{ Adopted: 22 Dec 1947 / Effective 1 Jan 1948 / Status: 1993 }
Article 1 [Form of State]
(1) Italy is a democratic Republic founded on labor.
(2) Sovereignty belongs to the people who exercise it in the
manner and within the limits laid down by this Constitution.
Article 2 [Human Rights]
The Republic recognizes and guarantees the inviolable rights of
man, both as an individual and as a member of the social
groups in which his personality finds expression, and it imposes
the performance of unalterable political, economic, and social
duties.
Article 3 [Freedom, Equality]
(1) All citizens are invested with equal social status and are
equal before the law
(2) It is the responsibility of the Republic to remove all
economic and social obstacles which, by limiting the freedom
Article 4 [Work]
(1) The Republic recognizes the right of all citizens to work and
promotes such conditions as will make this right effective.
(2) Every citizen shall undertake, according to his possibilities
and his own choice, an activity or a function contributing to the
material and moral progress of society.
Article 5 [Local Autonomy]
The Republic, which is one and indivisible, recognizes and
promotes local autonomy; it applies the fullest measure of
administrative decentralization in services dependent on the
State and adjusts the principles and methods of its legislation to
the requirements of autonomy and decentralization.
Article 6 [Minorities]
The Republic safeguards linguistic minorities by means of
special provisions.
Article 7 [State and Church]
(1) The State and the Catholic Church are, each within its own
ambit, independent and sovereign.
(2) Their relations are regulated by the Lateran Pacts. Such
amendments to these Pacts as are accepted by both parties do
not require any procedure of Constitutional revision.
Article 8 [Religion]
(1) All religious denominations are equally free before the law.
(2) Religious denominations other than Catholic are entitled to
organize themselves according to their own creed provided that
they are not in conflict with Italian juridical organization.
(3) Their relations with the State are regulated by law on the
basis of agreements with their respective representatives.
Article 9 [Research and Culture]
(1) The Republic promotes the development of scholarship and
scientific and technical research.
(2) It safeguards the natural beauties and the historical and
artistic wealth of Italy.
Article 10 [International Law]
(1) Italy's legal system conforms with the generally recognized
principles of international law.
(2) The legal status of foreigners is regulated by law in
conformity with international rules and treaties. .
(3) A foreigner to whom the practical exercise in his own
country of democratic freedoms, guaranteed by the Italian
Constitution, is precluded, is entitled to the right of asylum
within the territory of the Republic, under conditions laid down
by law.
(4) The extradition of a foreigner for political offenses is not
admitted.
Article 11 [Condemnation of War]
Italy condemns war as an instrument of aggression against the
liberties of other peoples and as a means for settling
international controversies; it agrees, on conditions of equality
with other states, to such limitation of sovereignty as may be
necessary for a system calculated to ensure peace and justice
between Nations; it promotes and encourages international
organizations having such ends in view.
Article 12 [Flag]
The flag of the Republic is the Italian Tricolor: green, white,
and red, in three vertical bands of equal dimensions.
Article 13 [Personal Freedom]
(1) Personal liberty is inviolable.
(2) No form of personal detention, inspection, or search is
permitted, nor other restrictions on personal liberty save by
order of the judicial authority for which the motive must be
stated, and then only in such cases and manner as the law
provides.
(3) In exceptional cases of necessity and urgency, strictly
defined by law, the police authorities may carry out provisional
measures, which must be communicated within 48 hours to the
judicial authorities and which, if the latter do not ratify them
within the next 48 hours, are thereby revoked and declared null
and void.
(4) All acts of physical and moral violence on persons subjected
to limitations of freedom are punished.
(5) The law lays down the maximum period of preventive
detention.
Article 14 [Home]
(1) Personal domicile is inviolable.
(2) Inspection, search, and distraint may not be carried out save
in cases and in the manner laid down by law in conformity with
guarantees prescribed for safeguarding personal freedom.
(3) Special laws regulate verifications and inspections for
reasons of public health and safety, or for economic and fiscal
purposes.
Article 15 [Correspondence]
(1) The liberty and secrecy of correspondence and of every
form of communication are inviolable.
(2) Limitations upon them may only be enforced by decision,
for which motives must be given, of the judicial authorities with
the guarantees laid down by law.
Article 16 [Right to Move]
(1) Every citizen has the right to reside and travel freely in any
part of the metropolitan territory, save for such limitations as
the laws may prescribe in a general way for reasons of health
or security. No restrictions may be prescribed for political
reasons.
(2) Every citizens is free to leave the territory of the Republic
and re-enter it, save for such obligations as are laid down by
law.
Article 17 [Assembly]
(1) Citizens are entitled to hold meetings peaceably and
unarmed.
(2) No previous notice is required for meetings in places to
which the public has access.
(3) For meetings in public thoroughfares previous notice must
be communicated to the authorities, who may forbid them only
for well established reasons of security or public safety.
Article 18 [Association]
(1) Citizens are entitled to form associations without
authorization for reasons not forbidden to individuals by
criminal law.
(2) Secret associations and those which pursue political aims,
even indirectly, by means of organizations of a military
character, are forbidden.
Article 19 [Freedom of Religion]
All are entitled to freely profess their religious convictions
Article 20 [Religious Institutions]
The religious character and the religious or confessional aims of
an association or institution shall not involve special legal
limitations or special fiscal burdens for its constitution, legal
status, or any of its activities.
Article 21 [Communication]
(1) All are entitled freely to express
(2) The press may not be subjected to any authority or
censorship.
(3) Distraint is allowed only by order of the judicial authorities,
for which motives must be given, in the case of offenses
definitely laid down by the press law, or in the case of violation
of the provisions which the said law prescribes for identifying
responsible parties.
(4) In such cases, under conditions of absolute urgency and
when the immediate intervention of the judicial authorities is not
possible, distraint may be applied to the periodical press by
officers of the judicial police, who shall communicate the matter
to the judicial authorities within 24 hours. If the said judicial
authorities do not ratify the measure within the next 24 hours,
the distraint is withdrawn and is null and void.
(5) The law may prescribe, by means of provisions of a general
nature, that the financial sources of periodical publication be
made known.
(6) Printed publications, performances, and all other
manifestations contrary to morality are forbidden.
(7) The law lays down proper provisions for preventing and
repressing all violations.
Article 22 [Citizenship, Name]
No one may be deprived of his legal status, his citizenship, or
his name for political reasons.
Article 23 [Forced Labor]
No personal service or payment may be forced on anyone, save
according to law.
Article 24 [Recourse to Courts]
(1) All are entitled to institute legal proceedings for the
protection of their own rights and legitimate interests.
(2) Defence is an inalienable right at every stage of legal
proceedings.
(3) The indigent are entitled, through special provisions, to
proper means for action or defence at all levels of jurisdiction.
