Italy - Constitution
{ Adopted on:
{ Effective since:
{
Editor's Note:
The first ICL edition has been based on a translation provided by the Italian
Embassy in
The ICL edition has been consolidated up to and including all amendments until
the status date (above). Transitory and final provisions have not been included
into this translation. Most recent changes include Art. 51 (1), 56 (2)-(4), 57
(1) (2) (3) & (4), 114 through 132. However, please note the following
rules regarding the application of specific provisions:
(a) According to Art. 10 of the Constitutional law of 18 October 2001, no. 3,
the provisions of the newly amended Title V of the Constitution also applies to
the five Regions with special Statutes adopted by constitutional law, as long
as these provisions provide for wider powers than those which have been
assigned to them until now.
(b) According to Art. 11 of the Constitutional law of 18 October 2001, no. 3,
the Chambers have to change their respective Standing Orders to allow
representatives from the Regions and the other local public bodies to take part
in the proceedings of the Parliamentary Commission for regional affairs,
whenever it discusses bills that contain "fundamental principles"
pertaining to concurrent legislative powers, as laid down in Article 117 (3),
or exercise financial autonomy, as laid down in Article 119. }
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[Part 0] Fundamental
Principles
Article 1 [Form of State]
(1)
(2) The sovereignty belongs to the people who exercise it in the forms and
limits of the constitution.
Article 2 [Human Rights]
The republic recognizes and guarantees the inviolable human rights, be it as an
individual or in social groups expressing their personality, and it ensures the
performance of the unalterable duty to political, economic, and social
solidarity.
Article 3 [Equality]
(1) All citizens have equal social status and are equal before the law, without
regard to their sex, race, language, religion, political opinions, and personal
or social conditions.
(2) It is the duty of the republic to remove all economic and social obstacles
that, by limiting the freedom and equality of citizens, prevent full individual
development and the participation of all workers in the political, economic,
and social organization of the country.
Article 4 [Work]
(1) The republic recognizes the right of all citizens to work and promotes
conditions to fulfill this right.
(2) According to capability and choice, every citizen has the duty to undertake
an activity or a function that will contribute to the material and moral
progress of society.
Article 5 [Local Autonomy]
The republic, one and indivisible, recognizes and promotes local autonomy; it
fully applies administrative decentralization of state services and adopts
principles and methods of legislation meeting the requirements of autonomy and
decentralization.
Article 6 [Linguistic Minorities]
The republic protects linguistic minorities by special laws.
Article 7 [Relation between State and
Church]
(1) State and catholic church are, each within their own reign, independent and
sovereign.
(2) Their relationship is regulated by the lateran pacts. Amendments to these
pacts which are accepted by both parties do not require the procedure of
constitutional amendments.
Article 8 [Religion]
(1) Religious denominations are equally free before the law.
(2) Denominations other than isto fd have the right to organize themselves
according to their own by-laws, provided they do not conflict with the isto f
legal system.
(3) Their relationship with the state is regulated by law, based on agreements
with their representatives.
Article 9 [Research and Culture]
(1) The republic promotes cultural development and scientific and technical
research.
(2) It safeguards natural beauty and the historical and artistic heritage of
the nation.
Article 10 [International Law]
(1) The legal system of
(2) Legal regulation of the status of foreigners conforms to international
rules and treaties.
(3) Foreigners who are, in their own country, denied the actual exercise of
those democratic freedoms guaranteed by the isto f constitution, are entitled
to the right to asylum under those conditions provided by law.
(4) Foreigners may not be extradited for political offences.
Article 11 [Repudiation of War]
Italy repudiates war as an instrument offending the liberty of the peoples and
as a means for settling international disputes; it agrees to limitations of
sovereignty where they are necessary to allow for a legal system of peace and
justice between nations, provided the principle of reciprocity is guaranteed;
it promotes and encourages international organizations furthering such ends.
Article 12 [Flag]
The flag of the republic is the isto f tricolor: green, white, and red, in
three vertical bands of equal dimensions.
Part I Rights and Duties of Citizens
Article
13 [Personal
(1) Personal liberty is inviolable.
(2) No one may be detained, inspected, or searched nor otherwise restricted in
personal liberty except by order of the judiciary stating a reason and only in
such cases and in such manner as provided by law.
(3) As an exception, under the conditions of necessity and urgency strictly
defined by law, the police may take provisional measures that must be reported
within 48 hours to the judiciary and, if they are not ratified within another
48 hours, are considered revoked and remain without effect.
(4) Acts of physical and moral violence against persons subjected to restrictions
of personal liberty are to be punished.
(5) The law establishes the maximum duration of preventive detention.
Article
14 [Personal Domicile]
(1) Personal domicile is inviolable.
(2) No one’s domicile may be inspected, searched, or seized save in cases and
in the manner laid down by law conforming to the guarantee of personal liberty.
(3) Verifications and inspections for public health and safety, or for economic
and fiscal purposes are defined by law.
Article
15 [Freedom of Correspondence]
(1)
(2) Limitations may only be imposed by judicial decision stating the reasons
and in accordance with guarantees defined by law.
Article
16 [Freedom of Movement]
(1) Every citizen has the right to reside and travel freely in any part of the
national territory except for limitations provided by general laws protecting
health or security. No restriction may be imposed for political reasons.
(2) Every citizen is free to leave the territory of the republic and return to
it except for obligations defined by law.
Article
17 [Right of Assembly]
(1) All citizens have the right to assemble peaceably and unarmed.
(2) For meetings, including those held in places to which the general public
has access, no previous notice is required.
(3) For meetings held in public places previous notice must be given to the
authorities, who may prohibit them only on the ground of proven risks to
security or public safety.
Article
18 [Freedom of Association]
(1) Citizens have the right freely and without authorization to form
associations for those aims not forbidden by criminal law.
(2) Secret associations and associations pursuing political aims by military
organization, even if only indirectly, are forbidden.
Article
19 [Freedom of Religion]
Everyone is entitled to freely profess religious beliefs in any form,
individually or with others, to promote them, and to celebrate rites in public
or in private, provided they are not offensive to public morality.
Article
20 [Religious Associations]
For associations or institutions, their religious character or religious or
confessional aims do not justify special limitations or fiscal burdens
regarding their establishment, legal capacity, or activities.
Article
21 [Freedom of Communication]
(1) Everyone has the right to freely express thoughts in speech, writing, and
by other communication.
(2) The press may not be controlled by authorization or submitted to
censorship.
