Italian Constitution

The Italian Constitution current was promulgated the December 27th 1947 and is coming into effect on January 1st 1948. It is known as Anger Republic , because it makes following the referendum of the June 2nd 1946, during which the Italians decided between the Kingdom and the Republic and elected the constituent Assembly which wrote it and voted.

Birth and origins of the Constitution

The modern Italian State appears, from an institutional point of view, for the first time with the law of the March 17th 1861 which allots to its sovereign the title of king d' Italie (before king de Sardaigne). It is the legal birth of an Italian State (even if other States already bore this name in the past, in particular for the period Napoleon ienne). Continuity between the Kingdom of Sardinia and that of Italy east ensured by the extension, progressively of the annexations, the statute conceded by Charles-Albert of Savoy in 1848, called Statute albertin . This statute resembles the other revolutionary constitutions of 1848 and mixes monarchical principle and representative principle. The Statute albertin appears of a great flexibility, by its capacity to be adapted to the political context: the vote of censitaire in 1870 becomes little by little universal (1913); in spite of Article 1st which proclaims the Catholicisme only religion of the State, the relations are broken with the the Holy See of 1870 with 1929. But the brutal arrival of the Fascisme breaks this flexible evolution. The mode of member of Parliament quickly becomes authoritative even totalitarian (1925). The Rule of law is subverted and doubled by a centralized police capacity, that of the fascistic Parti. Any opposition is prohibited and the neutrality of the Church is obtained at the price of the Accords of Lateran which restore the religion of State. But following the engagement of Italy in the Second world war, Benito Mussolini is put in minority at the Great fascistic Council the July 24th 1943. The king Victor-Emmanuel III of Italy transfers his capacities to the crown prince the June 5th 1944, while the marshal Pietro Badoglio leaves the place to a government of parties antifascists under the presidency of Ivanoe Bonomi. With the fall of the fascistic mode, the various parties antifascists with the capacity, under the supervision of the Alliés, decide to change the institutions radically, with the surprising assistance of the Italian Communist party and in particular of its chief Palmiro Togliatti, known for its moderation, which allows a peaceful transition towards the new democratic regime.

As of April 1945, a Consultative Assembly of 222 members, resulting from the rows of the Résistance is organized to make the first fundamental choices: choice of the representation Proportional for the election of the members of the constituent Assembly, organization of a Referendum on the nature of the mode (republican or monarchical), extension of the right to vote to the women, constitution of the electoral rolls.

In June 1945, the government of Ferruccio Parri, directing Started from action, replaces that of Bonomi considered to be too related to monarchy. Criticized by the liberals (monarchists for the majority) and released by the Communists, it yields the place to Alcide De Gasperi in December 1945. The June 2nd 1946 is held at the same time the referendum and the election of the Constituent one. 54% of the Italians choose the Republic. The Constituent one is dominated by the great parties of mass (cd. 35,2%; PSI 20,7%; NCV 19,7%) whereas the Liberals and the Party of action are not dominating. This majority will work out and vote the Constitution which will be the fruit of a compromise between the left (PSI-PCI) and catholics (cd.) on the basic principles even if the liberals will exert a decisive influence on the institutional mechanisms and in particular the separation of the capacities. Work should have been finished the February 24th 1947 but the Constituent one separates only the December 31st 1947, after having adopted the Constitution the December 22nd by 453 votes against 62. It comes into effect with the New Year's Day 1948.

Appreciations on its operation

It is especially of inspiration Démocrate Christian but also Laïque (republicans, Socialists and even Communists having taken part in its drafting). Moreover, in its article 1st, the Republic is known as founded on work , which does of them one of the rare constitutions in the world to be Labor .

On the other hand, were isolated the provisions likely to support the réémergence of the Fascisme and any system of the authoritative type. It is consequently, a parliamentary Régime bicameral and equal, where the executive is, by nature, fragile and unstable. The legal authority is reinforced by the existence of a Superior council of the magistrature.