(4) The law lays down the conditions and methods for obtaining
reparation for judicial errors.
Article 25 [Rule of Law]
(1) No one may avoid proceedings resulting from offenses
against legislation in force.
(2) No one may be punished save on the basis of a law which
has come into force before the offence has been committed.
(3) No on may be subjected to security measures save in such
cases as are laid down by law.
Article 26 [Extradition]
(1) The extradition of a citizen is permitted only in cases
expressly provided for in international conventions.
(2) Extradition shall never be permitted for political offenses.
Article 27 [Rights of the Accused]
(1) Criminal responsibility is personal.
(2) The person accused is not considered guilty until final
sentence has been passed upon him.
(3) Punishment must not consist of measures contrary to
humane precepts and shall aim at reforming the person upon
whom sentence is passed.
(4) The death penalty is not admitted save in cases specified by
military laws in time of war.
Article 28 [Responsibility of Officials]
Officials and employees of the State and of public bodies are
directly responsible, according to the criminal, civil, and
administrative laws, for acts committed in violation of rights.
In such cases, civil responsibility extends to the State and to
public bodies.
Article 29 [Marriage]
(1) The State recognizes the family as a natural association
founded on
marriage.
(2) Marriage is based on the moral and legal equality of
husband and wife, within the limits laid down by the laws for
ensuring family unity.
Article 30 [Education]
(1) It is the duty and right of parents to support, instruct and
educate their children, even those born out of wedlock.
(2) The law states the way in which these duties shall be
fulfilled should the parents prove incapable.
(3) The law ensures full legal and social protection for children
born out of wedlock consistent with the rights of the members
of the legitimate family.
(4) The law lays down rules and limitations for ascertaining
paternity.
Article 31 [Family]
(1) The Republic facilitates, by means of economic and other
provisions, the formation of the family and the fulfillment of the
tasks connected therewith, with particular consideration for
large families.
(2) It safeguards maternity, infancy, and youth, promoting and
encouraging institutions necessary for such purposes.
Article 32 [Health]
(1) The Republic provides health safeguards as a basic right of
the individual and in the interests of the community, and grants
medical assistance to the indigent free of charge.
(2) No one may be forced to undergo any particular medical
treatment, save under the provisions of the law. In no case
shall the law violate the limits imposed by proper respect for
the human person.
Article 33 [Teaching, Examination]
(1) The freedom of art and science and freedom of instruction
in them is affirmed.
(2) The Republic lays down general rules for education and
establishes public schools of all kinds and grades.
Organizations and private citizens are entitled to found schools
and educational institutions which do not involve charges on the
State.
(3) The law, in laying down the rights and obligations of
private schools which apply for official recognition, must
ensure for them full liberty and for their pupils conditions
equivalent to those of the public schools.
(4) State examinations are prescribed for admission to the
various types and grades of schools, or on the conclusion of
educational courses, and for securing diplomas and certificates
entitling candidates to exercise a profession or trade.
(5) Institutions of higher learning, universities, and academies
have the right to draft their own regulations within the limits
laid down by State legislation.
Article 34 [Education]
(1) Education is available to everyone.
(2) Elementary education, imparted for at least eight years, is
compulsory and free.
(3) Capable and deserving pupils, even if without financial
resources, are entitled to attain the highest grades of learning.
(4) The Republic gives effect to this privilege by means of
scholarships, of contributions to the families of the pupils, and
other provisions, to be obtained by competitive examination.
Article 35 [Work]
(1) The Republic safeguards labor in all its forms and methods
of execution.
(2) It provides for the professional or vocational training and
advancement of workers.
(3) It promotes and encourages international agreements, and
organizations calculated to confirm and regulate the rights of
labor.
(4) It admits freedom to emigrate, save for such limitations as
are prescribed by law in the general interests, and for the
protection of Italian labor abroad.
Article 36 [Wages]
(1) An employed person is entitled to wages in proportion to the
quantity and quality of his work, and in any case sufficient to
provide him and his family with a free and dignified existence.
(2) The maximum number of hours of work per day is fixed by
law.
(3) An employed person is entitled to a weekly day of rest and
to annual holidays with pay; he cannot relinquish this right.
Article 37 [Equality in Work]
(1) Female labor enjoys equal rights and the same wages for the
same work as male labor. Conditions of work must make it
possible for them to fulfill their essential family duties and
provide for the adequate protection of mothers and children.
(2) The law prescribes the minimum age for paid labor.
(3) The Republic prescribes special measures for safeguarding
juvenile labor and guarantees equal pay for equal work.
Article 38 [Welfare]
(1) Every private citizen unable to work and unprovided with
the resources necessary for existence is entitled to private and
social assistance.
(2) Workers are entitled to adequate insurance for their
requirements in case of accident, illness, disability, old age, and
involuntary unemployment.
(3) The disabled and persons incapable of employment are
entitled to education and vocational training.
(4) The responsibilities laid down in this Article are entrusted to
organs and institutions provided or assisted by the State.
(5) The freedom of private assistance is affirmed.
Article 39 [Unions]
(1) Freedom in the organization of trade unions is affirmed.
(2) No compulsion may be imposed on trade unions except that
of registering at local or central offices according to the
provisions of the law.
(3) A condition of registration is that the statutes of the unions
sanction an internal organization on a democratic basis.
(4) Registered trade unions have a legal status. They may,
being represented in proportion to the number of their
registered members, negotiate collective labor agreements
having compulsory value for all persons belonging to the
categories to which the said agreements refer.
Article 40 [Strike]
The right to strike is exercised within the sphere of the laws
concerning the subject.
Article 41 [Business]
(1) Private economic enterprise is open to all.
(2) It cannot, however, be applied in such a manner as to be in
conflict with social utility or when it is prejudicial to security,
freedom, and human dignity
(3) The law prescribes such planning and controls as may be
advisable for directing and coordinating public and private
economic activities towards social objectives.
Article 42 [Property]
(1) Ownership is public or private
(2) Private ownership is recognized and guaranteed by laws
which prescribe the manner in which it may be acquired and
enjoyed and its limitations, with the object of ensuring its social
function and of rendering it accessible to all.
(3) Private property, in such cases as are prescribed by law and
with provisions for compensation, may be expropriated in the
general interest.
(4) The law lays down the rules and limitations of legitimate
and testamentary inheritance and the rights of the State in
relation to same.
Article 43 [Expropriation]
For purposes of general utility the law may reserve in the first
instance or transfer, by means of expropriation and payment of
compensation, to the State, to public bodies, or to labor or
consumer communities, certain undertakings or categories of
undertakings operating essential public services, sources of
power, or exercising monopolies and invested primarily with a
character of general interest.
