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Constitutional Court of Italy

Coordinates:41°53′57″N12°29′15″E / 41.8991°N 12.4875°E /41.8991; 12.4875
From Wikipedia, the free encyclopedia
Highest court of Italy
Constitutional Court
Map
Interactive map ofConstitutional Court
Established1948 (in the Constitution)
1955 (effective)
JurisdictionItaly
LocationRome, Italy
Composition methodElected/appointed in equal portions byItalian Parliament,President of the Italian Republic, and highest Italian courts
Authorised byConstitution of Italy
Judge term length9 years (not renewable)
Number of positions15
WebsiteOfficial website
President of the Court
CurrentlyGiovanni Amoroso
Since21 January 2025
Part of thePolitics series
iconPolitics portal

TheConstitutional Court of the Italian Republic (Italian:Corte costituzionale della Repubblica Italiana) is the highest court ofItaly in matters ofconstitutional law. Sometimes, the nameConsulta is used as a metonym for it, because its sessions are held inPalazzo della Consulta inRome.

History

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The court is a post-World War II innovation, established by the republicanConstitution of Italy in 1948, but it became operative only in 1955 after the enactment of the Constitutional Law n. 1 of 1953 and the Law n. 87 of 1953.[1] It held its first hearing in 1956.

Powers

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According to Article 134[2] of theItalian Constitution, the Court shall pass judgement on:

  • controversies on theconstitutional legitimacy of laws issued by theState andRegions and when the Court declares a law unconstitutional, the law ceases to have effect the day after the publication of the ruling;
  • conflicts arising from allocation of powers of theState and those powers allocated toState andRegions, and betweenRegions;
  • charges brought against thePresident.

Additionally, a handful of constitutional laws were promulgated to regulate the powers and functionality of the Court during the years. The most important being constitutional law n. 1/1953, which, among other things, extends the power of reviewing and approving referendum's requests to the Court. (Art. 2)

The Constitutional Court passes on theconstitutionality of laws with no right of appeal, as the Court is the highest court in relation toconstitutional matters in Italy.

Since 12 October 2007, when the reform of theItalian intelligence agencies approved in August 2007 came into force, the pretext ofstate secret cannot be used to deny access to documents by the Court.

Composition

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The Constitutional Court is composed of 15 judges for the term of service of nine years: 5 appointed by thePresident of Italy, 5 elected by theParliament of Italy[3] and 5 elected by the ordinary and administrative supreme courts. Of those elected by the supreme courts, 3 are elected by theSupreme Court of Cassation of Italy (penal and civil justice), one is elected by theCourt of Auditors of Italy, and one by theCouncil of State of Italy (supreme administrative court). Candidates need to be either lawyers with twenty years or more experience, full professors of law, or (even former) judges of the Supreme Administrative, Civil and Criminal tribunals.[4] The members then elect the President of the Court. The President is elected from among its members in a secret ballot, by an absolute majority (8 votes in the case of a full court). If no person gets a majority, a runoff election between the two judges with the most votes occurs. The President of the Court appoints one or more vice-presidents to stand in for him in the event of his absence for any reason.

Current membership

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Appointed by

  President of Italy  Courts of Italy  Parliament of Italy

PortraitNameProfessionAppointed byAppointed onDate sworn inEnd of termType of membership
Giovanni Amoroso
(1949– )		MagistrateCourts
(Court of Cassation)		26 October 201713 November 201713 November 2026President
(since 21 January 2025)
Francesco Viganò
(1966– )		University professor, lawyerPresident
(Sergio Mattarella)		24 February 20188 March 20188 March 2027Vice president
(since 21 January 2025)
Luca Antonini
(1963– )		University professor, lawyerParliament
(18th Legislature)		19 July 201826 July 201826 July 2027Vice president
(since 21 January 2025)
Stefano Petitti
(1953–)		MagistrateCourts
(Court of Cassation)		28 November 201910 December 201910 December 2028Judge
Angelo Buscema
(1952– )		MagistrateCourts
(Court of Audit)		12 July 202015 September 202015 September 2029Judge
Emanuela Navarretta
(1966– )		University professorPresident
(Sergio Mattarella)		9 September 202015 September 202015 September 2029Judge
Maria Rosaria San Giorgio
(1952– )		MagistrateCourts
(Court of Cassation)		16 December 202017 December 202017 December 2029Judge
Filippo Patroni Griffi
(1955– )		MagistrateCourts
(Council of State)		15 December 202129 January 202229 January 2031Judge
Marco D'Alberti
(1948– )		University professorPresident
(Sergio Mattarella)		15 September 202220 September 202220 September 2031Judge
Giovanni Pitruzzella
(1959– )		University professor, lawyerPresident
(Sergio Mattarella)		10 November 202314 November 202314 November 2032Judge
Antonella Sciarrone Alibrandi
(1965– )		University professorPresident
(Sergio Mattarella)		10 November 202314 November 202314 November 2032Judge
Roberto Cassinelli
(1956– )		LawyerParliament
(19th Legislature)		13 February 202519 February 202519 February 2034Judge
Massimo Luciani
(1952– )		University professor, lawyerParliament
(19th Legislature)		13 February 202519 February 202519 February 2034Judge
Francesco Saverio Marini
(1973– )		University professor, lawyerParliament
(19th Legislature)		13 February 202519 February 202519 February 2034Judge
Maria Alessandra Sandulli
(1956– )		University professor, lawyerParliament
(19th Legislature)		13 February 202519 February 202519 February 2034Judge

Timeline

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See also

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References

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  1. ^Italian Government, "Norme sulla costituzione e sul funzionamento della corte costituzionale", published 14 March 1953, accessed 5 October 2023
  2. ^"La Costituzione della Repubblica italiana". Presidency of the Italian Republic.Archived from the original on Jan 16, 2024.
  3. ^Parliament appoints judges with increasing delay:Giuseppe Salvaggiulo, "Consulta, sfregio infinito. Ventisei votazioni fallite", inLa Stampa, 3 October 2015(in Italian) andGiampiero Buonomo, "Negoziazione politica e Parlamento...Non solo risate", in Avanti online, 26 August 2015(in Italian).
  4. ^Frosini, Justin O.; Pennicino, Sara (2 February 2007)."Report from Italy". The Court. Archived fromthe original on 30 January 2015. Retrieved29 January 2015.

External links

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41°53′57″N12°29′15″E / 41.8991°N 12.4875°E /41.8991; 12.4875

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