections of the regional councils and of the elected bodies of the provincial administrations they are announced within one year from the entry into force of the Constitution.Laws of the Republic regulate the passage for each branch of the public administration state functions attributed to the Regions. Until reordering is done e the distribution of administrative functions among the local authorities remains with the Provinces and the The functions they currently exercise are common and the others which the Regions delegate to them to exercise.Laws of the Republic regulate the passage to the Regions of officials and employees of the State, including central administrations, which is made necessary by the new system. For the formation of their offices the Regions must, except in cases of necessity, draw their own personnel from that of the State and local authorities. IXThe Republic, within three years of the entry into force of the Constitution, adapts its laws toneeds of local autonomies and the legislative competence attributed to the Regions.XTo the Friuli-Venezia Giulia Region, referred to in Article 116, they are provisionally applied the general rules of Title V of the second part, without prejudice to the protection of minorities linguistic in accordance with Article 6.XI37Up to five years from the entry into force of the Constitution, they can be done with laws constitutional, form other Regions, to modify the list referred to in article 131, also without the concurrence of the conditions required by the first paragraph of article 132, without prejudice to that however, the obligation to hear the populations concerned. XII The re organization, in any form, of the dissolved fascist party is prohibited.Notwithstanding Article 48, they are established by law, for no more than five years from entry into force of the Constitution, temporary limitations to the right to vote and to eligibility for leadersresponsible for the fascist regime.
37 XIII 38 The assets, existing in the national territory, of the former kings of the House of Savoy, their spouses and gods their male descendants, are advocates of the state. The transfers and the establishment of real rights on assets themselves, which occurred after June 2, 1946, are void. XIV Noble titles are not recognized. The predicates of those existing before October 28, 1922 count as part of the name.The Mauritian Order is preserved as a hospital institution and functions in the ways established by the law.The law regulates the suppression of the heraldic council. XV With the entry into force of the Constitution, the legislative decree was converted into law lieutenant 25 June 1944, n. 151, on the provisional system of the State. XVI Within one year from the entry into force of the Constitution, the revision and the coordination with it of previous constitutional laws that have not been so far explicitly or implicitly repealed .XVII The Constituent Assembly will be convened by its President to deliberate, by January 31st 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 convened, when there is a need to deliberate on the matters attributed to its competence by articles 2, first and second paragraphs, and 3, first and second paragraphs, of the legislative decree of 16 March 1946, n. 98.During this period, the permanent Commissions remain in operation. The legislative ones refer toI govern the bills transmitted to them, with any observations and proposals of amendments.Deputies may submit questions to the Government with a request for a written answer.The Constituent Assembly, for the purposes of the second paragraph of this article, is convened by its President at the motivated request of the Government or of at least two hundred deputies .XVIII This Constitution is promulgated by the Provisional Head of State within five days from its approval by the Constituent Assembly, and enters into force on 1 January 1948.