Article 44 [Land]
(1) With the object of securing a rational utilization of the soil
and of establishing equitable and rational social relations, the
law imposes obligations on, and limitations to, private landed
ownership, fixes limits to its extent which vary in the different
parts of the country and according to diverse agricultural areas,
encourages and imposes land reclamation, the transformation of
large estates, and the institution of productive units, and assists
small and medium sized holdings.
(2) The law prescribes measures in favor of mountainous areas.
Article 45 [Cooperation]
(1) The Republic recognizes the social function of cooperation
on a basis of reciprocity and devoid of any private speculative
aim. The law promotes and encourages such cooperation with
suitable provisions and through proper controls ensures its
character and objectives.
(2) The law guarantees and provides for the development of
artisan trades.
Article 46 [Participation]
With a view to the economic and social progress of labor and in
conformity with the requirements of production, the Republic
recognizes the rights of workers to participate in management in
the manner and within the limits prescribed by law.
Article 47 [Savings, Credits]
(1) The Republic encourages and safeguards savings in all its
aspects and supervises, coordinates and controls the issuing of
credit.
(2) It encourages the investment of private savings in the
purchase of homes or holdings directly farmed by the owners
and direct or indirect investment in large productive enterprise.
Article 48 [Electoral Rights]
(1) All private citizens, male or female, who are of age, are
entitled to vote.
(2) Votes are personal, equal, free, and secret. To vote is a
civic duty.
(3) The right to vote may not be limited save on account civil
incapacity or in consequence of an irrevocable penal sentence,
or in cases of moral unworthiness established by law.
Article 49 [Political Parties]
All citizens have the right to freely form political parties in
order to contribute by democratic means to national policy.
Article 50 [Petitions]
All citizens may submit petitions to Parliament demanding
legislative measures or setting forth general needs.
Article 51 [Public Office]
(1) All citizens of either sex are eligible for public office and
for elective positions on conditions of equality, according to the
requisites established by law.
(2) The law may place Italians who do not belong to the
Republic on a par with resident citizens in the matter of
admission to public office and elective positions.
(3) Any person called upon to occupy an elective office has the
right to claim the time necessary for the fulfillment of such
duties without being deprived of his employment.
Article 52 [Military Service]
(1) The defence of the country is a moral duty of every citizen.
(2) Military
(3) The organization of the Armed Forces is based on the
democratic principles of the Republic.
Article 53 [Taxation]
(1) Everyone shall contribute to public expenditure in
proportion to his resources.
(2) Fiscal levies shall be on a progressive scale.
Article 54 [Binding Constitution, Oaths]
(1) All citizens have the duty of fealty to the Republic and shall
respect the Constitution and the laws.
(2) Citizens to whom public functions are entrusted shall
execute them in a disciplined and honorable manner swearing
an oath to fulfill such conditions in those cases prescribed by
law.
Article 55 [Parliament]
(1) Parliament
(2) Parliament holds joint meetings of members of the Chamber
of Deputies and the Senate only in cases laid down by the
Constitution.
Article 56 [Chamber of Deputies]
(1) The Chamber of Deputies is elected by universal and direct
suffrage, and is composed of six hundred and thirty Members.
(2) All persons who have reached the age of twenty-five years
on the day of the elections are eligible for membership.
(3) Division of seats among the constituencies is obtained by
dividing the number of inhabitants registered at the last census
by six hundred and thirty and distributing the said seats in
proportion to the population of each constituency, on the basis
of the quotients and the highest figures below these quotients.
Article 57 [Senate]
(1) The Senate of the Republic is elected on a regional basis.
(2) Senators number three hundred and fifteen. No region may
have less than ten Senators but Molise is attributed two and
Valle d'Aosta one. Division of seats among the Regions, on
the basis of the terms set out above, is made according to the
proportion of the population of the Regions at the last census,
with quotients and the highest figures below these quotients.
Article 58 [Senate Elections]
(1) Senators are elected by direct universal suffrage by voters
over twenty-five years of age.
(2) Voters over forty years of age are eligible for election to the
Senate.
Article 59 [Senators for Life]
(1) Any person who has held office as President of the Republic
is by right a Senator for Life, unless he refuses to accept the
nomination.
(2) The President of the Republic may nominate, as Senators
for Life, five citizens, who have brought honor to the Nation
through their exceptional merits in social, scientific, artistic,
and literary fields.
Article 60 [Term]
(1) The Chamber of Deputies and the Senate are elected for a
period of five years.
(2) The term of each Chamber may not be extended save by
law and only in the event of war.
Article 61 [Elections]
(1) Election of the new Chambers must take place within
seventy days of the dissolution of the preceding Parliament.
The first sitting must be held not later than twenty days after
the elections.
(2) The powers of the preceding Chambers shall continue until
the newly elected Parliament shall meet.
Article 62
(1) The Chambers shall meet on the first day of February and
October which is not a holiday.
(2) Each Chamber may be convened in extraordinary session on
the initiative of its Speaker or of the President of the Republic
or of one third of its members.
(3) When one Chamber is called upon to meet in extraordinary
session, the other Chamber is also convened ipso jure.
Article 63 [Speaker]
(1) Each Chamber elects its Speaker and the members of the
Speaker's Office from among its own members.
(2) The Speaker of the Chamber of Deputies and members of
the Speaker's Office shall preside whenever Parliament meets in
joint session.
Article 64 [Rules of Procedures, Quorum, Government
Participation]
(1) Each Chamber drafts its own Standing Orders by an
absolute majority of its members.
(2) Sittings are open to the public; nevertheless each of the two
Chambers and Parliament in joint session may decide to
assemble in private.
(3) The decisions of each Chamber and of Parliament are not
valid unless the majority of the members are present, and unless
they are voted for by a majority of the members present, save
where the Constitution provides for a special majority.
(4) Members of the Government, even if they are not members
of the Chambers, are entitled to attend meetings and are obliged
to be present if called upon. They have a right to be heard
whenever they request this right.
Article 65 [Incompatibility]
(1) The law determines cases of ineligibility or incompatibility
with the position of Deputy or Senator.
(2) No person may be a member of both Chambers at the same
time.
Article 66 [Scrutiny]
Each Chamber decides as to the validity of the admission of its
own members and as to cases subsequently arising concerning
ineligibility and incompatibility.
Article 67 [Independence]
Each Member of Parliament represents the Nation and carries
out his duties without restraint of mandate.
Article 68 [Indemnity, Immunity]
(1) Members of Parliament may not be proceeded against for
opinions expressed or votes given in the exercise of their duties.
(2) No member of Parliament may, without the authority of the
Chamber to which he belongs, be subject to criminal
proceedings, nor be arrested or otherwise deprived of his
personal liberty, nor subjected to search warrants on his person
or in his home unless he be caught in the act of committing an
offence for which an order of arrest is compulsory.