After celebratebeing often celebrated by many authors and specialists in the constitutional Law, and this, in spite of the political instability which it often represented, defended by the political economist Giovanni Sartori, its fragile balance was deeply touched by the modification of the Electoral system, which have taken place in 1993 after a popular Référendum, with the coming into effect of the Mattarellum , a mixed Way of voting (75% majority and 25% with the Proportionnelle), but especially by the business known as of the Mani pulite (clean Hands) which involved an in-depth recombining of landscape of the Italian political parties, the disappearance of the Christian Democrat and, for other reasons, Italian Communist party, emergence in their place of Forza Italia and Olivier and other parties new or renovated.

Reform project constitutional major fallen through

Italian Parliament after having approved (the November 16th 2005) a new constitutional law which modifies in-depth the provisions of current Constitution and would have involved, if it had not been rejected by a referendum the 25 and June 26th 2006, birth of a Federal republic with an executive definitely more extremely. Among the political tendencies of the bill constitutional, fallen through, one can quote following, the nonexhaustive ones (about fifty articles being modified by this bill):

Transformation of the current Senate into a '' federal Sénat of the Republic '' (Senato federal della Repubblica) as a room representing the interests of the territory and the local communities. The senators will be elected at the same time as the District councils. In the federal Senate, will also take part of the elected officials of the District councils and local autonomies;
a reduced number of members of Parliament (500 deputies + 18 deputies from abroad; 252 federal senators);
Institutes a system monocaméral for the vote of the laws: according to the matters in question, it is either the federal Senate, or the Room which will vote the law, without it being necessary a parliamentary shuttle;
Gives a role specific to the opposition (to the Room) and the minorities (with the federal Senate);
Reinforces exclusive competences of the Areas, as regards education, of health, safety
Reconduit also in the State of exclusive competences, which were concurrent competences with the Areas;
Transforms the President of the Council of Ministers into a Prime Minister with the reinforced capacities, indicated directly by the voters;
Modifies the composition of the Constitutional court

The new majority left the ballot boxes in April 2006 (the Union) invited to vote " non" at the time of the referendum of confirmation where no quorum will be then necessary (even if more than 53% of the voters). This referendum took place June 2006.

Basic principles

Fruit of a compromise, this compromise between the Marxist left and Christian-Democrat, relates initially to the philosophy of the institutions. The Constitution stresses the social economic rights and on their effective guarantee. It is also inspired by a design antiautoritaire of the State with a distrust marked for an executive power extremely and a confidence in the operation of the parliamentary system. It also allows, thanks to the moderation of the Marxists, to ratify the agreements of Lateran and to make it possible to grant a regional autonomy, all the more marked since local particularism is strong (in the islands and the areas with strong linguistic minorities). But this Constitution was incomplete: fault of time, of the authorities envisaged were returned to later constitutional laws. The Constitutional court will be born only in 1955 (election of the judges on the basis of law of 1953); the Superior council of the magistrature (law of 1958); ordinary areas in 1970 (whereas four areas with special statute are created as of 1948 and the Friuli-Venezia Giulia in 1963); the abrogative referendum (law of May 15th, 1970).

The Italian Constitution is thus coming into effect gradually (because of the character programming science of certain provisions but also because of the delays of the legislator). This progressiveness and these delays were not without effects on effective and regular operation of the mode.

Text (beginning)

Beginning of the French text of the Constitution, to have a first approach of the basic principles (semi-official translation).

Basic principles

Art.1: Italy is a Democratic republic, based on work. Sovereignty belongs to the people which exert it in the forms and the limits of the Constitution.

Art.2: the Republic recognizes and guarantees the inviolable rights of the man, either as an individual, or in the social organizations where her personality proceeds, and requires the realization of the duties impossible to circumvent of political, economic and social solidarity.

Art.3: All the citizens have an identical social dignity and are equal in front of the law, without reference of sex, race, language, religion, political opinions, personal and social conditions.

