Constitutional laws of Italy
A constitutional law, in the Italian legal system, is an Act of Parliament that has the same strength as the Constitution of Italy. This means that in case of conflicts between the Constitution and a constitutional law, the latter normally prevails, according to the legal principle that "a later law repeals an earlier law".
Constitutional laws that alter or abolish portions of the text of the Constitution are also called leggi di revisione costituzionale. They are equivalent to amendments to the Constitution of other legal systems.
Procedure
The Constitution of Italy, as a rigid constitution, overrules other laws and cannot be repealed or amended by them. Article 138 of the Constitution provides for a special procedure for the Parliament to adopt constitutional laws, including laws to amend the Constitution). Compared to other systems with rigid constitutions, the procedure to amend the Constitution of Italy is among the easiest and is a variation of the ordinary legislative procedure.The ordinary procedure to adopt a law in Italy requires both houses of parliament to approve the law in the same text by a simple majority cast. Constitutional laws start by following the same procedure, but after being approved for the first time, they must be approved by both houses a second time, at least three months later. In the second reading, no new amendments to the bill may be proposed, but the bill must be approved or rejected in its entirety.
The constitutional law needs to be approved by a majority in each house in its second reading. Depending on the results of the second vote, the constitutional law may then follow two different paths:
- If the bill is approved by a qualified majority of two thirds of members in both houses, it can be immediately promulgated by the President of Italy and become law.
- If the bill is approved by a majority of members in each house but less than the two-thirds majority, it must first be published in the Official Gazette, the official journal in which all Italian laws are published. Then, within three months after its publication, a constitutional referendum may be requested by 500,000 voters, five regional councils, or one fifth of the members of either house of parliament. If no constitutional referendum has been requested after the three months have elapsed, the bill can be promulgated and becomes law.
Constitutional referendum
Only three constitutional referendums have ever been held in Italy. In 2001, the constitutional law was approved. In 2006 and 2016, they were rejected.
Limits
There are limits to the power of Parliament to amend the Constitution. One is established by Article 139 of the Constitution itself: the form of government of Italy, a republic, cannot be amended. That limit was introduced to protect the result of the institutional referendum in 1946 in which Italians voted to abolish the monarchy. That referendum had been held at the same time as the election of the Constituent Assembly of Italy.The phrase "republican form " in Article 139 has been interpreted broadly. It is read to mean that the head of state office cannot be hereditary but also the principle of popular sovereignty is encapsulated. In other words, "republic" is interpreted to mean that the Italian Republic is also "democratic".
The Constitutional Court has also stated in multiple judgments that some principles contained in the Constitution are "supreme principles", which cannot be repealed, even by amending the Constitution. Rights that the Constitution declares to be "inviolable" are examples of those supreme principles.
List
The following table lists all constitutional laws adopted by Parliament since the coming into effect of the Constitution of 1948, including those that were later rejected in constitutional referendums.A particular category of constitutional laws is the special statutes of the autonomous regions of Italy. Since they are granted special conditions of autonomy, they are exceptions to the ordinary discipline of the Constitution, and special statutes may be adopted and amended only by constitutional laws. Those constitutional laws are marked in yellow in the table below.