(3) A similar authority is required to arrest or keep in a state of
detention a member of Parliament in the execution of a sentence
even if it be irrevocable.
Article 69 [Allowance]
Members of Parliament receive an allowance as laid down by
law.
Section II The Drafting of Laws
Article 70 [Legislative Power]
Legislative duties
Article 71 [Initiative]
(1) Legislative initiative pertains to the Government, to each
member of the two Chambers, and to those organs and bodies
on whom it is conferred by Constitutional law.
(2) The people exercise initiative in legislation through the
proposal, supported by not less than 50,000 voters, of a Bill
drafted in the form of articles.
Article 72 [Legislative Proceedings]
(1) Every Bill submitted to one of the Chambers is, according
to the Standing Orders, examined by a Committee and then by
the Chamber itself which approves it, article by article, and
subsequently with a final vote. The Standing Orders provide an
abbreviated procedure for Bills declared to be urgent.
(2) They also lay down in what cases and in what manner the
examination and approval of Bills shall be submitted to
committees, including Standing Committees so composed as to
reflect the various proportions of the Parliamentary groups.
Furthermore, in such cases, a Bill, until it is finally voted upon,
is submitted to the Chamber, if the Government or one-tenth of
the members of the Chamber or one-fifth of the Committee
demand that it be debated and voted on by the Chamber itself
or submitted to the latter for its final approval with a nominal
vote. The Standing Ordens decide as to the way in which the
work of the Committees shall be divulged.
(3) The normal procedure for the debating and voting of Bills
by the Chamber is always applied in the case of Bills of a
constitutional and electoral nature and for those delegating
legislative power, for authority to ratify international treaties,
and for voting on budgets and rectified budgets.
Article 73 [Promulgation]
(1) Laws are promulgated by the President of the Republic
within a month of their having been voted.
(2) If the two Chambers, each with an absolute majority among
its own members, declare a Bill to be urgent, it is promulgated
within the time laid down in the Bill itself.
(3) Laws are published immediately after they have been
promulgated and come into force on the fifteenth day after their
publication, unless the laws themselves provide otherwise.
Article 74 [Veto]
(1) The President of the Republic, before promulgating a law,
may request further discussion by means of a message to both
Chambers in which the reasons for such action are set forth.
(2) If the Chambers vote the Bill once more, the law must be
promulgated.
Article 75 [Referendum]
(1) A popular Referendum is held to decide on the total or
partial repeal of a law or of a measure having force of law if it
is demanded by 500,000 voters or by five Regional Councils.
(2) Referenda are not allowed in the case of fiscal or budget
laws, amnesties or pardons, or laws authorizing the ratification
of international treaties.
(3) All citizens entitled to vote for the election of members of
the Chamber of Deputies are entitled to take part in a
Referendum.
(4) The proposal submitted to Referendum is approved if the
majority of those eligible have participated in the voting, and if
it has received a majority of valid votes.
(5) The methods or carrying out a referendum are laid down
by law.
Article 76 [Ordinances]
The exercise of legislative functions may not be delegated by
the Government save by the laying down of principles and
criteria and only for a limited period of time and for definite
objects.
Article 77 [Decrees, Provisional Measures]
(1) The Government may not, unless properly delegated by the
Chambers, issue decrees having the value of ordinary laws.
(2) When, in exceptional cases of necessity and urgency, the
Government issues, on its own responsibility, provisional
measures having force of law, it shall on the same day submit
them for conversion into law to the Chambers which, even if
they have been dissolved, are expressly summoned for that
purpose and shall meet within five days.
(3) Decrees lose effect as of the date of issue if they are not
converted into law within sixty days of their publication. The
Chambers may, however, approve laws to regulate legal
questions arising out of decrees not yet converted into law.
Article 78 [State of War]
The Chambers declare a state of war and confer the necessary
powers on the Government.
Article 79 [Amnesty]
(1) The right of amnesty and indult are granted by the President
of the Republic, on the basis of laws enacted by the Chambers
delegating such power.
(2) Amnesty and indult are not applicable in the case of
offenses committed subsequent to the proposal for delegating
such authority.
Article 80 [Ratification of Treaties]
The Chambers authorize, by law, ratification of international
treaties of a political nature, or which provide for arbitration or
judicial regulation, or imply modifications to the nation's
territory or financial burdens, or to laws.
Article 81 [Budgets]
(1) The Chambers vote the budgets
(2) The right to execute the provisional budget may not be
granted save by law and for periods of not over four months.
(3) No new taxes or new expenditure can be established by the
law approving the budget.
(4) In all other laws implying new or additional expenditure the
means for covering it must be set forth.
Article 82 [Inquiries]
(1) Each Chamber may order inquiries into matters of public
interest.
(2) To this end, it appoints a Committee of its own members so
composed as to represent the proportions of the various political
groups. The Committee of Enquiry carries out its
investigations and examination with the same powers and the
same limitations as the judicial authorities.
Article 83 [Presidential Elections]
(1) The President
(2) Three delegates from every Region, elected by the Regional
Council in such a manner as to ensure the representation of
minorities, take part in the election.
(3) The Valle d'Aosta is represented by only one delegate.
(4) Presidential elections take place by secret ballot with a
majority of two-thirds of the Assembly. After the third ballot
an absolute majority is sufficient.
Article 84 [Eligibility, Incompatibility, Allowance]
(1) Any citizen of fifty years of age enjoying civil and political
rights is eligible for election as President of the Republic.
(2) The office of President of the Republic is incompatible with
any other office.
(3) The allowances and endowments of the President are
established by law.
Article 85 [Term]
(1) The Presidential term shall be seven years.
(2) Thirty days before the term lapses the Speaker of the
Chamber of Deputies summons Parliament in joint session
together with the Regional delegates to elect the new President
of the Republic.
(3) If Parliament has been dissolved or is to be dissolved within
three months, the election is held within fifteen days of the
meeting of the new Chambers. In the interval, the powers of
the existing President are prolonged.
Article 86 [Speaker of the Senate]
(1) Should the President prove to be unable to fulfill his duties,
they shall be carried out by the Speaker of the Senate.
(2) In case of permanent incapacity or death or resignation of
the President of the Republic, the Speaker of the Chamber of
Deputies provides for the election of a new President of the
Republic within fifteen days, unless a longer period be foreseen
because the Chambers are to be dissolved or because their term
has less than three months to expire.
Article 87 [Head of State, Functions]
(1) The President of the Republic is the Head of the State and
represents the unity of the Nation.
(2) He may send messages to Parliament.
(3) He provides for the election of a new Parliament and
authorizes the date of its first meeting.
(4) He authorizes the submission to Parliament of Bills moved
by the Government.
(5) He promulgates laws and issues decrees having the value of
laws and regulations.