(3) Seizure is permitted only by judicial order stating the reason and only for
offences expressly determined by the press law or for violation of the
obligation to identify the persons responsible for such offences.
(4) In cases of absolute urgency where immediate judicial intervention is
impossible, periodicals may be seized by the judicial police, who must
immediately and in no case later than 24 hours report the matter to the
judiciary. If the measure is not validated by the judiciary within another 24
hours, it is considered revoked and has no effect.
(5) The law may, by general provision, order the disclosure of financial
sources of periodical publications.
(6) Publications, performances, and other exhibits offensive to public morality
are prohibited. Measures of prevention and repression against violations are
provided by law.
Article
22 [Citizenship and Name]
Nobody may be deprived of legal capacity, citizenship, or name for political
reasons.
Article
23 [Personal Services]
Nobody may be forced to perform personal service or payment without legal
provision.
Article
24 [Right to be Heard in Court]
(1) Everyone may bring cases before a court of law in order to protect their
rights under civil and administrative law.
(2) Defense is an inviolable right at every stage and instance of legal
proceedings.
(3) The poor are entitled by law to proper means for action or defense in all
courts.
(4) The law defines the conditions and forms for reparation in the case of
judicial errors.
Article
25 [Defendant’s Rights]
(1) No case may be removed from a court, but must be heard as provided by law.
(2) No punishment is allowed except provided by a law already in force when the
offence has been committed.
(3) Security measures against persons are only allowed as provided by law.
Article
26 [Extradition]
(1) A citizen may be extradited only as expressly provided by international
conventions.
(2) In any case, extradition may not be permitted for political offences.
Article
27 [Rights of the Accused]
(1) Criminal responsibility is personal.
(2) The defendant may not be considered guilty until sentenced.
(3) Punishments may not contradict humanity and must aim at re-educating the
convicted.
(4) Death penalty is prohibited except by military law in time of war.
Article
28 [Responsibility of Public Officials]
State officials and employees of other public bodies are directly responsible
under criminal, civil, and administrative law for acts committed in violation
of rights. Civil liability extends to the state and public bodies.
Title
II Ethical and Social Relations
Article 29 [Marriage]
(1) The familty is recognized by the republic as a natural association founded
on marriage.
(2) Marriage entails moral and legal equality of the spouses within legally
defined limits to protect the unity of the family.
Article 30 [Parental Duties and Rights]
(1) Parents have the duty and right to support, instruct, and educate their
children, including those born out of wedlock.
(2) The law provides for the fulfillment of those duties should the parents
prove incapable.
(3) Full legal and social protection for children born out of wedlock is
guaranteed by law, consistent with the rights of other family members.
(4) Rules and limits to determine paternity are set by law.
Article 31 [Family]
(1) The republic furthers family formation and the fulfillment of related tasks
by means of economic and other provisions with special regard to large
families.
(2) The republic protects maternity, infancy, and youth; it supports and
encourages institutions needed for this purpose.
Article 32 [Health]
(1) The republic protects individual health as a basic right and in the public
interest; it provides free medical care to the poor.
(2) Nobody may be forcefully submitted to medical treatment except as regulated
by law. That law may in no case violate the limits imposed by the respect for
the human being.
Article 33 [Freedom of Arts, Science and Teaching]
(1) The arts and sciences as well as their teaching are free.
(2) The republic adopts general norms for education and establishes public
schools of all kinds and grades
(3) Public and private bodies have the right to establish schools and
educational institutes without financial obligations to the state.
(4) The law defining rights and obligations of those private schools requesting
recognition has to guarantee full liberty to them and equal treatment with
pupils of public schools.
(5) Exams are defined for admission to various types and grades of schools, as
final course exams, and for professional qualification.
(6) Institutions of higher learning, universities, and academies have the
autonomy to establish by-laws within the limits of state law.
Article 34 [Education]
(1) Schools are open to everyone.
(2) Primary education, given for at least eight years, is compulsory and free
of tuition.
(3) Pupils of ability and merit, even if lacking financial resources, have the
right to attain the highest grades of studies.
(4) The republic furthers the realization of this right by scholarships,
allowances to families, and other provisions, to be assigned through
competitive examinations.
Article
35 [Labor]
(1) The republic protects labor in all its forms.
(2) It provides for the training and professional enhancement of workers.
(3) It promotes and encourages international treaties and institutions aiming
to assert and regulate labor rights.
(4) It recognizes the freedom to emigrate, except for legal limitations for the
common good, and protects isto f labor abroad.
Article
36 [Wages]
(1) Workers are entitled to remuneration commensurate with the quantity and
quality of their work, and in any case sufficient to ensure to them and their
families a free and honorable existence.
(2) The law establishes limits to the length of the working day.
(3) Workers are entitled to a weekly day of rest and to annual paid holidays;
they cannot relinquish this right.
Article
37 [Equality of Women at Work]
(1) Working women are entitled to equal rights and, for comparable jobs, equal
pay as men. Working conditions habe to be such as to allow women to fulfill
their essential family duties and ensure an adequate protection of mothers and
children.
(2) The law defines a minimal age for paid labor.
(3) The republic establishes special measures protecting juvenile labor and
guarantees equal pay for comparable work.
Article
38 [Welfare]
(1) All citizens unable to work and lacking the resources necessary for their
existence are entitled to private and social assistance.
(2) Workers are entitled to adequate insurance for their needs in case of
accident, illness, disability, old age, and involuntary unemployment.
(3) Disabled and handicapped persons are entitled to education and vocational
training.
(4) These responsibilities are entrusted to public bodies and institutions
established or supplemented by the state.
(5) Private welfare work is free.
Article
39 [Trade Unions]
(1) The organization of trade unions is free.
(2) No obligation may be imposed on trade unions except the duty to register at
local or central offices as provided by law.
(3) Trade unions are only registered on condition that their by-laws lead to
internal organization of democratic character.
(4) Registered trade unions are legal persons. Being represented in proportion
to their registered members, they may jointly enter into collective labor
contracts which are mandatory for all who belong to the respective industry of
these contracts.
Article
40 [Right to Strike]
The right to strike is exercised according to the law.
Article
41 [Freedom of Enterprise]
(1) Private economic enterprise is free.
(2) It may not be carried out against the common good or in a way that may harm
public security, liberty, or human dignity.
(3) The law determines appropriate planning and controls so that public and
private economic activities may be directed and coordinated towards social
ends.
