Constitutional Court of Italy

From Wikipedia, the free encyclopedia

Italy

This article is part of the series:
Politics and government of
Italy



Other countries · Politics Portal
view  talk  edit

The Constitutional Court of Italy (Italian: Corte costituzionale della Repubblica Italiana) is a supreme court of Italy, the other being the Court of Cassation.

The Constitutional Court is composed of 15 judges: one-third appointed by the President, one-third elected by Parliament, and one-third elected by the ordinary and administrative supreme courts. The members then elect the President of the Court from among its members in a secret ballot, by absolute majority (that is, eight votes in the case of a full court), and if necessary, a run-off election between the two judges with the most votes after the second ballot. One or two Vice-Presidents, appointed by the President of the Court, stand in for the President in the event of his absence for any reason. The constitutional court passes on the constitutionality of laws, and there is no right of appeal on these decisions.

The court is a post-World War II innovation. Its powers, volume, and frequency of decisions are not however yet as extensive as those of the U.S. Supreme Court.

Its role, powers and composition are defined in Section I (Constitutional guarantees) of Title VI of the Constitution.

Article 134:

The Constitutional Court shall pass judgment on:
Controversies on the constitutional legitimacy of laws and enactments having the force of law issued by the State and the regions;
Conflicts arising from allocation of powers of the State and those allocated to State and regions, and between regions;
Accusations made against the President of the Republic, according to the provisions of the Constitution.

Article 135:

The Constitutional Court shall be composed of fifteen judges, a third nominated by the President of the Republic, a third by Parliament in joint sitting and a third by the ordinary and administrative supreme courts.
The judges of the Constitutional Courts shall be chosen from among judges, including those retired, of the ordinary and administrative higher courts, from full university professors of law and lawyers with at least twenty years practice.
Judges of the Constitutional Court shall be nominated for nine years, beginning in each case from the day of their swearing in, and they may not be reappointed.
At the expiry of his time the constitutional judge shall cease his appointment and the exercise of the functions thereof.
The Court shall elect from among its members, in accordance with the rules established by law, a President who shall remain in office for three years and may be reelected, respecting in all cases the expiry term for constitutional judges.
The office of constitutional judge shall be incompatible with membership of parliament, of a regional council, the exercise of the profession of lawyer and with every appointment and office indicated by law.
In impeachment of the President of the Republic, apart from the ordinary judges of the Court, there shall also be sixteen members chosen by lot from among a list of citizens having the qualification necessary for election to the Senate, which the Parliament prepares every nine years through election using the same procedures as those in appointing ordinary judges.

Article 136:

When the Court declares the constitutional illegitimacy of a law or enactment having the force of law, the law ceases to have effect from the day following the publication of the decision.
The decision of the Court shall be published and communicated to the Houses and to the regional councils concerned, to that, wherever they deem it necessary, they shall act in conformity with constitutional procedures.

Article 137:

A constitutional law shall establish the conditions, the forms, the terms of proposability of judgments on constitutional legitimacy, and the guarantees of the independence of the constitutional judges.
Ordinary laws shall establish the other necessary provisions necessary for the constitution and the functioning of the Court.
Against the decision of the Constitutional Court no appeals are allowed.

The Palazzo della Consulta, seat of the Constitutional Court of Italy, on the Quirinal Hill
The Palazzo della Consulta, seat of the Constitutional Court of Italy, on the Quirinal Hill

The current composition of the court includes the following judges:

  • Franco Bile, President of the Constitutional Court
  • Giovanni Maria Flick, Vice President of the Constitutional Court
  • Francesco Amirante
  • Ugo De Siervo
  • Romano Vaccarella
  • Paolo Maddalena
  • Alfio Finocchiaro
  • Alfonso Quaranta
  • Franco Gallo
  • Luigi Mazzella
  • Gaetano Silvestri
  • Sabino Cassese
  • Maria Rita Saulle
  • Giuseppe Tesauro
  • Paolo Maria Napolitano

Advanced Search
Included Web Search Engines


Safe Search

close

Top Matching Results

Occasionally Search.com will highlight specialized results that are based on the context of your query. Examples of specialized results include specific links to news, images, or video.

Top Matching Results may highlight information from other Search.com pages, content from the CNET Network of sites, or third party content. The listings are based purely on relevance. Search.com does not receive payment for listings in this section but our partners that provide this data may get paid for listing these products.

Sponsored Links

This section contains paid listings which have been purchased by companies that want to have their sites appear for specific search terms and related content. These listings are administered, sorted and maintained by a third party and are not endorsed by Search.com.

Search Results

Search.com sends your search query to several search engines at one time and integrates the results into one list which has been sorted by relevance using Search.com's proprietary algorithm. You can customize the list of search engines included in your metasearch from the preferences.

The search engines that are used in your metasearch may allow companies to pay to have their Web sites included within the results. To view the Paid Inclusion policy for a specific search engine, please visit their Web site. Search.com does not accept payment or share revenue with any search engine partner for listings in this section.