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Law of Italy

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The law of Italy is a complex system that organizes how the Italian Republic functions. It uses a hierarchy of sources to maintain order. This means that laws are arranged in a specific scale. A rule from a lower source cannot conflict with a rule from a higher source. At the very top of this hierarchy sits the Constitution of 1948.

Costituzione della Repubblica Italiana
Costituzione della Repubblica Italiana

This document is the primary source of all legal authority in the nation.

Legislative power is shared among several different bodies. The Italian Parliament has the power to create laws for the entire country. These are known simply as leggi. Regional councils also hold legislative power, but their laws, called leggi regionali, only apply to their specific regions. Article 117 of the Constitution explains how this power is divided. The State handles specific matters listed in the Constitution. The Regions have residual competence, which means they handle all other remaining matters. There is also concurrent legislation. In these cases, Regions can make laws but must follow fundamental principles set by the State.

There are several ways that new laws are created or issued. The Government can issue an urgent act called a decreto-legge, or law decree. However, Parliament must confirm this act later, or it will be lost. Parliament can also delegate power to the Government through a legge delega. This allows the Government to issue a decreto legislativo, or legislative decree, within set margins. The people also have a role in the legislative process. They can propose a popular law proposal by collecting at least 50,000 signatures. Additionally, citizens can use an abrogative referendum to cancel laws or a confirmatory referendum for constitutional matters.

Legal norms in Italy originate from both internal and international sources. Internal sources include the Constitution, state and regional laws, and government regulations. Customary law is also an internal source, but it only works within limits set by written law. International sources include treaties and agreements between groups of states. These often exist within supranational organizations. These international norms stand above individual state laws but do not always have a direct effect on citizens. Finally, the European Union provides regulations and directives that influence the Italian system.

Italian law is broadly divided into private law and public law. Private law manages relationships between individuals, such as contracts and obligations. The main regulatory body for private law is the Italian civil code. This code was approved by Royal decree no. 262 on March 16, 1942. It entered into force on April 21, 1942, after merging the 1865 Civil Code and the 1882 Commercial Code. The civil code is quite large, containing 2,969 articles organized into six books. These books cover people and family, heritage, property, bonds, work, and the protection of rights.

Public law governs the relationship between the government and the people. It includes constitutional law, administrative law, and criminal law. Constitutional law defines the powers of the executive, the parliament, and the judiciary. The Constitution of the Italian Republic contains 139 articles. It is organized into three main parts: the Fundamental Principles, the Rights and Duties of Citizens, and the Organisation of the Republic. Many of these articles require enabling legislation to be fully applied. This process is known as the accomplishment of the constitution.

Administrative law manages the activities of government agencies. The main rulebook for this is the administrative process code. This code was approved by legislative decree no. 104 on July 2, 2010. It contains 137 articles and entered into force on September 16, 2010. Criminal law deals with conduct that is considered harmful or dangerous to society. The Italian penal code is the primary source for criminal law. This code was approved by Royal decree no. 1,398 on October 19, 1930. It entered into force on July 1, 1931. The penal code consists of 734 articles divided into three books. These books cover crimes in general, crimes in particular, and misdemeanors.

Roma- Corte Suprema di Cassazione - 53381273801
Roma- Corte Suprema di Cassazione - 53381273801
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