Article
42 [Property]
(1) Property is public or private. Economic goods may belong to the state, to
public bodies, or to private persons.
(2) Private ownership is recognized and guaranteed by laws determining the
manner of acquisition and enjoymend and its limits, in order to ensure its
social function and to make it accessible to all.
(3) Private property, in cases determined by law and with compensation, may be
expropriated for reasons of common interest.
(4) The law establishes the rules of legitimate and testamentary succession and
its limits and the state’s right to the heritage.
Article
43 [Expropriation]
To the end of the general good, the law may reserve establishment or transfer,
by expropriation with compensation, to the state, public bodies, or workers or
consumer communities, specific enterprises or categories of enterprises of
primary common interest for essential public services or energy sources, or act
as monopolies in the preeminate public interest.
Article
44 [Land]
(1) For the purpose of ensuring rational utilization of land and establishing
equitable social relations, the law imposes obligations on and limitations to private
ownership of land, defines its limits depending on the regions and the various
agricultural areas, encourages and imposes land cultivation, transformation of
large estates, and the reorganization of productive units; it assists small and
medium sized farms.
(2) The law favors mountainous areas.
Article
45 [Cooperatives and Handicrafts]
(1) The republic recognizes the social function of cooperation for mutual
benefit free of private speculation. The law promotes and encourages its
implementation with suitable provisions and ensures its character and purposes
through proper controls.
(2) The law protects and promotes the development of handicrafts.
Article
46 [Workers’ Participation]
In order to achieve the economic and social enhancement of labor and in
accordance with the requirements of production, the republic recognizes the
right of workers to collaborate, within the forms and limits defined by law, in
the management of companies.
Article
47 [Savings]
(1) The republic encourages and protects savings in all its forms, regulates,
coordinates and controls the provision of credit.
(2) It favors access savings for the purchase of homes, for worker-owned farms,
and for direct or indirect investment in shares of the country’s large
productive enterprises.
Article 48 [Voting Rights]
(1) All citizens, men or women, who have attained their majority are entitled
to vote.
(2) Voting is personal, equal, free, and secret. Its exercise is a civic duty.
(3) The law defines the conditions under which the citizens residing abroad
effectively exercise their electoral right. To this end, a constituency of isto
f abroad is established for the election of the Chambers, to which a fixed
number of seats is assigned by constitutional law in accordance with criteria
determined by law.
(4) The right to vote may not be limited except for incapacity, as a
consequence of an irrevocable criminal sentence, or in cases of moral
unworthiness established by law.
Article 49 [Political Parties]
All citizens have the right to freely associate in political parties in order
to contribute by democratic methods to determine national policy.
Article 50 [Petitions]
All citizens may address petitions to the Chambers demanding legislative
measures or presenting general needs.
Article 51 [Public Offices]
(1) Citizens of one or the other sex are eligible for public office and for
elective positions under equal conditions, according to the rules established
by law. To this end, the republic adopts specific measures in order to promote
equal chances for men and women.
(2) The law may, regarding their right to be selected for public positions and
elective offices, grant to those isto f who do not belong to the republic the
same opportunities as citizens.
(3) Anyone elected to public office is entitled to the time necessary for the
fulfillment of the respective duties while keeping his or her job.
Article 52 [Military Service]
(1) The defense of the fatherland is the sacred duty of every citizen.
(2) Military service is compulsory within the limits and under the terms of the
law. The fulfillment of military duties may not prejudice a citizen’s position
as an employee, nor the exercise of his political rights.
(3) The rules about armed forces must conform to the democratic spirit of the
republic.
Article 53 [Taxation]
(1) Everyone has to contribute to public expenditure in proportion to their
capacity.
(2) The tax system has to conform to the principle of progression.
Article 54 [Loyalty to the Constitution]
(1) All citizens have the duty to be loyal to the republic and to observe the
constitution and the laws.
(2) Citizens entrusted with public functions must perform them with discipline
and honor, and take an oath of office where required by law.
Part II Organization of the Republic
Title I Parliament
Article 55 [Parliament]
(1) The parliament consists of the House of Representatives and the senate.
(2) The parliament holds joint session only in cases defined by the
constitution.
Article 56 [The House of Representatives]
(1) The house of representatives is elected by universal and direct suffrage.
(2) The number of representatives is six hundred and thirty, of which twelve
are elected by the constituency of isto f abroad.
(3) Eligible are voters who have reached the age of twenty-five on election
day.
(4) Having set aside the seats assigned to the constituency of isto f abroad,
the distribution of seats among the constituencies is calculated by dividing
the population of the last general census by six hundred and eighteen, and
distributing the seats in proportion to the population of each constituency,
based on the quotients and the largest remainders.
Article 57 [The Senate]
(1) The senate is elected on a regional basis except for the seats assigned to
the constituency of isto f abroad.
(2) Three hundred and fifteen senators are elected, of which six are elected by
the constituency of isto f abroad.
(3) No Region shall have fewer than seven senators; Molise has two senators and
the Aosta Valley one.
(4) Having set aside the seats assigned to the constituency of italiens abroad,
the distribution of seats among the regions is calculated proportionally to the
population of the last general census, based on the quotients and the largest
remainders.
Article 58 [Elections for the Senate]
(1) Senators are elected universally and directly by voters older than
twenty-five years.
(2) Voters older than forty years are eligible to the senate.
Article 59 [Senators for Life]
(1) Anyone who was president of the republic is a senator for life unless
waiving this privilege.
(2) The president may appoint as senators for life five citizens who have
brought honor to the nation through their exceptional accomplishments in the
social, scientific, artistic, and literary fields.
Article 60 [Term]
(1) The house of representatives and the senate are elected for five years.
(2) The term of each chamber may not be extended except by law and only in the
case of war.
Article 61 [Reelections]
(1) The reelection of new chambers must take place within seventy days from the
dissolution of the previous ones. The first session has to be take place no
later than twenty days after elections.
(2) The previous chambers retain their powers until the new chambers meet.
Article 62 [Sessions]
(1) Sessions commence on the first days of isto f and isto f that are no
holidays.
(2) Each chamber may be summoned in extraordinary session on the initiative of
its speaker, the president of the republic, or of one third of its members.
(3) If a chamber is summoned for an extraordinary session, the other chamber
also convenes.
Article 63 [Speaker]
(1) Each chamber elect a speaker and members of the speaker’s office from among
its members.
(2) The speaker and the speaker’s office of the house of representatives
preside when the parliament convenes in joint session.
