The authority of the judiciary in Italy is quite high. The Italian judicial system consists of the following subsystems: courts of general jurisdiction, resolving civil and criminal cases, administrative courts and military tribunals.

At the grassroots level of the judiciary, there are counselors (justices of the peace; literally - advisers) who consider insignificant civil cases. This is followed by the Praetor - the Praetor's Court, where appeals against decisions of consiliators are considered and civil cases with a relatively small amount of claim, cases of labor conflicts and disputes on issues social security... The praetor also considers criminal cases in which punishment in the form of no more than three years imprisonment and a fine. Appeals against decisions of praetors are heard in tribunals, which, moreover, are courts of first instance in a wide range of civil cases, as well as criminal cases not subject to praetors and courts of assises. The courts of appeal for the tribunals and the highest court in the district are the courts of appeal. One or more Assize Courts and Assize Courts of Appeal shall be established in the judicial district. Assize courts hear cases of serious crimes specifically specified in the law. The head of the system of courts of general jurisdiction is the Court of Cassation, which includes about 300 magistrates. It provides unity judicial practice, resolves disputes about jurisdiction between courts and the like.

The highest instance of administrative justice is the Council of State. This function is performed by its three branches with judicial powers. The general meeting of the Council can formulate the legal principles for the operation of the administrative tribunals.

The jurisdiction of military tribunals in peacetime extends only to war crimes committed by members of the armed forces, and during the war it expands in accordance with the law.

A special place is occupied by the Constitutional Court, which consists of 15 members, selected from among judges, university law professors and lawyers with 20 years of experience. The President and Parliament each appoint five judges. The Court of Cassation elects three judges, the Council of State and the Court of Auditors - one judge each. Judges of the Constitutional Court are appointed for 9 years and can be re-elected. The Constitutional Court considers disputes on the constitutionality of laws and acts that have force of law; disputes about competence between the legislative and executive branches, between the state and the region, between different regions, charges against the president and ministers.

The Accounts Chamber carries out preliminary control of the legality of government acts, as well as subsequent control of the execution of the state budget and state financial reporting.

All appointments of members of the magistracy (judges, prosecutors, investigators, etc.) to positions, their transfer, promotion and the application of disciplinary measures to them are carried out only by the Superior Council of the Magistracy, which is chaired by the President. The council is composed of the first president and prosecutor of the Court of Cassation; two thirds of the remaining members are elected by all judges, and a third - by parliament at a joint meeting of the chambers from among university law professors and lawyers with at least 15 years of experience. Board members serve for 4 years and cannot be re-elected immediately after their term expires. It should be emphasized that the High Council of Magistracy is a kind of judicial self-government body that has received the broadest possible rights in the field of justice administration, mainly due to the narrowing of the competence of the executive branch represented by the Ministry of Justice.

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The Italian judicial system consists of the following subsystems: courts of general jurisdiction that decide civil and criminal cases, including justices of the peace, juvenile courts, public water tribunals and assize courts; administrative courts; military tribunals Legal systems of the countries of the world: Encyclopedic reference / Otv. ed. doct. jurid. Sciences, prof. AND I. Sukharev. - M .: "NORMA", 2003. - S. 348 ..

Courts operate in 23 judicial districts, which, as a rule, do not coincide with political-administrative divisions.

Consider the system of courts of general jurisdiction. At the grassroots level of the judiciary, there are counselors (justices of the peace; literally - advisers) who consider insignificant civil cases. Next comes the praetor - the praetor's court. The Praetor hears appeals against decisions of counselors and adjudicates relatively low cost civil cases, labor disputes and social security disputes. He also considers criminal cases in which punishment is threatened in the form of no more than three years in prison and a fine.

Appeals against decisions of praetors are considered in tribunals, which, moreover, are courts of first instance in a wide range of civil cases, as well as criminal cases not under the jurisdiction of praetors and courts of assises.

