Legal System of Italy

Italy is located in Europe. It is geographically situated in southern europe, a peninsula extending into the central mediterranean sea, northeast of tunisia. The country achieved independence on 17 march 1861. The capital is Rome.

Government Overview

Government Type: parliamentary republic Chief of State: President Sergio MATTARELLA (since 3 February 2015) Head of Government: Prime Minister Giorgia MELONI (since 22 October 2022); the prime minister’s official title is President of the Council of Ministers Cabinet: Council of Ministers proposed by the prime minister, who is known officially as the President of the Council of Ministers and locally as the premier; nominated by the president Administrative Divisions: 15 regions (regioni, singular - regione) and 5 autonomous regions (regioni autonome, singular - regione autonoma)

regions: Abruzzo, Basilicata, Calabria, Campania, Emilia-Romagna, Lazio (Latium), Liguria, Lombardia, Marche, Molise, Piemonte (Piedmont), Puglia (Apulia), Toscana (Tuscany), Umbria, Veneto

autonomous regions: Friuli Venezia Giulia, Sardegna (Sardinia), Sicilia (Sicily), Trentino-Alto Adige (Trentino-South Tyrol) or Trentino-Suedtirol (German), Valle d’Aosta (Aosta Valley) or Vallée d’Aoste (French) National Holiday: Republic Day, 2 June (1946) Suffrage: 18 years of age; universal except in senatorial elections, where minimum age is 25

Legal System

The legal system of Italy is described as civil law system; Constitutional Court reviews legislation under certain conditions International Law: accepts compulsory ICJ jurisdiction with reservations; accepts ICCt jurisdiction

Constitutional Framework

The constitution has the following history: previous 1848 (originally for the Kingdom of Sardinia and adopted by the Kingdom of Italy in 1861); latest enacted 22 December 1947, adopted 27 December 1947, entered into force 1 January 1948 Amendment Process: proposed by both houses of Parliament; passage requires two successive debates and approval by absolute majority of each house on the second vote; a referendum is only required when requested by one fifth of the members of either house, by voter petition, or by 5 Regional Councils (elected legislative assemblies of the 15 first-level administrative regions and 5 autonomous regions of Italy); referendum not required if an amendment has been approved by a two-thirds majority in each house in the second vote

Judicial Branch

Highest Court(s): Supreme Court of Cassation or Corte Suprema di Cassazione (consists of the first president, deputy president, 54 justices presiding over 6 civil and 7 criminal divisions, and 288 judges; an additional 30 judges of lower courts serve as supporting judges; cases normally heard by 5-judge panels; more complex cases heard by 9-judge panels); Constitutional Court or Corte Costituzionale (consists of the court president and 14 judges) Judge Selection: Supreme Court judges appointed by the High Council of the Judiciary, headed by the president of the republic; judges may serve for life; Constitutional Court judges - 5 appointed by the president, 5 elected by Parliament, 5 elected by select higher courts; judges serve up to 9 years Subordinate Courts: various lower civil and criminal courts (primary and secondary tribunals and courts of appeal)

Legislative Branch

The legislative structure consists of bicameral Lower Chamber: Chamber of Deputies (Camera dei Deputati) (400 (all directly elected) seats) Electoral System (Lower Chamber): mixed system Upper Chamber: Senate (Senato della Repubblica)

Citizenship and Suffrage

Citizenship by Birth: no Citizenship by Descent: at least one parent must be a citizen of Italy Suffrage: 18 years of age; universal except in senatorial elections, where minimum age is 25

Historical Background

Italy became a nation-state in 1861 when the regional states of the peninsula, along with Sardinia and Sicily, were united under King Victor EMMANUEL II. An era of parliamentary government came to a close in the early 1920s when Benito MUSSOLINI established a Fascist dictatorship. His alliance with Nazi Germany led to Italy's defeat in World War II. A democratic republic replaced the monarchy in 1946, and economic revival followed.

This article provides a summary of the legal system and governmental structure of Italy based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.