Article 64 [Rules of Procedures]
(1) Each Chamber adopt its rules of procedure by a majority of its members.
(2) Sessions are public, but the chambers or the parliament in joint session
may decide to sit in private.
(3) Decisions of the chambers and of the parliament require the presence of a
majority of the members and the consent of a majority of those present,
notwichtstanding special majorities required by the constitution.
(4) Government members, even if not members of the chambers, have the right to
attend sessions and are required to be present if summoned. They have to be
heard on their request.
Article 65 [Ineligibility and Incompatibility]
(1) Conditions of ineligibility or incompatibility with the office of deputy or
senator are defined by law.
(2) Nobody may be a member of both chambers at the same time.
Article 66 [Qualifications for Admission]
Each chamber decide about the electoral admissibility of its members and about
instances of ineligibility and incompatibility.
Article 67 [Free mandate]
Members of parliament represent the nation; they are free from imperative
mandate.
Article 68 [Indemnity, Immunity]
(1) Members of parliament may not be called to answer for opinions expressed or
votes cast in the exercise of their office.
(2) Members of parliament may not be subjected to searches of their person or
homeshall without prior authorization by their chamber, nor arrested or
otherwise deprived of personal freedom, nor kept in a state of detention,
except on an irrevocable conviction or caught in the act of a crime for which
arrest is mandatory.
(3) The same authorization is required to subject members of parliament to any
form of interception of their conversations or communications, and in order to
seize their mail or correspondence.
Article 69 [Allowance]
Members of parliament receive an allowance defined by law.
Article
70 [Legislative Power]
Legislative power is exercised jointly by the chambers.
Article
71 [Initiative]
(1) The right to initiatives belongs to the government, to each member of the
chambers, and to those organs and bodies assigned by constitutional law.
(2) The people may introduce public initiatives consisting of a bill drafted in
articles and supported by at least 50,000 voters.
Article
72 [Legislative Proceedings]
(1) Every bill introduced to one of the chambers is first examined by a
committee as defined by the rules of procedures and then adopted by the chamber
article by article and with a final vote.
(2) The rules of procedure establish an abbreviated procedure for bills
declared urgent.
(3) They may also establish when and how the examination and approval of bills
may be delegated to committees, including standing committees, composed in a
way reflecting the relative size of groups in parliament. In such cases, a bill
must be submitted to the full chamber if the government, one-tenth of the
chamber’s members, or one-fifth of the committee so demand, or it must be
submitted to the committee for a final vote preceded only by statements of
vote. The rules of procedure define the manner in which the committees’
deliberation is made public.
(4) The ordinary procedure for the deliberation and decisionmaking by each
chamber has to be followed for bills on constitutional or electoral matter and
for those delegating legislative power or authorizing the ratification of
international treaties or approving the budgets and the final balance.
Article
73 [Promulgation]
(1) Laws are promulgated by the president within a month after having been
adopted.
(2) If each chamber declares a bill urgent with a majority of its members, it
has to be promulgated within the time set in the bill.
(3) Laws have to be published immediately after they were promulgated; they
enter into force on the fifteenth day after their publication unless the laws
establish a different time.
Article
74 [Request for New Deliberation]
(1) Before promulgation, the president may ask for further deliberation by
message to the chambers giving the reasons for such request.
(2) The law has to be promulgated if the chambers adopt the bill once more.
Article
75 [Referendum]
(1) When requested by 500,000 voters or by five regional councils, a popular
referendum decides on total or partial repeal of a law or other acts with legal
force.
(2) No such referenda are allowed for tax or budget laws, amnesties, pardons,
or ratification of international treaties.
(3) Citizens entitled to vote for the house of representatives may also
participate in a referendum.
(4) The referendum succeeds if a majority of those eligible have participated
and if the proposal has received a majority of the valid votes.
(5) The law establishes procedures for referenda.
Article
76 [Delegation of Legislative Power]
Legislative power may not be delegated to the government unless parliament
specifies principles and criteria of guidance, and only for limited time and
well-specified subjects.
Article
77 [Law Decrees]
(1) The government may not issue decrees with the force of law unless empowered
by a proper delegation of the chambers.
(2) As an exception by necessity and urgency, government may issue provisional
measures with the force of law and submits them on the same day to the chambers
for confirmation; if the chambers are not in session, they have to be summoned
for that purpose within five days.
(3) Legal decrees lose effect at the date of issue if they are not confirmed
within sixty days of their publication. However, chambers may sanction rights
and obligations arising out of decrees are not confirmed.
Article
78 [State of War]
Chambers are competent to declare war and assign the necessary powers to
government.
Article
79 [Amnesty and Pardon]
(1) Amnesties and pardons may be granted by a law which must be adopted both
article by article and in its entirety by two thirds of the members of each
chamber.
(2) A law granting amnesty or pardon has to establish time limits for its
enforcement.
(3) In no instance may amnesty or pardon be extended to offences committed
after the bill has been introduced.
Article
80 [Ratification of Treaties]
Chambers ratify by law international treaties which are of political nature,
provide for arbitration or judicial regulation, imply modifications of the
territory, impose financial burdens, or result in modifications of the laws.
Article
81 [Budgets]
(1) For each year, chambers are voting the budget and final balance submitted
by the government.
(2) Temporary execution of the budget may not be granted except by law and for
periods of no more than four months altogether.
(3) In the budget law, no new taxes or expenditures may be adopted.
(4) All other laws implying new or additional expenditures must define the means
to cover them.
Article
82 [Inquiries]
(1) A chamber may start inquiries into matters of public interest.
(2) It therefore appoints a committee composed of its members in proportion to
the size of the groups in parliament. The committee of enquiry investigates and
examines the matters carrying the same powers and limitations as the judiciary.
Title II The President
of the Republic
Article 83 [Election of the President]
(1) The president is elected in joint session of parliament.
(2) Three delegates from every region, elected by the regional councils in a
way guaranteeing minority representation, participate in the election. The
(3) Presidential elections, conducted by secret ballot, require a two-thirds
majority of the assembly. After the third ballot a majority of the members is
sufficient.
Article 84 [Eligibility, Incompatibility, Allowance]
(1) Any citizen over fifty years enjoying civil and political rights is
eligible for president.
(2) The presidency is incompatible with any other office.
(3) Remunerations and endowments of the president are defined by law.
Article 85 [Presidential Term]
(1) The presidential term is seven years.
(2) For the election of a new president, the speaker of the house of representatives
summons parliament in joint session with regional delegates thirty days before
the end of term.