| Constitutional Law | Title | Articles amended | Method of approval | Content | Official Gazette |
| No. 1, 9 February 1948 | Rules regarding judgments on constitutional legitimacy and guarantees of the Constitutional Court's independence. | Adopted by Constituent Assembly | Expands on the rules for judgments in front of the Constitutional Court and on the status of its judges. | ||
| No. 2, 26 February 1948 | Conversion into constitutional law of the Statute of the region of Sicily. | Adopted by Constituent Assembly | Adopts the special Statute for the autonomous region of Sicily. | ||
| No. 3, 26 February 1948 | Special Statute for Sardinia. | Adopted by Constituent Assembly | Adopts the special Statute for the autonomous region of Sardinia. | ||
| No. 4, 26 February 1948 | Special Statute for the Aosta Valley. | Adopted by Constituent Assembly | Adopts the special Statute for the autonomous region of Aosta Valley. | ||
| No. 5, 26 February 1948 | Special Statute for Trentino-South Tyrol. | Adopted by Constituent Assembly | Adopts the special Statute for the autonomous region of Trentino-South Tyrol. | ||
| No. 1, 11 March 1953 | Supplementary rules to the Constitution regarding the Constitutional Court. | Adopted by Parliament | Expands on the rules regarding the powers of the Constitutional Court and the election of its judges. | ||
| No. 1, 18 March 1958 | Due date of “Transitory and Final Provisions,” no. XI | Adopted by Parliament | Establishes 31 December 1963 as the deadline for Transitory and Final Provision no. XI of the Constitution. | ||
| No. 1, 9 March 1961 | Allocation of three senators to the municipalities of Trieste, Duino Aurisina, Monrupino, Muggia, San Dorligo della Valle, and Sgonico. | Adopted by Parliament | Provisionally creates a new constituency for the election of the Senate, after the annexation of Zone A of the Free Territory of Trieste with the Treaty of Osimo. | ||
| No. 1, 31 January 1963 | Special Statute of the region of Friuli-Venezia Giulia. | Adopted by Parliament | Adopts the special Statute for the region of Friuli-Venezia Giulia. | ||
| No. 2, 9 February 1963 | Amendments to Articles 56, 57, and 60 of the Constitution. | 56, 57, 60 | Adopted by Parliament | Fixes the number of elected MPs to 630 deputies and 315 senators. Changes the term of the Senate from six to five years, the same as the Chamber of Deputies. | |
| No. 3, 27 December 1963 | Amendments to Articles 131 and 57 of the Constitution and creation of the region of “Molise”. | 57, 131 | Adopted by Parliament | Splits the region of Abruzzi e Molise into two separate regions: Abruzzo and Molise. The new region of Molise is allocated two senators in the Senate. | |
| No. 1, 21 June 1967 | Extradition for crimes of genocide. | Adopted by Parliament | Establishes that Article 10, last paragraph, and Article 26, last paragraph, of the Constitution do not apply for crimes of genocide. | ||
| No. 2, 22 November 1967 | Amendment to Article 135 of the Constitution and dispositions regarding the Constitutional Court. | 135, VII | Adopted by Parliament | Changes the term of the judges of the Constitutional Court from 12 to 9 years and makes them non re-electable. Expands on the rules for the election of the Constitutional Court. | |
| No. 1, 10 November 1971 | Amendments and integrations to the special Statute for Trentino-Alto Adige. | Adopted by Parliament | Amends the special Statute for the region of Trentino-South Tyrol. | ||
| No. 1, 23 February 1972 | Amendments to the terms of the Sicilian Regional Assembly and of regional councils of Sardinia, Aosta Valley, Trentino-Alto Adige, and Friuli-Venezia Giulia. | Adopted by Parliament ; constitutional referendum not requested | Amends the special Statutes of all five autonomous regions regarding the election of their legislative bodies. | ||
| No. 1, 9 May 1986 | Amendment to Article 16 of the special Statute for Sardinia, approved with Constitutional Law no. 3 of 26 February 1948, regarding the definition of the number of members of the Regional Council. | Adopted by Parliament ; constitutional referendum not requested | Fixes the number of the members of the Regional Council of Sardinia to 80. | ||
| No. 1, 16 January 1989 | Amendments to Articles 96, 134, and 135 of the Constitution and to Constitutional Law no. 1 of 11 March 1953, and rules regarding procedure for crimes under Article 96 of the Constitution. | 96, 134, 135 | Adopted by Parliament ; constitutional referendum not requested | Abolishes the special jurisdiction of the Constitutional Court for crimes committed by prime ministers and ministers. They are now to be tried in front of ordinary courts, but with the consent of the house of parliament they belong to. | |
