Constitutional Court of Italy

Last updated
Constitutional Court
Constitutional Court of Italy logo.svg
Palazzo della Consulta Roma 2006.jpg
Established1948 (in the Constitution)
1955 (effective)
Jurisdiction Italy
Location Rome, Italy
Composition methodElected/appointed in equal portions by Italian Parliament, President of the Italian Republic, and highest Italian courts
Authorised by Constitution of Italy
Judge term length9 years (not renewable)
Number of positions15
Website Official website
President of the Court
Currently Augusto Barbera
Since12 December 2023

The Constitutional Court of the Italian Republic (Italian : Corte costituzionale della Repubblica Italiana) is the highest court of Italy in matters of constitutional law. Sometimes, the name Consulta is used as a metonym for it, because its sessions are held in Palazzo della Consulta in Rome.

Contents

History

The court is a post-World War II innovation, established by the republican Constitution 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

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

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 the constitutionality of laws with no right of appeal.

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

Composition

The Constitutional Court is composed of 15 judges for the term of service of nine years: 5 appointed by the President, 5 elected by the Parliament of Italy [3] and 5 elected by the ordinary and administrative supreme courts. Of those elected by the supreme courts, 3 are elected by the Supreme Court of Cassation (penal and civil justice), one is elected by the Court of Auditors, and one by the Council of State (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

Appointed by

   President of Italy   Courts of Italy   Parliament of Italy

PortraitNameProfessionAppointed byAppointed onDate sworn inEnd of termType of membership
Augusto Barbera 2023 (cropped).jpg Augusto Barbera
(1938– )
University professor Parliament
(17th Legislature)
16 December 201521 December 201521 December 2024 President
(since 12 December 2023)
Franco Modugno.jpg Franco Modugno
(1938– )
University professor Parliament
(17th Legislature)
16 December 201521 December 201521 December 2024Vice president
(since 12 December 2023)
Giulio Prosperetti.jpg Giulio Prosperetti
(1946– )
University professor, lawyer Parliament
(17th Legislature)
16 December 201521 December 201521 December 2024Vice president
(since 12 December 2023)
Giovanni Amoroso crop.jpg Giovanni Amoroso
(1949– )
MagistrateCourts
(Court of Cassation)
26 October 201713 November 201713 November 2026Vice president
(since 12 December 2023)
Francesco Vigano crop.jpg Francesco Viganò
(1966– )
University professor, lawyer President
(Sergio Mattarella)
24 February 20188 March 20188 March 2027Judge
Luca Antonini (cropped).jpg Luca Antonini
(1963– )
University professor, lawyer Parliament
(18th Legislature)
19 July 201826 July 201826 July 2027Judge
Stefano Pettiti 2019.jpg Stefano Petitti
(1953–)
MagistrateCourts
(Court of Cassation)
28 November 201910 December 201910 December 2028Judge
Buscema01 (cropped).jpg Angelo Buscema
(1952– )
MagistrateCourts
(Court of Audit)
12 July 202015 September 202015 September 2029Judge
Corte Costituzionale.png Emanuela Navarretta
(1966– )
University professor President
(Sergio Mattarella)
9 September 202015 September 202015 September 2029Judge
Maria Rosaria San Giorgio (cropped).jpg Maria Rosaria San Giorgio
(1952– )
MagistrateCourts
(Court of Cassation)
16 December 202017 December 202017 December 2029Judge
Filippo Patroni Griffi.jpg Filippo Patroni Griffi
(1955– )
MagistrateCourts
(Council of State)
15 December 202129 January 202229 January 2031Judge
Marco D'Alberti (cropped).jpg Marco D'Alberti
(1948– )
University professor President
(Sergio Mattarella)
15 September 202220 September 202220 September 2031Judge
Giovanni Pitruzzella (cropped).jpg Giovanni Pitruzzella
(1959– )
University professor, lawyer President
(Sergio Mattarella)
10 November 202314 November 202314 November 2032Judge
Sciarrone Alibrandi 2023 (cropped).jpg Antonella Sciarrone Alibrandi
(1965– )
University professor President
(Sergio Mattarella)
10 November 202314 November 202314 November 2032Judge

See also

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References

  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", in La Stampa, 3 October 2015 (in Italian) and Giampiero 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 from the original on 30 January 2015. Retrieved 29 January 2015.

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