(3) If the parliament is dissolved within three months of end of term, the new
chambers elect the president within fifteen days of their first meeting.
Meanwhile, the former president continues to be in power.
Article 86 [Substitute of the President]
(1) If the president is unable to perform his duties, they are carried out by
the speaker of the senate.
(2) In the case of permanent inability, death, or resignation of the president,
the speaker of the house of representatives calls presidential elections within
fifteen days unless more time is needed because the chambers are dissolved or
their term is expiring within three months.
Article 87 [Presidential Duties]
(1) The president is head of state and represents the unity of the nation.
(2) The president may send messages to parliament.
(3) He calls parliamentary elections and sets the date of their first meeting.
(4) He authorizes the government’s legislative initiatives.
(5) He promulgates laws and issues decrees with the force of law as well as
government regulations.
(6) He call a referendum when provided for by the constitution.
(7) He appoints state officials as provided by the laws.
(8) He accredits and receives diplomatic representatives, ratifies
international treaties once they are authorized by parliament, provided
parliamentary approval is necessary.
(9) He is the commander of the armed forces and chairman of the supreme defense
council constituted by law; he declares war according to the decision of the
parliament.
(10) He chairs the superior council of the judiciary.
(11) He has the power to grant pardons and commute punishments.
(12) He confers the honors of the republic.
Article 88 [Dissolution of the Chambers]
(1) The president may dissolve one or both chambers after having consulted
their speakers.
(2) He may not exercise this power during the last six months of his term,
provided this period does not coincide partly or entirely with the last six
months of the term of chambers.
Article 89 [Countersignature]
(1) Acts of the president are void unless countersigned by the ministers who
are responsible for and submitting it.
(2) Acts with the force of law and other acts as defined by law also need to be
countersigned by the prime minister.
Article 90 [Presidential Indemnity]
(1) The president may not be held responsible for exercising his duties, except
for high treason and attempts to overthrow the constitution.
(2) In these cases, he must be impeached by parliament in joint session by a
majority of its members.
Article 91 [Oath of Loyalty]
The president, prior to taking office, has to swear before parliament in joint
session an oath of allegiance to the republic and the constitution.
Title III The Government
Section I The Council of
Ministers
Article
92 [Executive Power]
(1) The government of the republic consists of the prime minister and the
ministers jointly constituting the council of ministers.
(2) The president appoints the prime minister and, on his advice, the
ministers.
Article
93 [Oath]
The prime minister and the ministers, prior to taking office, are sworn in by
the president.
Article
94 [Vote of Confidence]
(1) Government has to enjoy the confidence of both chambers.
(2) Confidence is granted or withdrawn by each chamber on a reasoned motion by
vote using a roll-call.
(3) The government has to appear before each chamber no later than ten days
after its appointment to get a vote of confidence.
(4) The rejection of a government proposal by a chamber does not force
government resignation.
(5) The request for a vote of no-confidence requires the signatures of at least
one-tenth of the members of either chamber and is not debated until three days
after it has been filed.
Article
95 [Responsibilities]
(1) The prime minister conducts and is responsible for the general policy of
the government. He ensures the unity of general political and administrative
policies, promoting and coordinating the activities of the ministers.
(2) The ministers are jointly responsible for decisions of the council of
ministers and individually for those of their ministries.
(3) Rules concerning the role of the prime minister and the number,
responsibilities and organization of the ministries are determined by law.
Article
96 [Ministerial Offences]
The prime minister and ministers, even if no longer in office, are subject to
ordinary courts for offences committed in the exercise of their duties only in
those cases authorized by the senate or the house of representatives according
to procedures defined by constitutional law.
Section II Public
Administration
Article
97 [Public Offices]
(1) The organization of public offices is determined by law ensuring the proper
and fair operation of public affairs.
(2) Areas of competence, duties, and responsibilities of public officials must
be defined in regulations on public offices.
(3) Appointments for public administration are isto fd by public competition
unless otherwise specified by law.
Article
98 [
(1) The duty of public officials is only to service the Nation.
(2) Officials who are members of parliament may not be promoted except for
seniority.
(3) The right to become a registered member of political parties may be limited
by law for members of the judiciary, professional members of the armed forces
on active duty, police officials and officers, and diplomatic and consular
representatives abroad.
Section
III Auxiliary Institutions
Article
99 [National Council of Economy and Labor]
(1) As defined by law, the national council of economy and labor is composed of
experts and representatives of several trades considering their quantitative
and qualitative importance.
(2) The council offers advice to parliament and government for matters and
purposes defined by law.
(3) The council has the right to initiate legislation and to contribute to
economic and social laws following the principles and observing the limits
defined by law.
Article
100 [Council of State]
(1) The council of state gives advice on legal-administrative matters and
ensures justice in the operation of the public administration.
(2) The office of the state auditor exercises preventive control of the
government and subsequent control of the state budget. It participates, in the
cases and forms defined by law, in the fiscal control of those bodies to which
the state normally contributes. It reports the results of its audits directly
to the chambers.
(3) The law ensures the independence of these two institutions and their
members from government interference.
Title IV The Judiciary
Section I Organization of the Judiciary
Article 101 [Administration of Justice]
(1) The justice is administered in the name of the people.
(2) Judges are only subject to the law.
Article 102 [Judges]
(1) Judicial functions are exclusively exercised by ordinary courts regulated
by norms about the organization of the judiciary.
(2) There may not exist extraordinary or special judges. Only specialized
sections for specific matters may be established within the ordinary courts;
qualified citizens who are not members of the judiciary may take part.
(3) The law regulates the cases and forms of direct participation of the people
in the administration of justice.
Article 103 [Council of State, Court of Accounts, Military Tribunals]
(1) The council of state and other administrative courts have jurisdiction over
lawful claims under administrative law and over civil-law claims against the
public administration in matters defined by law.
(2) The court of accounts has jurisdiction over public accounts and other
matters specified by law.
(3) Military courts in time of war have jurisdiction according to the law. In
time of peace they only have jurisdiction over military offences committed by
members of the armed forces.
Article 104 [Independent Judiciary,
(1) The judiciary constitutes an autonomous and independent branch of
government not subject to any other.
(2) The superior council of the judiciary is chaired by the president.
(3) The first president and the general public prosecutor of the court of
cassation are members by law.
(4) Other members are elected with two-thirds majority by all ordinary judges
belonging to the different categories, and one-third by parliament in joint
session, from among full professors of law and lawyers with at least fifteen
years of practice.