38 The text of the Constitution is deposited in the municipal hall of each municipality of the Repubblica to remain exposed, throughout the year 1948, so that every citizen canbecome aware of it.The Constitution, bearing the seal of the State, will be included in the Official Collection of Laws and the decrees of the Republic.The Constitution must be faithfully observed as the fundamental law of the Republic by all citizens and state bodies.Given in Rome, December 27, 1947.ENRICO DE NICOLA Countersign:The President of the Constituent Assembly UMBERTO TERRACINI The President of the Council of Ministers ALCIDE DE GASPERIV: the FAT Keeper of Seals
39 NOTE* The text includes the additions and changes that took place after 1948.1 (Note to art.10, fourth paragraph) .In accordance with the single article of the constitutional law of 21 June 1967, n. 1, «the last paragraph of article 10 e the last paragraph of article 26 of the Constitution does not apply to crimes of genocide ".2 (Note to art.26, second paragraph) .In accordance with the single article of the constitutional law of 21 June 1967, n. 1, «the last paragraph of article 10 e the last paragraph of article 26 of the Constitution does not apply to crimes of genocide ".3 (Note to art. 27, fourth paragraph) .The words ", except in the cases provided for by the military laws of war" have been deleted with art. 1 of the law Constitutional 2 October 2007, n. 1.4 (Note to art.48, third paragraph) .Paragraph inserted with art. 1 of the constitutional law n. 1.5 (Note to art.51, first paragraph) .The second sentence of this paragraph was added with art. 1 of the constitutional law of 30 May 2003, n. 1.6 (Note to art. 56) .Article thus replaced first with art. 1 of the constitutional law 9 February 1963, n. 2, and the namended, in the second and fourth paragraphs, with art. 1 of the constitutional law of 23 January 2001, n. 1.7 (Note to art.57) .Article thus replaced first with art. 2 of the constitutional law no. 2, and,subsequently modified, in the third paragraph, by the constitutional law of 27 December 1963, n. 3, establishing of the Molise Region, as well as, in the first, second and fourth paragraphs, with art. 2 of the constitutional law 23 January 2001, n. 1.8 (Note to art. 60, first paragraph) .Paragraph thus replaced with art. 3 of the constitutional law no. 2,9 (Note to art. 68) .Article thus replaced with art. 1 of the constitutional law of 29 October 1993, n. 3.10 (Note to art. 79) .Article thus replaced with art. 1 of the constitutional law of 6 March 1992, n. 1.11 (Note to art.81) .Article thus replaced by art. 1 of the constitutional law of 20 April 2012, n. 1. The provisions referred to to the aforementioned constitutional law, pursuant to the provisions of paragraph 1 of art. 6 of the same,starting from the financial year relating to the year 2014.12 (Note to art.81) .The art. 5 of the constitutional law of 20 April 2012, n. 1 provides as follows: "1. The law referred to to article 81, sixth paragraph, of the Constitution , as replaced by article 1 of this law constitutional, discipline, for all public administrations, in particular:a) preliminary and final checks on public finance trends;b) ascertaining the causes of the deviations from forecasts, distinguishing between those due the trend of the economic cycle, the ineffectiveness of interventions and exceptional events;
40c) the maximum limit of the cumulative negative deviations referred to in letter b) of this paragraph corrected for the economic cycle with respect to gross domestic product, beyond which action must be taken with corrective measures;d) the definition of severe economic recessions, financial crises and severe natural disasters which exceptional events, pursuant to article 81, second paragraph, of the Constitution , as replaced from article 1 of this constitutional law, upon the occurrence of which recourse is allowed debt not limited to taking into account the effects of the economic cycle and exceeding the limit maximum referred to in letter c) of this paragraph on the basis of a repayment plan;e) the introduction of spending rules that make it possible to safeguard budget balances and the reduction of the ratio between public debt and gross domestic product in the long term, in line with the public finance objectives;f) the establishment in the Chambers, in compliance with the relative constitutional autonomy, of an organism independent to which to assign tasks of analysis and verification of public finance trends and of assessment of compliance with budgetary rules;g) the methods by which the State, in the adverse phases of the economic cycle or upon the occurrence of exceptional events referred to in letter d) of this paragraph, also by way of derogation from article 119 of the Constitution , contributes to ensuring the financing of the levels by the other levels of government essential of the services and fundamental functions inherent to civil and social