It is a duty of the Republic to remove the obstacles of economic order and social which, by limiting de facto the freedom and the equality of the citizens, prevent of it the full blooming of the person human and the effective participation of all the workers with the political organization, economic and social of the Country.

Art.4: the Republic recognizes with all the citizens the right to work and promotes the conditions which make effective this right. Each citizen has the right to exert, according to his own possibilities and his own choice, an activity or a function which contributes to the material or spiritual progress of the company.

Art.5: the indivisible Republic, one and, recognizes and promotes local autonomies; it develops in the services which depend on the State fullest administrative devolution; adapt the principles and the methods of its legislation to the requirements of autonomy and decentralization.

Art.6: the Republic protects with standards adapt the linguistic minorities.

Art.7: the State and the Catholic church are, each one in its own order, indépendents and sovereigns.

Their reports/ratios are regulated by the Accords of Lateran. The modifications of the Agreements, accepted by the two parts, do not require to proceed to the constitutional revision.

Art.8: All the religious confessions are also free in front of the law.

The religious confessions other than the catholic have the right to be organized according to its own statutes, so that do not contrast with the Italian legal rules.

Their relationship with the State is rules by law according to the agreements with their various representatives.

Art.9: the Republic promotes the development of the culture and the scientific research and technique.

It protects the sites and safeguards the patrimoin historical E artistic of the Nation.

Art.10: the Italian legal rules adapt to the standards of the international law generally recognized.

The legal condition from abroad is determined by the law in conformity of the standards and the international treaties.

The foreigner to which is prevented in his country manpower exercise of the democratic liberties guaranteed by the Italian Constitution, has the Right of asylum in the territory of the Republic, according to condition established by the law.

The extradition from abroad for political crimes is not allowed.

Art.11: Italy repudiates the war like instrument of offense to the freedom of the other people and like means of resolution of the international controversies; agrees, in condition of parity with the other States, with the limitations of souverainity necessary for rules which ensure peace and justice between the Nations; promotes and supports the international organisationes tending towards this goal.

Art.12: the flag of the Republic is tricolor Italian: green, white and red, in three vertical bands of equal dimensions.

Constitutional revisions

The text originating in the Constitution underwent some revisions, adopted according to the procedure envisaged by Article 138 of the aforesaid the Constitution.

The laws of revision are the following ones:

constitutional Law n° 2 of February 9th, 1963, modifying articles 56,57, and 60 of the Constitution;
constitutional Law n° 3 of December 27th, 1963, modifying articles 131 and 57 of the Constitution and instituting the area Weakens;
constitutional Law n° 2 of November 22nd, 1967, modifying article 135 of the Constitution and the provisions on the Constitutional court;
constitutional Law n° 1 of January 16th, 1989, modifying articles 96,134 and 135 of the Constitution, as well as the provisions of the constitutional law n° 1 of March 11th, 1953 and the standards as regards procedure for the crimes aimed to article 96 of the Constitution;
constitutional Law n° 1 of November 4th, 1991, modifying article 88, second subparagraph, of the Constitution;
constitutional Law n° 1 of March 6th, 1992, revising article 79 of the Constitution relating to the application of the amnesty and the handing-over of sorrows;
constitutional Law n° 3 of October 29th, 1993, modifying article 68 of the Constitution;
constitutional Law n° 1 of November 22nd, 1999, Provisions concerning the direct election of the presidents of the regional juntas and the statutory autonomy of the areas;
constitutional Law n° 2 of November 23rd, 1999, registering the principle of fair trial in article 111 of the Constitution;
constitutional Law n° 1 of January 17th, 2000, modifying article 48 of the Constitution with regard to the institution of a district “Foreigner” for the exercise of the right to vote of the Italian citizens residing abroad;
constitutional Law n° 1 of January 23rd, 2001, modifying articles 56 and 57 of the Constitution, with regard to the number of the deputies and the senators representing the Italians from abroad.
constitutional Law n° 3 of October 18th, 2001, modifying the title V of the second part of the Constitution;
constitutional Loi n° 1 of October 23rd, 2002, laying out that subparagraphs 1 and 2 of article XIII of the transitional provisions and final cease having effect;
constitutional Law n° 1 of May 30th, 2003, modifying article 51 of the Constitution.