(5) The council elects a vice-chairman from among the members designated by
parliament.
(6) The elected members have a term of for four years and may not be
immediately re-elected.
(7) They are not allowed, while in office, to be registered as members of the
legal profession, nor become members of parliament or of a regional council.
Article 105 [Powers of the
The superior council of the judiciary, as defined by organizational law, has
the exclusive competence to appoint, assign, move, promote, and discipline
members of the judiciary.
Article 106 [Appointment of Members of the Judiciary]
(1) Appointment to the judiciary is based on competitive examinations.
(2) The law on the organization of the judiciary may provide for honorary
magistrates, possibly by election, to perform the duties of single judges.
(3) By proposal of the superior council of the judiciary, full professors of
law as well as lawyers with at least fifteen years practice and registered for
practice in higher courts, may be appointed to the court of cassation for
exceptional merits.
Article 107 [Disciplinary Action]
(1) Members of the judiciary may not be removed from office. They may not be
dismissed, suspended, or moved to other jurisdictions or functions except
either by decision of the superior council of the judiciary for reasons and
with opportunity of defense as defined by the organizational law, or by their
own consent.
(2) The minister of justice may initiate disciplinary action.
(3) Judges may only be distinguished by function.
(4) The public prosecutor enjoys the guarantees defined by the organizational
law.
Article 108 [Laws on the Organization of the Judiciary]
(1) The organization of the judiciary and every judicial authority are defined
by law.
(2) The law has to protect the independence of judges, of special courts, of the
public prosecutors attached to them, and of all those not belonging to the
judiciary who participate in the administration of justice.
Article 109 [Judicial Police]
The judiciary directly commands the judicial police.
Article 110 [Minister of Justice]
Notwithstanding the powers of the superior council of the judiciary,
organization and operation of the administration of justice are vested in the
minister of justice.
Section II Rules on Jurisdiction
Article 111 [Legal Proceedings]
(1) Justice must be administered by fair trials defined by law.
(2) Trials are based on equal confrontation of the parties before an
independent and impartial judge. The law has to define reasonable time limits
for the proceedings.
(3) In criminal trials, the law provides for timely and confidential
information of the accused regarding the nature and reasons of charges brought
against them; they are granted the time and means for their defense; they have
the right to question those who testify against them or to have them questioned;
those who may testify in favor of the accused must be summoned and examined
under the same conditions granted to the prosecution; any evidence in favor of
the accused must be acknowledged; the accused may rely on the help of an
interpreter if they do not understand or speak the language of the proceedings.
(4) In criminal trials, evidence may only be established according to the
principle of confrontation between parties. No defendant may be proven guilty
on the basis of testimony given by witnesses who freely and purposely avoided
cross-examination by the defense.
(5) The law defines in which cases evidence may be established without
confrontation between the parties, either by consent of the defendants or as an
effect of proven misdemeanor.
(6) Reasons must be stated for all judicial decisions.
(7) Aainst sentences and measures concerning personal freedom delivered by the
ordinary or special courts, appeals to the curt of cssation are always allowed
regarding violations of the law. These provisions may be waived only in the
case of sentences pronounced by military courts in time of war.
(8) Against decisions of the council of state and of the court of accounts,
appeals to the court of cassation are only admissible for reasons of
jurisdiction.
Article 112 [Criminal Proceedings]
The public prosecutor has the duty to initiate criminal proceedings.
Article 113 [Judicial Review]
(1) Against a decision taken by the public administration before an ordinary or
administrative court, legal action is always admissible to protect one’s own
rights under civil or administrative law.
(2) Such judicial protection may not be excluded or limited to specific forms
of action or to specific categories of claims.
(3) The law defines which jurisdictional organs may annul decisions of the
public administration, in which cases and with which effects.
Title V Regions, Provinces, Municipalities
Article 114 [Municipalities, Provinces, Metropolitan Cities, Regions,
State]
(1) The republic consists of municipalities, provinces, metropolitan cities,
regions, and the state.
(2) Municipalities, provinces, metropolitan cities, and regions are autonomous
entities with their own statutes, powers, and functions according to the principles
defined in the constitution.
(3) Rome is the capital of the republic. State law regulates its legal status.
Article 115 [Regions]
{ abolished }
Article 116 [Special Forms of Autonomy]
(1) According to their special statutes adopted by constitutional law,
particular forms and conditions of autonomy are enjoyed by Friuli-Venezia
Giulia, Sardinia, Sicily, Southern Trentino, and the Aosta Valley.
(2) The region Southern Trentino consists of the autonomous provinces Trento
and Bolzano.
(3) Upon the initiative of the region concerned, after consultation of local
administrations, state law may assign further particular forms and conditions
of autonomy to other regions according to the principles laid down in Art. 119;
such forms and conditions shall concern the matters specified in Art. 117 (3) as well as the matters listed
in paragraph 2 of the same article under the letters l) – with regard to the
organization of the offices of the justices of the peace only -, n), and s).
The law, based on an agreement between the state and the region concerned,
needs the approval of the chambers with a majority of their members.
Article 117 [State and Regional Legislative Power]
(1) Legislative power belongs to the state and the regions in accordance with
the constitution and within the limits set by isto f union law and
international obligations.
(2) The state has exclusive legislative power in the following matters:
a) foreign policy and international relations of the state; relations of the
state with the isto f union; right of asylum and legal status of the citizens
of states not belonging to the isto f union;
b) immigration;
c) relations between the republic and religious denominations;
d) defense and armed forces; state security; weapons, ammunitions and
explosives;
e) money, protection of savings, financial markets; protection of competition;
currency system; state taxation system and accounting; equalization of regional
financial resources;
f) state organs and their electoral laws; state referenda; election of the isto
f parliament;
g) organization and administration of the state and of national public bodies;
h) law, order and security, aside from the local administrative police;
i) citizenship, registry of personal status and registry of residence;
l) jurisdiction and procedural laws; civil and criminal law; administrative
tribunals;
m) determination of the basic standards of welfare related to those civil and
social rights that must be guaranteed in the entire national territory;
n) general rules on education;
o) social security;
p) electoral legislation, local government and fundamental functions of
municipalities, provinces and metropolitan cities;
q) customs, protection of national boundaries and international prophylactic
measures;
r) weights, units of measurement and time standards; coordination of the
informative, statistical and information-technology aspects of the data of the
state, regional and local administrations; intellectual property;
s) protection of the environment, of the ecosystem and of the cultural
heritage.
