Legal System of San Marino
San Marino is located in Europe. It is geographically situated in southern europe, an enclave in central italy. The country achieved independence on 3 september 301 (traditional founding date). The capital is San Marino (city).
Government Overview
Government Type: parliamentary republic Chief of State: co-chiefs of state Captains Regent Matteo ROSSI and Lorenzo BUGLI (for the period 1 October 2025 - 31 March 2026) Head of Government: Secretary of State for Foreign and Political Affairs Luca BECCARI (since 8 January 2020) Cabinet: Congress of State elected by the Grand and General Council Administrative Divisions: 9 municipalities (castelli, singular - castello); Acquaviva, Borgo Maggiore, Chiesanuova, Domagnano, Faetano, Fiorentino, Montegiardino, San Marino Citta, Serravalle National Holiday: Founding of the Republic (or Feast of Saint Marinus), 3 September (A.D. 301) Suffrage: 18 years of age; universal
Legal System
The legal system of San Marino is described as civil law system with Italian civil law influences International Law: has not submitted an ICJ jurisdiction declaration; accepts ICCt jurisdiction
Constitutional Framework
The constitution has the following history: San Marino’s principal legislative instruments consist of old customs (antiche consuetudini), the Statutory Laws of San Marino (Leges Statutae Sancti Marini), old statutes (antichi statute) from the1600s, Brief Notes on the Constitutional Order and Institutional Organs of the Republic of San Marino (Brevi Cenni sull’Ordinamento Costituzionale e gli Organi Istituzionali della Repubblica di San Marino) and successive legislation, chief among them is the Declaration of the Rights of Citizens and Fundamental Principles of the San Marino Legal Order (Dichiarazione dei Diritti dei Cittadini e dei Principi Fondamentali dell’Ordinamento Sammarinese), approved 8 July 1974 Amendment Process: proposed by the Great and General Council; passage requires two-thirds majority Council vote; Council passage by absolute majority vote also requires passage in a referendum
Judicial Branch
Highest Court(s): Council of Twelve or Consiglio dei XII (consists of 12 members) Judge Selection: judges elected by the Grand and General Council from among its own to serve 5-year terms Subordinate Courts: first instance and first appeal criminal, administrative, and civil courts; Court for the Trust and Trustee Relations; justices of the peace or conciliatory judges
Legislative Branch
The legislative structure consists of unicameral
Citizenship and Suffrage
Citizenship by Birth: no Citizenship by Descent: at least one parent must be a citizen of San Marino Suffrage: 18 years of age; universal
Historical Background
Geographically the third-smallest state in Europe (after the Holy See and Monaco), San Marino also claims to be the world’s oldest republic. According to tradition, it was founded by a Christian stonemason named MARINUS in A.D. 301. San Marino’s foreign policy is aligned with that of the EU, although it is not a member.
This article provides a summary of the legal system and governmental structure of San Marino based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.