With regard to the other laws constitutional, a first unit relates to the approval or the modification of the statutes of the Autonomous regions (staut special), of which some were approved in February 1948 by the Constituent one. They are the following laws:

constitutional Law n° 2 of February 26th, 1948, Conversion into constitutional law of the statute of the area of Sicily;
constitutional Law n° 3 of February 26th, 1948, special Statute for Sardinia;
constitutional Law n° 4 of February 26th, 1948, special Statute for the Valley of Aoste;
constitutional Law n° 5 of February 26th, 1948, special Statute for Trentin-Haut-Adige;
constitutional Law n° 1 of January 31st, 1963, special Statute of the Friuli-Venezia-Julienne area;
constitutional Law n° 1 of November 10th, 1971, Modifications and additions with the special statute of the Friuli-Venezia-Julienne area;
constitutional Law n° 1 of February 23rd, 1972, modifies the provisions concerning the duration of the mandate of the regional assembly of Sicily and the district councils of Sardinia, of the Valley of Aoste, Trentin-Haut-Adige, the Friuli-Venezia-Julienne;
constitutional Law n° 1 of May 9th, 1986, modifies article 16 of the special statute of Sardinia, approved by the constitutional law n° 3 of February 26th, 1948, concerning the fixing of the number of the regional advisers;
constitutional Law n° 3 of April 12th, 1989, modifications and additions with the constitutional law n° 1 of February 23rd, 1972 concerning the term of the office of the regional assembly of Sicily and the district councils of Sardinia, the Valley of Aoste, Trentin-Haut-Adige, the Friuli-Venezia-Julienne. Modifications with the special statute of the Valley of Aoste;
constitutional Law n° 2 of September 23rd, 1993, modifications and additions with the special statutes of the Valley of Aoste, of Sardinia, of the Friuli-Venezia-Julienne and Trentin-Haut-Adige;
constitutional Law n° 2 of January 31st, 2001, Provisions concerning the direct election of the presidents of the areas with special statute and the autonomous provinces of Thirty and Bolzano.

A last unit relates to the laws which introduce standards of constitutional nature, sometimes in exemption from those envisaged by the constitution. Among those, can be included even the law constit. of November 22nd, 1967 (n° 2) and the law constit. of January 16th, 1989 (n° 1) already quoted). But they are also the following laws:

constitutional Law n° 1 of February 9th, 1948, Rules relating to the control of constitutionality and the guarantee of independence of the Constitutional court;
constitutional Law n° 1 of March 11th, 1953, Rules supplementing the Constitution relating to the Constitutional court;
constitutional Law n° 1 of March 18th, 1958, Carryforward of the time registered in article XI of the transitional provisions and final of the Constitution;
constitutional Law n° 1 of March 9th, 1961, granting three senators to the communes of Trieste, Duino Aurisina, Monrupino, Muggia, San Dorligo della Valle and Sgonico;
constitutional Law n° 1 of June 21st, 1967, Extradition for the crime of genocide;
constitutional Law n° 2 of April 3rd, 1989, Project of referendum of orientation to confer a mandate constituting on the European Parliament which will be elected in 1989;
constitutional Law n° 1 of August 6th, 1993, Functions of the parliamentary commission for the institutional reforms and rules of the procedure of constitutional revision;
constitutional Law n° 1 of January 24th, 1997, institution of a parliamentary commission for the constitutional reform;
constitutional Law n°1 of October 23rd, 2002 authorizing the former kings and their male descendants to return to Italy.

French text of the Constitution

Italian text

Costituzione della Repubblica Italiana (text currently in force)

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