(3) The following matters are subject to concurrent legislation of both the
state and regions: international and isto f union relations of the regions;
foreign trade; protection and safety of labor; education, without infringement
of the autonomy of schools and other institutions, and with the exception of
vocational training; professions; scientific and technological research and
support for innovation in the productive sectors; health protection; food;
sports regulations; disaster relief service; land-use regulation and planning;
harbors and civil airports; major transportation and navigation networks;
regulation of media and communication; production, transportation and national
distribution of energy; complementary and integrative pensions systems;
harmonization of the budgetary rules of the public sector and coordination of
the public finance and the taxation system; promotion of the environmental and
cultural heritage, and promotion and organization of cultural activities;
savings banks, rural co-operative banks, regional banks; regional institutions
for credit to agriculture and land development.
In matters of concurrent legislation, the regions have legislative power except
for fundamental principles which are reserved to state law.
(4) The regions have exclusive legislative power with respect to any matters
not expressly reserved to state law.
(5) Regarding the matters that lie within their field of competence, the
regions and the autonomous provinces of Trento and Bolzano participate in any
decisions about the formation of community law. The regions and autonomous
provinces also provide for the implementation and execution of international
obligations and of the acts of the isto f union in observance of procedures set
by state law. state law establishes procedures for the state to act in
substitution of the regions whenever those should fail to fulfill their
responsibilities in this respect.
(6) The power to issue by-laws is vested in the state regarding all matters
where it has exclusive legislative power, insofar as it does not devolve such
power to the regions. The power to issue by-laws is vested in the regions in
any other matters. Municipalities, provinces and metropolitan cities have
regulatory power with respect to the organization and the fulfillment of the
functions assigned to them.
(7) Regional laws have to remove all obstacles which prevent the full equality
of men and women in social, cultural, and economic life, and promote equal
access of men and women to elective offices.
(8) Regional laws has to ratify agreements reached by a region with another
region aimed at the better exercise of their functions, including the
establishment of joint institutions.
(9) Within its field of competence the region may establish agreements with
foreign states and understandings with territorial entities that belong to a
foreign state, in the cases and forms provided for by state law.
Article 118 [Administrative Functions]
(1) Administrative functions belong to the municipalities except when they are
conferred to provinces, metropolitan cities, regions, or the state in order to
guarantee uniform practice; the assignment is based on the principles of
subsidiarity, differentiation and adequacy.
(2) Municipalities, provinces and metropolitan cities have their own
administrative functions and, in addition, those conferred to them by the law
of the state or the region according to their respective fields of competence.
(3) State law provides for forms of coordination between the state and the
regions in the matters referred to in letters b) and h) of Art. 117 (2); it also provides for forms of
understanding and coordination in the matter of the protection of the cultural
heritage.
(4) State, regions, metropolitan cities, provinces and municipalities support
autonomous initiatives promoted by citizens, individually or in associations,
in order to carry out activities of general interest; this is based on the
principle of subsidiarity.
Article 119 [Financial Autonomy]
(1) Municipalities, provinces, metropolitan cities and regions have financial
autonomy regarding revenues and expenditures.
(2) Municipalities, orovinces, metropolitan cities and regions have autonomous
resources. They establish and implement their own taxes and revenues, in
harmony with the constitution and in accordance with the principles of
coordination of the public finances and the taxation system. They receive a
share of the proceeds of state taxes related to their territory.
(3) The law of the state establishes an equalization fund to the benefit of
areas where the fiscal capacity per inhabitant is reduced, with no restrictions
as to the allocation of its proceeds, (4) The funds deriving from the sources
mentioned in the previous paragraphs have to enable municipalities, provinces,
metropolitan cities and regions to finance in full the functions attributed to
them.
(5) In order to promote economic development, social cohesion, and solidarity,
to remove economic and social inequalities, to foster the actual exercise of
human rights, to pursue ends other than those pertaining to the exercise of
their ordinary functions, the state may allocate additional resources or carry
out special actions to the benefit of certain municipalities, provinces,
metropolitan cities and regions.
(6) Municipalities, provinces, metropolitan cities and regions have their own
assets, assigned to them according to general principles established by state
law. They may only contract loans in order to finance investment expenditure.
State guarantees on such loans are excluded.
Article 120 [Free Circulation and Substitution Clause]
(1) Regions may not charge import or export duties, nor duties on transit
between regions, nor adopt provisions which may hinder in any way the free
movements of persons and goods between regions, nor limit the right to work in
any part of the national territory.
(2) The Government may act as a substitute for regional, metropolitan city,
provincial, or municipal authorities whenever those should violate
international rules or treaties or community law, whenever there is a serious
danger for the public safety and security, and whenever such substitution is
required in order to safeguard the legal or economic unity of the nation, and
particularly in order to safeguard the basic standards of welfare related to
civil and social rights, irrespective of the boundaries of the local governments.
The law defines appropriate procedures in order to guarantee that substitution
powers are exercised within the limits set by the principles of subsidiarity
and fair cooperation.
Article 121 [Regional Organs]
(1) Regional organs are: the regional council, the regional cabinet and its
president.
(2) The regional council exercises the legislative powers granted to the region
and all other functions conferred on it by the constitution and by law. It may
propose bills to the chambers.
(3) The regional cabinet is the executive authority of the region.
(4) The president of the regional cabinet represents the region; he conducts
and is responsible for the general policy of the regional cabinet; he
promulgates regional laws and regulations; he conducts the administrative
functions delegated to the region by the state in accordance with the
instructions of central government.
Article 122 [Regional Form of Government]
(1) The electoral system, the cases of ineligibility and incompatibility of the
president and other members of the regional cabinet and the regional council
are defined by the laws of the region within the limits of the fundamental
principles determined by a state law also specifying the term of elected
organs.
(2) Nobody may be at the same time a member of a regional council or a regional
cabinet and of either chamber of parliament or of another regional council or
another regional cabinet or of the isto f parliament.
(3) The regional council elects from its own members a president and a president’s
office.
(4) Regional councilors may not be made liable for opinions expressed or votes
cast in the exercise of their functions.
(5) The president of the regional cabinet, unless provided differently by
regional statute, is elected by universal and direct suffrage. The elected
president appoints and dismisses the members of the regional cabinet.