(6) He provides for a referendum in such cases as are laid down
in the Constitution.
(7) He appoints, in the cases laid down by the law, the officials
of the State.
(8) He accredits and receives diplomatic representatives and
ratifies international treaties, provided they be authorized by
Parliament whenever such authorization is necessary.
(9) He commands the Armed Forces, presides over the Supreme
Defence Council as constituted by law, and declares a state of
war when it has been decided by Parliament.
(10) He presides over the Superior Magistrate Council.
(11) He may grant pardons and commute court sentences.
(12) He confers the honors of the Republic.
Article 88 [Dissolution of Parliament]
(1) The President of the Republic may dissolve one or both
Chambers after consultation with their Speakers.
(2) He may not exercise this right during the last six months of
his term of office.
Article 89 [Countersignature]
(1) No act of the President is legal unless it is countersigned by
the Ministers who have submitted it and accept his
responsibility.
(2) Measures having the value of law and such others as are
laid down by law shall also be countersigned by the President
of the Council of Ministers (Prime Minister).
Article 90 [Presidential Indemnity]
The President of the Republic cannot be held responsible for
acts carried out in the exercise of his duties, save in cases of
high treason or breaches of the Constitution.
Article 91 [Oath of Loyalty]
Before taking office, the President of the Republic shall swear
an oath of loyalty to the Republic and to the Constitution before
Parliament in joint session.
Section I The Council of Minsters
Article 92 [Executive Power]
(1) The Government
(2) The President of the Republic appoints the President of the
Council and the Ministers who are proposed.
Article 93 [Oath]
Before assuming office, the President of the Council and the
Ministers shall be sworn in before the President of the
Republic.
Article 94 [Governmental Elections]
(1) The Government must enjoy the confidence of the two
Chambers.
(2) Each Chamber grants or refuses its confidence by a motion
in which it gives its reasons and which is submitted to a
nominal vote.
(3) Within ten days of its formation, the Government shall
present its program to Parliament to obtain its vote of
confidence.
(4) The contrary vote of one or of both Chambers on a
Government proposal does not necessitate resignation.
(5) A vote of no confidence must be signed by at least one-tenth
of the members of the Chamber and can only be debated three
days after it has been submitted.
Article 95 [Functions]
(1) The President of the Council conducts, and is responsible
for, the general policy of the Government. He maintains unity
in general political and administrative policy, and promotes and
coordinates the activities of the Ministers.
(2) Ministers are jointly responsible for the decisions of the
Cabinet as a whole, and individually for those of their own
particular departments.
(3) The law contemplates regulations concerning the Presidency
of the Council of Ministers and establishes the number,
responsibilities, and organization of the various Ministries.
Article 96 [Impeachment]
The President of the Council and the Ministers may be
impeached by Parliament in joint session for offenses committed
in the exercise of their duties.
Section II Public Administration
Article 97 [Rule of Law]
(1) Public departments are organized according to the
provisions of the law, so that proper conduct and impartiality of
administration shall be guaranteed.
(2) The competence, duties, and responsibilities of public
officials are laid down in regulations on public departments.
(3) Appointments in the public administration are secured by
competitive entry, unless otherwise laid down by law.
Article 98 [Independence of Officials]
(1) Public officials are exclusively at the service of the Nation.
(2) If they are members of Parliament they cannot be promoted
save by seniority.
(3) Limitations to the right of registering as members of
political parties may be laid down by law for members of the
Judiciary, members of the fighting services on active duty,
police officials and agents, and diplomatic and consular
representatives abroad.
Article 99 [Council of Economy and Labor]
(1) The National Council of Economy and Labor is composed,
according to the provisions of the law, of experts and
representatives of productive branches, in such a manner that
their numerical importance and their qualifications are properly
taken into consideration.
(2) It is an advisory organ to Parliament and to the Government
for such questions and duties as are attributed to it by law.
(3) It has the right to promote legislation and may contribute to
the drafting of economic and social laws according to the
principles, and within the limits laid down by law.
Article 100 [Council of State]
(1) The Council of State is an advisory organ on
judicial-administrative matters and ensures the legality of public
administration.
(2) The Court of Accounts (State Auditor's Department)
exercises a form of preventive control on the legitimacy of
Government measures and of subsequent control on the
management of the budget. It takes part, in the cases and in the
manner laid down by law, in the control of the financial
management of those bodies to which the State normally
contributes. It reports directly to Parliament on the results of
the audit so executed.
(3) The law ensures the independence of these two organs and
of their members vis-a-vis of the Government.
Section I Jurisdictional Organization
Article 101 [Judicial Power]
(1) Justice is administered in the name of the people.
(2) The judges are subject only to the laws.
Article 102 [Judges]
(1) The duties of the judiciary are carried out by permanent
judges appointed and governed according to the provisions laid
down in regulations on legal structure.
(2) No special judges may be appointed, but specialized sections
may be set up and attached to the normal judicial organs for
dealing with specific matters, and properly qualified citizens
who are not members of the judiciary may participate.
(3) The law lays down the reasons and the manner in which
private persons participate directly in the administration of
Justice.
Article 103 [Council of States, Court of Accounts, Military
Tribunals]
(1) The Council of State and other bodies concerned with
administrative justice safeguard the legitimate interests of public
administration and even those subjective rights that are foreseen
by law.
(2) The Court of Accounts has jurisdiction over matters of
public accounts and such other questions as are specified by
law.
(3) Military Tribunals in war time have jurisdiction as
authorized by law. In peace time their jurisdiction is limited to
military offenses committed by members of the Armed
Services.
Article 104 [Independent Judiciary]
(1) The Judiciary is an independent structure and is not subject
to any other authority.
(2) The President of the Republic is Chairman of the Superior
Magistrate Council.
(3) The senior judge and the Public Prosecutor of the Court of
Cassation are ipso jure members of it.
(4) Of the other members, two-thirds are elected by all regular
judges of different categories, and one-third by Parliament in
joint session, selection being made among professors of law
faculties and lawyers of at least fifteen years standing.
(5) The Council elects an Assistant Chairman from among the
members chosen by Parliament.
(6) The elected members hold office for four years and are not
immediately re-eligible.
(7) While they are in office they may not be registered on the
Rolls of the legal profession, nor be members either of
Parliament or of a Regional Council.
Article 105 [Superior Magistrate Council]
According to regulations, the Superior Magistrate Council is
entrusted with the appointment, assignment, transfer,
promotion, and disciplinary measures concerning the judges.
Article 106 [Qualification]
(1) Entry to the judiciary is by competitive examination.
(2) According to the regulations, honorary magistrates may be
appointed, even by election, to perform all the duties attributed
to individual Judges.