| No. 2, 3 April 1989 | Call for an advisory referendum to confer a constituent mandate to the European Parliament due to be elected in 1989. | Adopted by Parliament | Allows for an advisory referendum to be called on the question of transforming the European Communities into a European Union and of allowing the European Parliament to draft a European Constitution. A constitutional law was needed because the Constitution does not provide for advisory referendums. | ||
| No. 3, 12 April 1989 | Amendments and integrations to Constitutional Law no. 1 of 23 February 1972, regarding the term of office of the Sicilian Regional Assembly and of the regional councils of Sardinia, Aosta Valley, Trentino-Alto Adige, and Friuli-Venezia Giulia. Amendments to the special Statute for the Aosta Valley. | Adopted by Parliament ; constitutional referendum not requested | Amends the special Statutes of all five autonomous regions regarding the election of their legislative bodies. | ||
| No. 1, 4 November 1991 | Amendment to Article 88, second paragraph, of the Constitution. | 88 | Adopted by Parliament | Allows for an exception to the rule that the President of Italy cannot dissolve the Parliament during the last six months of his or her mandate: the prohibition does not apply if this period coincides, even in part, with the last six months of the Parliament's term. | |
| No. 1, 6 March 1992 | Amendment to Article 79 of the Constitution regarding the concession of amnesties and pardons. | 79 | Adopted by Parliament ; constitutional referendum not requested | Introduces a special procedure requiring a qualified majority of two-thirds in each house of parliament to adopt a law that grants amnesties or pardons. | |
| No. 1, 6 August 1993 | Functions of the Parliamentary Committee for Institutional Reforms and rules of the procedure to amend the Constitution. | Adopted by Parliament ; constitutional referendum not requested | Gives mandate to a bicameral parliamentary committee to draft a future amendment, regarding the second part of the Constitution and the electoral systems of the legislatures of Italy and ordinary regions. | ||
| No. 2, 23 September 1993 | Amendments and integrations to the special Statutes for the Aosta Valley, Sardinia, Friuli-Venezia Giulia, and Trentino-South Tyrol. | Adopted by Parliament ; constitutional referendum not requested | Various changes to the special Statutes of four out of five autonomous regions. | ||
| No. 3, 29 September 1993 | Amendment to Article 68 of the Constitution. | 68 | Adopted by Parliament | Grants greater immunities to Members of Parliament and prohibits the interception of Members of Parliament without the consent of the house they belong to. | |
| No. 1, 24 January 1997 | Creation of a Parliamentary Commission for Constitutional Reforms. | Adopted by Parliament | Gives mandate to a bicameral parliamentary committee to draft a future amendment, regarding the second part of the Constitution. | ||
| No. 1, 22 November 1999 | Dispositions regarding the direct election of the President of the regional government and the statutory autonomy of the regions. | 121, 122, 123, 126 | Adopted by Parliament | Grants greater autonomy to regions with ordinary statutes. In particular, ordinary statutes are now regional laws adopted with a special procedure and the regional governments follow a presidential system with a directly elected President. | |
| No. 2, 23 November 1999 | Addition of the principles of fair trial to Article 111 of the Constitution. | 111 | Adopted by Parliament | Adds the principles of fair trial to the text of Article 111 of the Constitution. | |
| No. 1, 17 January 2000 | Amendment to Article 48 of the Constitution regarding the creation of the overseas electoral district for the exercise of the right to vote of Italian citizens residing abroad. | 48 | Adopted by Parliament ; constitutional referendum not requested | Creates the overseas electoral district for the election of the Italian Parliament, reserving a number of seats in both houses to Italians residing abroad. | |
| No. 1, 23 January 2001 | Amendment to Articles 56 and 57 of the Constitution regarding the number of deputies and senators representing Italians abroad. | 56, 57 | Adopted by Parliament ; constitutional referendum not requested | Allocates twelve seats in the Chamber of Deputies and six seats in the Senate to Italians residing abroad. | |
| No. 2, 31 January 2001 | Dispositions regarding the direct election of the presidents of regions with special statute and of the autonomous provinces of Trento and Bolzano. | Adopted by Parliament ; constitutional referendum not requested | Amends the special Statutes of all five autonomous regions. It extends the direct election of the President to all autonomous regions and provinces, except for the autonomous region of Trentino-South Tyrol and the autonomous province of Bolzano. | ||