rights.2. The law referred to in paragraph 1 also governs:a) the content of the state budget law;b) the faculty of Municipalities, Provinces, Metropolitan Cities, Regions and Provinces autonomous of Trento and Bolzano to resort to debt, pursuant to article 119, sixth paragraph,second sentence, of the Constitution , as amended by article 4 of this constitutional law;c) the modalities through which the Municipalities, Provinces, Metropolitan Cities, Regions and Provinces autonomous companies of Trento and Bolzano contribute to the sustainability of the debt of the public sector as a whole administrations.3. The law referred to in paragraphs 1 and 2 is approved by February 28, 2013.4. The Chambers, in accordance with the procedures established by their respective regulations, exercise the function of control on public finance with particular reference to the balance between income and expenses as well as quality e the effectiveness of public administration spending ".13 (Note to art.88, second paragraph) .Paragraph thus replaced with art. 1 of the Constitutional Law of 4 November 1991, n. 1.14 (Note to art. 96) .Article thus replaced with art. 1 of the constitutional law no. 1.15 (Note to article 97, first paragraph) .Paragraph thus premised by art. 2 of the constitutional law of 20 April 2012, n. 1. The provisions referred to to the aforementioned constitutional law, pursuant to the provisions of paragraph 1 of art. 6 of the same,starting from the financial year relating to the year 2014. See also art. 5 of the aforementioned law constitutional.16 (Note to art. 111) .The first five paragraphs were introduced with art. 1 of the constitutional law of 23 November 1999, n.2.17 (Note to Title V) .This title was modified by the Constitutional Law 18 October 2001, n. 3. In the final provisions(articles 10 and 11), law no. 3 established:"Art. 10. - 1. Up to the adaptation of the respective statutes, the provisions of this law constitutional also apply to the Regions with special statute and to the autonomous provinces of Trento and of Bolzano for the parts in which they provide for wider forms of autonomy than those already attributed "."Art. 11. - 1. Up to the revision of the provisions of Title I of the second part of the Constitution, iregulations of the Chamber of Deputies and the Senate of the Republic may provide for the participation of representatives of the regions, autonomous provinces and local authorities to the parliamentary commission for regional issues.
412. When a bill concerning the matters referred to in the third paragraph of article 117 e Article 119 of the Constitution contains provisions on which the Parliamentary Commission for the regional issues, integrated pursuant to paragraph 1, has expressed a negative opinion or a favorable opinion conditional on the introduction of specifically formulated changes, and the Commission that carried out the examination in the referent session was not adequate, on the corresponding parts of the draft law the Shareholders' Meeting resolves by an absolute majority of its members ".18 (Note to art. 114) .Article thus replaced with art. 1 of the Constitutional Law 18 October 2001, n. 3.19 (Note to art. 116) .Article thus replaced with art. 2 of the Constitutional Law of 18 October 2001, n. 3.20 (Note to art. 117) .Article thus replaced with art. 3 of the Constitutional Law 18 October 2001, n. 3.21 (Note to article 117, second paragraph, letter e) .Letter thus amended by letter a) of paragraph 1 of art. 3 of the constitutional law of 20 April 2012,n. 1. The provisions of the aforementioned constitutional law apply, pursuant to the provisions of paragraph 1 of art. 6 of the same, starting from the financial year relating to the year 2014. See also art.5 of the aforementioned constitutional law.22 (Note to art. 117, third paragraph, first sentence).Period thus amended by letter b) of paragraph 1 of art. 3 of the constitutional law of 20 April 2012, n. 1. The provisions of the aforementioned constitutional law apply, pursuant to the provisions of paragraph 1 of art. 6 of the same, starting from the financial year relating to the year 2014. See also art.5 of the aforementioned constitutional law.23 (Note to art. 118) .Article thus replaced with art. 4 of the Constitutional Law of 18 October 2001, n. 3.24 (Note to art. 119) .Article thus replaced with art. 5 of the constitutional law of 18 October 2001, n. 3.25 (Note to art.119, first paragraph) .Paragraph thus amended by letter a) of paragraph 1 of art. 4 of the constitutional law of 20 April 2012, n. 1. The provisions of the aforementioned constitutional law apply, pursuant to the provisions of paragraph 1 of art. 6 of the same, starting from the financial year relating to the year 2014. See also art.5 of the aforementioned constitutional law.26 (Note to article 119, last paragraph) .Paragraph thus amended by letter b) of paragraph 1 of art. 4 of the constitutional law of 20 April 2012, n. 1. The provisions of the aforementioned constitutional law apply, pursuant to the provisions ofparagraph 1 of art. 6 of the same, starting from the financial year relating to the year 2014. See also art.5 of the aforementioned constitutional law.27 (Note to art.120) .Article thus replaced with art. 6 of the Constitutional Law 18 October 2001, n. 3.28 (Note to art.121) .Article thus amended, in the second and fourth paragraphs, with art. 1 of the constitutional law 22 November 1999, n. 1.29 ( Note to art.122) .Article thus replaced with art. 2 of the constitutional law of 22 November 1999, n. 1.With the "transitional provisions", the same constitutional law also established:
42"Art. 5. - 1. Until the date of entry into force of the new regional statutes and the new electoral laws a i pursuant to the first paragraph of article 122 of the Constitution, as replaced by article 2 of the present constitutional law, the election of the President of the Regional Council is contextual to the renewal of the respective ones Regional Councils and is carried out in the manner provided for by the provisions of ordinary law in force in matter of election of the regional councils. The leading candidates are candidates for the presidency of the regional council regional lists. The candidate who obtained the higher number of valid votes in the regional context. The President of the Regional Council is a member of the Council regional. The candidate for the office of President of the regional council is elected to the office of council or has obtained a number of valid votes immediately lower than that of the candidate proclaimed elected President. For this purpose, the Regional Central Office reserves the last of the seats possibly due to the lists circumscriptions connected with the head of the regional list proclaimed to the office of council or,in the hypothesis provided for in number 3) of the thirteenth paragraph of article 15 of law no.108, introduced by paragraph 2 of article 3 of law no. 43; or, otherwise, the seat attributed with the remainder or with the lowest electoral figure, among those on the same lists, in the single college regional for the distribution of residual district seats. If all the seats due to the lists associates have been assigned with whole quotient in the district, the regional central office proceeds to the allocation of an additional seat, which must be taken into account for the determination of the consequent percentage share of seats due to the majority lists in the Regional Council.2. Up to the date of entry into force of the new regional statutes, the following provisions are observed:a) within ten days of the proclamation, the President of the Regional Council appoints the members of the Giunta, including a Vice-President, and can subsequently revoke them;b) in the event that the Regional Council approves by an absolute majority a motivated motion of distrust of the President of the Regional Council, presented by at least one fifth of its members components and questioned no earlier than three days from the presentation, within three months we proceed to call for new elections for the Council and the President of the Executive. We proceed likewise to new one selections of the Council and the President of the Executive in case of voluntary resignation, impediment permanent or death of the President ".30 (Note to art. 123) .Article thus replaced, in the first three paragraphs, with art. 3 of the constitutional law of 22 November 1999,n. 1, and integrated with the last paragraph with art. 7 of the Constitutional Law of 18 October 2001, n. 3.31 (Note to art. 126) .Article thus replaced with art. 4 of the constitutional law of 22 November 1999, n. 1.32 (Note to art. 127) .Article thus replaced with art. 8 of the constitutional law of 18 October 2001, n. 3.33 (Note to art. 131) .Article thus amended with art. 1 of the constitutional law no. 3.34 (Note to article 132, second paragraph) .Paragraph thus amended with art. 9, paragraph 1, of the constitutional law of 18 October 2001, n. 3.35 (Note to art. 134) .The last paragraph was thus amended with art. 2, paragraph 1, of the constitutional law of 16 January 1989, n. 1.36 ( Note to art.135) .Article thus replaced with art. 1 of the constitutional law of 22 November 1967, n. 2, and subsequently amended, in the last paragraph, with art. 2, paragraph 2, of the constitutional law 16 January 1989, n. 1.37 (Note to the XI transitory and final provision) .The term, provided for in this article, was extended to 31 December 1963, with the single article of the constitutional law of 18 March 1958, n. 1.
4338 (Note to the XIII transitory and final provision) .Pursuant to the constitutional law of 23 October 2002, n. 1, "the first and second paragraphs of XIII transitory and final provision of the Constitution exhaust their effects from the date of entry in force of this constitutional law " .
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