(3) On the proposal of the Superior Magistrate Council,
professors of law and lawyers of at least fifteen years standing
and registered in the special Rolls entitling them to practice in
the senior courts may be appointed as councilors of the
Supreme Court of Cassation for exceptional merits.
Article 107 [Disciplinary Measures]
(1) Judges cannot be removed from office. They may not be
dismissed or suspended from their duties, nor transferred to
other courts or duties, save by a decision of the Superior
Magistrate Council taken for reasons and with guarantees for
their defence laid down by regulations or with their own
consent.
(2) The Minister of Justice is entitled to undertake disciplinary
action.
(3) Judges differ from one another only on account of their
different functions.
(4) The Public Prosecutor is safeguarded by the guarantees laid
down in the regulations.
Article 108 [Court Structure]
(1) The rules governing legal structure and every judicial office
are established by law.
(2) The law ensures the independence of the judges
Article 109 [Judicial Police]
The Judicial Police are at the direct disposal of the judiciary.
Article 110 [Minister of Justice]
Without prejudice to the competence of the Superior Magistrate
Council, the organization and operation of services concerned
with the administration of law are entrusted to the Minister of
Justice.
Section II Regulations on Justice
Article 111 [Legal Proceedings]
(1) Valid reasons must be provided for all legal proceedings.
(2) Appeals to the Supreme Court of Cassation
(3) Appeals to the Supreme Court of Cassation against decisions
of the Council of State and of the Court of Accounts (State
Auditor's Department) are only allowed for motions concerning
jurisdiction.
Article 112 [Penal Proceedings]
The Public Prosecutor is responsible for instituting penal
proceedings.
Article 113 [Recourse to the Courts]
(1) Claims for protection of rights in matters of legitimate
interest before the organs of normal or administrative justice are
always allowed against decisions taken by public administration.
(2) Such jurisdictional protection may not be exclusive or
limited to special claims or to specific decisions.
(3) The law lays down those jurisdictional organs which may
annul decisions of public administration according to the
provisions established.
Article 114 [Local Entities]
The Republic is divided into Regions, Provinces, and
Communities.
Article 115 [Autonomy]
The Regions are constituted as autonomous territorial units with
their own powers and functions according to the principles
established by the Constitution.
Article 116 [Special Forms of Autonomy]
Particular forms and conditions of autonomy, in accordance
with special statutes adopted by constitutional law, are attributed
to Sicily, Sardinia, Trentino-Alto Adige, Friuli-Venetia Julia,
and the Valle d'Aosta.
Article 117 [Regional Powers]
(1) Within the limits of the fundamental principles established
by the laws of the State, the Region legislates in regard to the
following matters, provided that such legislation is not in
contrast with the interests of the Nation or of other
Regions:
- Organization of the offices and the administrative bodies
dependent on the Region;
- Town boundaries;
- Urban and rural police;
- Fairs and markets;
- Public charities and health and hospital assistance;
- Vocational training of artisans and scholastic
assistance;
- Museums and libraries of local bodies;
- Town planning;
- Tourist trade and hotel industry;
- Tram and motor coach services of regional interest;
- Roads, aqueducts, and public works of regional
interest;
- Lake navigation and ports;
- Mineral and spa waters;
- Quarries and peat bogs;
- Hunting;
- Fishing in lake and river waters;
- Agriculture and forestry;
- Artisanship;
- Other matters indicated by constitutional laws.
(2) The laws of Republic may delegate power to the Region to
issue norms for their enforcement.
Article 118 [Administration]
(1) The administrative functions pertaining to the subjects listed
in the preceding article reside in the Regions, except those of
exclusively local interest which, by the laws of the Republic,
may be delegated to the Provinces, Communities, or other local
authorities.
(2) The State may, by law, delegate the exercise of other
functions of an administrative nature to the Region.
(3) The Region normally exercises its administrative functions
by delegating them to the Provinces, Communities, or other
local authorities, or by administering them through their offices.
Article 119 [Financial Autonomy]
(1) The Regions have financial autonomy within the forms and
limits established by the laws of the Republic which coordinate
this regional autonomy with the finances of the State, the
Provinces and the Communities.
(2) The Regions are assigned their own taxes and quotas of
Exchequer taxes according to the expenditure necessary to the
fulfillment of their normal functions.
(3) The State assigns by law special allocations to single
Regions for specific purposes and particularly for the
development of southern and insular Italy.
(4) The Region has its own demesne and patrimony according
to the requirements of the laws of the Republic.
Article 120 [Duties]
(1) The Regions may not levy import or export duties or duties
on transit between Regions.
(2) The Regions may not adopt provisions which hinder the free
movement of persons or goods between Regions.
(3) The Regions may not limit the right of citizens to exercise
their professions, employment, or labor in any part of national
territory.
Article 121 [Regional Institutions]
(1) The official bodies of the Region are: the Regional Council,
the Junta, and its President.
(2) The Regional Council exercises the legislative and
administrative power granted to the Region and all other
functions conferred on it by the Constitution and by law. It
may propose Bills to Parliament.
(3) The Junta is the executive body of the Regions.
(4) The President of the Junta represents the Region; he
promulgates regional laws and regulations and directs the
administrative functions delegated to the Region by the State in
accordance with the instructions of central government.
Article 122 [Rule of Law]
(1) The electoral system and the number and cases of
ineligibility and incompatibility of Regional Councilors, are
established by the laws of the Republic.
(2) No one may be a member of a Regional Council and a
member of either Chamber of Parliament or another Regional
Council at the same time.
(3) The Council elects a President from its own members and a
President's Office for its functions.
(4) Regional Councilors may not be called upon to answer for
opinions expressed or votes cast during the exercise of their
duties.
(5) The President and members of the Junta are elected by the
Regional Council from among its members.
Article 123 [Regional Statutes]
(1) Every Region has a statute which, in harmony with the
Constitution and the laws of the Republic, establishes the norms
relative to the internal organization of the Region. The regional
statute controls the right of initiative and referendum on laws
and provisions of an administrative nature within the Region
and the publication of regional laws and regulations.
(2) The Statute is drafted and approved by the Regional Council
through an absolute majority of its members and further
approved by a law of the Republic.
Article 124 [Government Representative]
A Government representative, residing in the capital of the
Region, supervises the administrative functions exercised by
central government and coordinates them with those of the
Region.
Article 125 [Control]
(1) Control of the legitimacy of administrative decisions in the
Region is exercised, in decentralized form, by an organ of
central government in the manner and within the limits
established by the laws of the Republic. In specific cases, the
law may admit re-examination of the merits of the case, but
only to the extent of promoting, through a motivated request, a
re-examination of a controversial decision by the Regional
Council.
(2) The Regions have their own first degree courts for
administrative actions in accordance with the requirements of
the laws of the Republic. The courts may have branches in
places other than the regional capital.