| No. 3, 18 October 2001 | Amendments to Title V of the second part of the Constitution. | 114, 115, 116, 117, 118, 119, 120, 123, 124, 125, 127, 128, 129, 130, 132 | Adopted by Parliament ; approved by constitutional referendum | Reforms the second part of the Constitution, granting greater powers and autonomy to regions with ordinary statutes. This is most extensive reform to the Constitution to date, amending ten articles and abolishing five. | |
| No. 1, 23 October 2002 | End of the effects of the first and second paragraphs of Transitory and Final Provision no. XIII of the Constitution. | XIII | Adopted by Parliament ; constitutional referendum not requested | Ends the effects of the first two paragraphs of Transitory and Final Provision no. XIII of the Constitution. | |
| No. 1, 30 May 2003 | Amendment to Article 51 of the Constitution. | 51 | Adopted by Parliament ; constitutional referendum not requested | Imposes an obbligation to the Italian Republic to take measures to ensure equal opportunities for women and men in the access to elective offices. | |
| Published in G.U. no. 269, 18 November 2005 | Amendments to the second part of the Constitution. | 55, 56, 57, 58, 59, 60, 61, 63, 64, 65, 66, 67, 69, 70, 71, 72, 73, 74, 76, 77, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 91, 92, 93, 94, 95, 96, 98, 98-bis, 104, 114, 116, 117, 118, 120, 122, 123, 126, 127, 127-bis, 127-ter, 131, 133, 116, 135, 138 | Adopted by Parliament ; rejected by constitutional referendum | Overhauls the overall system of government, giving more powers to the Prime Minister, transforming the Senate into a federal chamber, and making the Republic more federal. | |
| No. 1, 2 October 2007 | Amendment to Article 27 of the Constitution, regarding the abolition of the death penalty. | 27 | Adopted by Parliament | Abolishes the only exception to the ban of the death penalty. | |
| No. 1, 20 April 2012 | Introduction of the principle of balanced budget in the constitutional chart. | 81, 97, 117, 119 | Adopted by Parliament | Adds a balanced budget amendment to the Constitution. | |
| No. 1, 7 February 2013 | Amendment to Article 13 of the special Statute of the region of Friuli-Venezia Giulia, Constitutional Law no. 1 of 31 January 1963. | Adopted by Parliament | Amends the special Statute for the region of Friuli-Venezia Giulia, regarding the election of the Regional Council. | ||
| No. 2, 7 February 2013 | Amendment to Article 3 of the Statute of the region of Sicily, regarding the reduction of deputies in the Regional Sicilian Assembly. Transitory dispositions. | Adopted by Parliament | Amends the special Statute for the region of Sicily, reducing the members of the Sicilian Assembly. | ||
| No. 3, 7 February 2013 | Amendments to Articles 15 and 16 of the special Statute for the region of Sardinia, Constitutional Law no. 1 of 31 January 1963, regarding the composition and election of the Regional Council. | Adopted by Parliament | Amends the special Statute for the region of Sardinia, regarding the composition and election of the Regional Council. | ||
| Published in G.U. no. 88, 15 April 2016 | Provisions for overcoming equal bicameralism, reducing the number of Members of Parliament, limiting the operating costs of the institutions, the suppression of the CNEL and the revision of Title V of Part II of the Constitution. | 48, 55, 57, 58, 59, 60, 61, 62, 63, 64, 66, 67, 69, 70, 71, 72, 73, 74, 75, 77, 78, 79, 80, 81, 82, 83, 85, 86, 87, 88, 94, 96, 97, 99, 114, 116, 117, 118, 119, 120, 121, 122, 126, 132, 134, 135 | Adopted by Parliament ; rejected by constitutional referendum | Overhauls the system of government, making changes to the legislative procedure, to the composition and powers of the Senate, and to the division of powers between State and ordinary regions. Abolishes the provinces and the CNEL. | |
| No. 1, 28 July 2016 | Amendments to the special Statute of the region of Friuli-Venezia Giulia, Constitutional Law no. 1 of 31 January 1963, regarding local entities, voting rights to the regional elections, and regional right of initiative. | Adopted by Parliament | Amends the special Statute for the region of Friuli-Venezia Giulia. | ||
| Published in G.U. no. 240, 12 October 2019 | Amendments to articles 56, 57 and 59 of the Constitution regarding the reduction of the number of parliamentarians. | 56, 57, 59 | Adopted by Parliament ; constitutional referendum requested | Reduces the number of seats in the Chamber of Deputies from 630 to 400, and the number of seats in the Senate from 315 to 200. |
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