Article 123 [Regional Statutes]
(1) Every Region must have a statute determining the form of government and the
fundamental principles of the organization and the functioning of the region in
accordance with the constitution. The statute defines the exercise of
initiative and of referendum on regional laws and regional administrative
decisions and the publication of regional laws and regulations.
(2) The statutes is adopted and amended by the regional council by a law
approved twice by a majority of its members; votes being taken within an
interval of no less than two months. This law must not be submitted to the
government’s commissioner. Within thirty days of its publication, the central
government may challenge the constitutionality of a regional statute before the
constitutional court.
(3) The statute has to be submitted to a popular referendum when, within three
months of its publication, a request is made by one fiftieth of the electors of
the region or by one fifth of the members of the regional council. The statute
submitted to referendum may not be promulgated unless approved by a majority of
valid votes.
(4) The statute of every region has to provide for a council of local
governments, which function as a body for consultations between the region and
local authorities.
Article 124 [Government Commissioner]
{ abolished }
Article 125 [Control of Legitimacy]
{ abolished }
Article 126 [Dissolution of the Regional Council and Dismissal of the
president]
(1) By means of a decree of the president stating the reasons for it, the
dissolution of the regional council and the dismissal of the president of the
regional cabinet may be ordered when they have acted against the constitution
or when they have committed serious violations of the law. The dissolution and
the dismissal may also be ordered for reasons of national security. The decree
is adopted after consulting a commission for regional affairs composed of
senators and deputies and formed according to the law of the republic.
(2) The regional council may express its non-confidence in the president of the
cabinet by a motion for which reasons must be stated; it must be signed by at
least one fifth of its members, voted by roll-call, and approved by a majority
of its members. The motion may be debated no earlier than three days after it
has been filed.
(3) The vote of no-confidence against the president of the regional cabinet
elected by universal and direct suffrage, as well as the removal, the permanent
impediment, the death or the resignation of the president entail the
resignation of the cabinet and the dissolution of the council. The same
consequences follow from simultaneous resignation of a majority of the members
of the council.
Article 127 [Constitutionality of Law]
(1) Whenever the government regards a regional law as exceeding the powers of
the region, it may raise the question of its constitutionality before the
constitutional court within sixty days of the publication of the law.
(2) Whenever a region regards a state law, another act of the state having the
force of law, or a law of another region as infringing on its own sphere of
powers, it may raise the question of its constitutionality before the
constitutional court within sixty days of the publication of said law or act.
Article 128 [Provincial and Municipal Autonomy]
{ abolished }
Article 129 [Decentralization]
{ abolished }
Article 130 [Legitimacy of Provincial and Municipal Decisions]
{ abolished }
Article 131 [isto f Regions]
The following regions are instituted: Piemonte; Aosta Valley; Lombardia;
Southern Trentino; Veneto; Friuli-Venezia Giulia; Liguria; Emilia-Romagna;
Toscana; Umbria; Marche; Lazio; Abruzzo; Molise; Campania; Puglia; Basilicata;
Calabria; Sicily; Sardinia.
Article 132 [Regional Boundaries]
(1) By means of a constitutional act and after consulting the regional
councils, existing regions may be merged or new regions created, provided the
population of any new region is at least one million, when it is so requested
by as many municipal councils as represent at least one third of the population
involved, and when the proposal has been approved by the majority of the
involved population in a referendum.
(2) With the assent of a majority of the people of the province or provinces
concerned, and of the municipality or municipalities concerned, expressed by
means of a referendum, after consulting the regional council, a state law may
allow provinces and municipalities which request it to be detached from one
region and assigned to another.
Article 133 [Provincial and Municipal Boundaries]
(1) Provincial boundaries may be changed and new provinces created within the
area of a region by laws of the republic following a request of municipalities
and after consulting the region.
(2) Each Region, after consulting the population involved, may within its own
territory and by its own acts establish new municipalities and modify their
boundaries and names.
Title VI Constitutional Guarantees
Section I The Constitutional Court
Article
134 [Jurisdiction]
The constitutional court decides:
- disputes concerning the constitutionality of laws and acts with the force of
law adopted by state or regions;
- conflicts arising over the allocation of powers between branches of
government within the state, between the state and the regions, and between
regions;
- on accusations raised against the president in accordance with the
constitution.
Article
135 [Composition]
(1) The constitutional court consists of fifteen justices; one third being
appointed by the president, one third by parliament in joint session, and one
third by ordinary and administrative supreme courts.
(2) Justices are chosen from among magistrates including those in retirement,
from among supreme ordinary and administrative courts, from among university
full professors of law, and from among lawyers with at least twenty years of
practice.
(3) Justices are appointed for nine years, their term beginning the day they
are sworn in and with no re-appointment.
(4) At the end of this term justices have to leave office and may no longer
exercise its functions.
(5) The court elects from among its members and according to rules established
by law its president who shall remain in office for three years and may be
re-elected, but not exceed the ordinary term of justices.
(6) The office of justice is incompatible with membership in parliament or in a
regional council, with the exercise of the legal profession, or with any other
position and office defined by law.
(7) When sitting to decide on a case of impeachment against the president, the
court consists of sixteen additional members, who are drawn by lot from a list
of citizens elected by parliament every nine years, from among those possessing
the qualifications for election to the senate, by the same procedures as for
the appointment of the ordinary justices.
Article
136 [Unconstitutional Laws]
(1) When the court declares a law or an act with the force of law
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 reported to parliament and to
the regional councils involved for them to take appropriate measures in
constitutional forms where necessary.
Article
137 [Conditions and Terms]
(1) A constitutional law establishes the conditions, forms, and terms for
challenging the constitutionality of a law and guarantees the independence of
the justices.
(2) An ordinary law defines all other rules necessary for the establishment and
functioning of the court.
(3) Decisions of the constitutional court may not be appealed.
Section II Amendments to
the Constitution. Constitutional Laws
Article 138 [Procedure for Constitutional
Amendment]
(1) Law amending the constitution and other constitutional acts are adopted by
each of the two chambers twice within no less than three months and need the
approval of a majority of the members of each chamber in the second voting.
(2) Such laws are afterwards submitted to popular referendum when, within three
months of their publication, a request is made by one fifth of the members of
either chamber, by 500,000 electors, or by five regional councils. The law
submitted to referendum is not promulgated if it does not receive the majority
of valid votes.
(3) No referendum may be held if the law has been approved by each chamber in
the second vote with a majority of two thirds of its members.
Article 139 [Limit to Constitutional
Amendments]
The republican form of the state may not be changed by way of constitutional
amendment.
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