Article 126 [Dissolution of Regional Council]
(1) The Regional Council may be dissolved when it performs
acts contrary to the Constitution or commits serious violations
of the laws, or fails to respond to the request of the
Government to replace its Junta or the President of the Junta
when these have committed similar acts or violations.
(2) It may be dissolved when, by reason of resignation or
through the impossibility of forming a majority, it is no longer
in a position to fulfill its duties.
(3) It may also be dissolved for reasons of national security.
(4) The dissolution of the Regional Council is effected by a
decree of the President of the Republic after an opinion has
been offered by a Commission composed of Senators and
Deputies, formed according to the laws of the Republic on
regional affairs.
(5) The Decree of Dissolution is accompanied by the
nomination of a Commission composed of three citizens eligible
for the Regional Council, which announces the holding of new
elections within a period of three months and provides for
ordinary administration within the competence of the Junta and
for such decisions as cannot be postponed: such decisions are
subject to ratification by the new Regional Council.
Article 127 [Approval]
(1) Every law approved by the Regional Council shall be
communicated to the Government representative who, except in
the case of opposition on the part of the Government, must
approve it within a period of thirty days from its submission.
(2) The law is promulgated within ten days from the date of
approval and becomes effective not earlier than fifteen days
from its publication. If a law is considered to be urgent by the
Regional Council, and the Government of the Republic
approves, then its promulgation and date of effect are not
subject to the specified periods.
(3) The Government of the Republic, when it considers that a
law approved by the Regional Council exceeds the competence
of the Region or conflicts with the interests of the Nation or
with those of other Regions, returns it to the Regional Council
within the period established for approval.
(4) When the Regional Council approves it again by an absolute
majority of its members, the Government of the Republic may,
within fifteen days of communication of the fact, submit the
question of its legitimacy to the Constitutional Court, and that
of its merit, in the case of conflicting interests, to the Chamber
of Deputies and the Senate. In case of doubt, the Constitutional
Court shall decide on the competent body.
Article 128 [Provincial Autonomy]
The Provinces and the Communities are autonomous bodies
within the principles laid down by the general laws of the
Republic, which determine their function.
Article 129 [Decentralization]
(1) The Provinces and the Communities are also territorial units
of State and regional decentralization.
(2) The territory contained within the Province may also be
subdivided into districts with exclusively administrative
functions, for the sake of further decentralization.
Article 130 [Provincial Institutions]
(1) A regional body, constituted in accordance with procedure
established by the laws of the Republic, exercises, in a
decentralized form, control over the legitimacy of decisions
taken by the Provinces, Communes and other local bodies.
(2) In cases specified by law, control of an issue of general
merit may be exercised in the form of a reasoned request
submitted to the competent assembly for re-examination of
decisions taken previously.
Article 131 [Instituted Regions]
The following Regions are instituted: Piedmont; Valle d'Aosta;
Lombardy; Trentino-Alto Adige; Venetia; Friuli-Venetia Julia;
Liguria; Emilia-Romagna; Tuscany; Umbria; Marches; Latium;
Abruzzo; Molise; Campania; Apulia; Basilicata; Calabria;
Sicily; Sardinia.
Article 132 [Delimitation]
(1) By constitutional law, the Regional Council having been
heard, arrangements may be made for the merging of existing
Regions or the creation of new Regions with a minimum of one
million inhabitants, when such a request is made by as many
Councils as represent at least one third of the interested
populations and when the proposal has been approved by a
referendum voted by the majority of the interested populations.
(2) By means of a referendum and by the laws of the Republic,
the Regional Council having been heard, consent may be given
for Provinces and Communities so desiring to be detached from
one Region and attached to another.
Article 133 [Provincial Boundaries]
(1) Changes of provincial boundaries and the institution of new
Provinces within the area of a Region, are established by laws
of the Republic, after request from the Communities and the
approval of the Region itself.
(2) The Region, having heard the interested population, may,
by its own enactment, establish new Communities and modify
their boundaries and names within its own territory.
Section I The Constitutional Court
Article 134 [Jurisdiction]
The Constitutional Court decides:
- on controversies concerning the constitutional legitimacy of
laws and acts having the force of law, emanating from central
and regional government;
- on controversies arising over constitutional assignment of
powers within the State, between the State and the Regions, and
between Regions;
- on impeachments of the President of the Republic and
Ministers, according to the norms of the Constitution.
Article 135 [Composition]
(1) The Constitutional Court is composed of fifteen judges, a
third of whom are nominated by the President of the Republic,
one third by Parliament in joint session, and one third by the
members of the ordinary and administrative supreme courts.
(2) The judges of the Constitutional Court are chosen from
among the magistrates of the High and Administrative Courts,
including those in retirement, professors of law, and lawyers
who have been in practice for a minimum period of twenty
years.
(3) The Court elects its President from among its members.
(4) Judges are nominated for a period of twelve years and some
may be retained in office according to the norms established by
law: they are not re-eligible immediately.
(5) The office of judge of the Constitutional Court may not be
held concurrently with that of a member of Parliament, a
member of a Regional Council, the exercise of the legal
profession or with any position or office indicated by law.
(6) Following the same procedure used in the appointment of
the judges of the Constitutional Court, Parliament shall draft a
list of persons who, in case of necessity, shall be chosen to take
part in proceedings following impeachment of the President of
the Republic, the Prime Minister and the Ministers.
Article 136 [Functions]
(1) When the Court declares a norm of law, or an act having
the force of law, to be unconstitutional, the norm ceases to have
effect from the day following the publication of the decision.
(2) The decision of the Court is published and is communicated
to Parliament and the interested Regional Councils in order that
provisions may be made in constitutional form where
considered necessary.
Article 137 [Time Limits]
(1) A constitutional law establishes the conditions, forms, and
time limits for decisions on constitutional legitimacy and
guarantees the independence of the judges of the Court.
(2) All other norms necessary for the constitution and
functioning of the Court are established by ordinary legislation.
(3) The decisions of the Constitutional Court may not be
contested.
Section II Amendments to the Constitution
Article 138 [Proceedings]
(1) Amendments to the Constitution and other constitutional
laws are passed by the Chamber of Deputies and the Senate in
two successive sessions at an interval of not less than three
months and are approved by an absolute majority of the
members of each Chamber after a second reading.
(2) The laws themselves are submitted to popular referendum
when, within three months of their publication, a demand shall
be made by one fifth of the members of either Chamber or by
500,000 electors or by five Regional Councils. A law
submitted to referendum shall not be promulgated unless
approved by a majority of valid votes.
(3) A referendum shall not be held if the law has been approved
in both Chambers, during a second reading, by a majority of
two thirds of the members of each Chamber.
Article 139 [Restriction]
The Republican structure is not subject to constitutional
amendment.
Article 1 [Provisional Head of State]
When the Constitution becomes effective, the Provisional Head
of the State shall assume the title of President of the Republic
and exercise the attributes of this office.
Article II [Presidential Election]
If at the time of the election of the President of the Republic the
Regional Councils have not all been constituted, then only the
members of the two Chambers shall participate in the said
election.
Article III [First Senate]
(1) By a decree of the President of the Republic, for the first
term the Senate will include among its members deputies of the
Constituent Assembly who have the necessary qualifications by
law for election to the Senate and who:
- have been President of the Council of Ministers, or Speaker
or President of legislative bodies;
- have been members of the dissolved Senate;
- have been three times elected, including election to the
Constituent Assembly;
- were dismissed during the session of the Chamber of Deputies
of November 9, 1926;
- have suffered imprisonment for a period of not less than five
years in consequence of sentences passed by the Special Fascist
Court for State Defence.
(2) Members of the dissolved Senate who were also members of
the National Consultative Assembly are also nominated
Senators, by decree of the President of the Republic.
(3) The right to nomination as Senator may be renounced prior
to signature of the decree of nomination. Acceptance of
candidacy in political elections implies renunciation of the right
to be nominated Senator.
Article IV [Molise]
In the case of first elections to the Senate, Molise is considered
as a Region in itself, the number of its Senators depending on
the proportion of its population.
Article V [International Treaties]
The provisions contained in Article 80 of the
Constitution, insofar as they concern international treaties which
impose charges on the budget or modifications of law, shall be
effective from the date of convocation of the two Chambers.
Article VI [Judiciary Revision]
(1) Within five years of the effective date of the Constitution, a
revision of the special organs of jurisdiction now existing shall
be undertaken, with the exception of the Council of State, the
Court of Accounts, and Military Tribunals.
(2) Within one year of the said date, provision shall be made by
law for the reorganization of the Supreme Military Tribunal
according to Article 111.
Article VII [Preliminary Revision]
(1) Until such time as new legislation on the Judiciary shall
bring it into conformity with the Constitution, the norms at
present in force shall continue to be observed.
(2) Until such time as the Constitutional Court shall begin to
function, decisions over controversies as under Article
134 shall be rendered according to the forms and limits
existing prior to the effective date of the Constitution.
(3) The judges of the Constitutional Court, nominated for the
initial composition of that Court, shall not be subject to partial
re-election and shall remain in office for a period of twelve
years.
Article VIII [Regional Councils]
(1) The election of the Regional Councils and the elective
organs of provincial administration shall take place within one
year of the effective date of the Constitution.
(2) The laws of the Republic regulate, for all branches of public
administration, the transfer of central government powers
attributed to the Regions. Until provisions have been made for
the reorganization and distribution of administrative functions
among local government, the Provinces and Communities shall
retain the functions they exercise at the present time as well as
others which may be delegated to them by the Regions.
(3) The laws of the Republic regulate the transfer of public
officials and dependents to the Regions, including those of
central government, whenever such transfer shall be deemed
necessary because of reorganization.
(4) In setting up their departments, the Regions must, except in
cases of necessity, draw personnel from the Civil Service and
local public bodies.
Article IX [Local Autonomy]
Within three years of the effective date of the Constitution, the
Republic shall adjust laws according to the requirements of
local autonomy and the legislative competence attributed to the
Regions.
Article X [Friuli-Venetia Julia]
The general norms contained in Title V of Part Two
shall be provisionally applied to Friuli-Venetia Julia referred to
in Article 116; the protection of linguistic minorities
remains binding as per Article 6.
Article XI [Formation of Regions]
Other Regions may be formed during the first five year period
of the Constitution, by constitutional enactment and in
modification of the list contained in Article 131,
without recourse to the procedure required under Article
132 (1), but with the obligation to hear the opinions of
the interested populations.
Article XII [Fascist Party]
(1) Reorganization of the former Fascist Party, under any form
whatsoever, is prohibited.
(2) Notwithstanding Article 48, temporary limitations
are established by law, for a period of not over five years from
the elective date of the Constitution, on the suffrage and
eligibility of the responsible heads of the Fascist regime.
Article XIII [House of Savoy]
(1) The members and descendants of the House of Savoy are
not electors and may not hold any public office or elective
position.
(2) Former kings of the House of Savoy, their wives and their
male descendants may not enter or remain in Italian territory.
(3) Property within Italian territory belonging to the former
kings of the House of Savoy, their wives and their male
descendants, revert to the State. Transfers and the
establishment of royal rights on such properties, which took
place after June 2, 1946, are null and void.
Article XIV [Nobility]
(1) Titles of nobility are not recognized.
(3) The predicates of those existing before October 28, 1922,
serve as part of the proper name.
(4) The Order of Ss. Maurizio e Lazzaro is preserved as a
hospital corporation and functions according to the methods
established by law.
(5) The law regulates the suppression of the Heraldic Council.
Article XV [Old Organizational Law]
When the Constitution goes into effect, the legislative decree of
the Lieutenant of the Realm of June 25, 1944, No. 151 on the
provisional organization of the State is held to be converted to
law.
Article XVI [Old Constitutional Law]
Within one year from the effective date of the Constitution, the
preceding constitutional laws, which have not been explicitly or
implicitly abrogated, shall be revised and coordinated to
conform with the Constitution itself.
Article XVII [New Statutes]
(1) The Constituent Assembly shall be convened by its
President before January 31, 1948, to decide on the laws for the
election of the Senate of the Republic, on the special regional
statutes and on the law governing the press.
(2) Prior to the date of the elections, the Constituent Assembly
may be convened whenever there is need to decide on matters
within its competence, under Article 2 (1) & (2), and Article 3
(1) & (2), of the legislative decree of March 16, 1946 No. 98.
(3) The Standing Committees shall continue to function during
this period.
(4) The Legislative Committees shall submit all Bills transmitted
to them, with appropriate observations and proposals of
amendments to the Government.
(5) Deputies may question the Government and request written
replies.
(6) With reference to Paragraph (2), the Constituent Assembly
is convened by its President on the written request of the
Government or at least two hundred deputies.
Article XVIII [Promulgation]
(1) This present Constitution shall be promulgated by the
Provisional Head of the State within five days of its approval by
the Constituent Assembly, and shall come into effect as from
January 1st, 1948.
(2) The text of the Constitution shall be deposited in the Town
Hall of each Community of the Republic and shall be on view
during the whole of 1948 in order that every citizen shall have
knowledge of it.
(3) The Constitution, bearing the Seal of State, shall be inserted
in the Official Records of the Laws and Decrees of the
Republic.
(4) The Constitution shall be faithfully observed as the
fundamental law of the Republic by all citizens and organs of
the State.