Cases of the most serious criminal offenses fall within the jurisdiction of jury courts (there are 94 of them). They include two professional judges (one of them is the presiding judge) and six assessors, called “people's judges”. All of them constitute a single collegium, and sentences are passed by them at a joint meeting. Complaints against the verdicts of these courts are examined by the jury of appeal (there are 34 of them), which are created one or two in each of the judicial districts of the courts of appeal, They include, along with six "people's judges", two professional judges, of which one - a judge of the Court of Cassation (presiding judge), and the other is a member of the Court of Appeal.

Cases of less serious criminal offenses, for which up to three years of imprisonment can be imposed, are considered in the praetoria (there are about a thousand of them in the country) by the sole judge - the praetor. Most praetoria have one praetor, others have several (up to 50). Cases in which punishment is imposed, not related to imprisonment, are considered by the praetor in a simplified manner and without the participation of the parties. Praetoria also considers civil cases, the amount of the claim in which exceeds the competence of justices of the peace, and complaints against decisions made by justices of the peace.

Sole Justices of the Peace (there are about 10 thousand) have very limited competence: they are entitled to consider only civil cases with a small amount of claim. They are not professionals and do not receive a salary for their activities.

The courts of appeal for the tribunals and the highest court in the district are the courts of appeal. They have departments for civil, criminal, labor cases, an investigation department; it includes juvenile courts and public water tribunals.

The juvenile courts, established in 1934, operate at the courts of appeal and hear cases of persons under the age of 18. In 1988, the juvenile court system was reformed. An independent juvenile tribunal has been established in each circuit of the Court of Appeal, which consists of two professional judges and two experts (male and female). The tribunal hears cases of juvenile delinquency under the age of 18. Complaints against the decisions of the tribunal are considered in one of the chambers of the court of appeal with the participation of two of the same experts Popov N. Yu. Judicial system of Italy // Judicial systems of Western states. - M .: Nauka, 1991.- P.239 ..

One or more Assize Courts and Assize Courts of Appeal shall be established in the judicial district. Assize courts hear cases of serious crimes specifically specified in the law. In total, Italy has 100 courts of assises in the first instance and 36 in the appellate instance.

The head of the system of courts of general jurisdiction is the Supreme Court of Cassation, which includes about 300 magistrates. It ensures the unity of jurisprudence and resolves disputes over competence between courts (disputes over jurisdiction), etc. According to the 1941 Judicial System Act, it ensures "exact observance and uniform interpretation of the law, the unity of national law", considering as the last resort complaints about the right to court decisions in civil and criminal cases, as well as disputes about the competence of the courts. It has three chambers for civil cases and three for criminal cases. Chambers are chaired by presidents and hear cases with seven judges. The first chairman of the Supreme Court of Cassation can refer the most complex cassation complaints, including those already resolved by individual chambers, to a joint court session (of 15 judges).

The status of administrative justice is determined by the free collection of laws on the State Council (Law 1924) and the law on the formation of regional administrative tribunals in 1974. The reference to the regional administrative justice bodies is contained in part 2 of Art. 125 of the Constitution.

The highest instance of administrative justice is the Council of State. This function is performed by its three branches with judicial powers. The general meeting of the Council can formulate legal principles for the operation of the administrative tribunals.

The jurisdiction of military tribunals in peacetime extends only to war crimes committed by members of the Armed Forces, and in times of war it is expanded in accordance with the law.

A special place among the highest state institutions in Italy is occupied by the Constitutional Court. For the first time in the history of the country, the Constitutional Court was established by the basic law of 1947. Before that, Italy did not know constitutional justice. Only eight years after the adoption of the constitution, a law was passed (March 11, 1953) on this body. The first session of the Court was held on April 23, 1956, and the first decision was made on July 14, 1956 by N. Yu. Popov. Judicial system of Italy // Judicial systems of Western states. - M .: Nauka, 1991.- P.234 ..

According to the 1947 Constitution, he has the right to make decisions on the unconstitutionality of legislative norms and thereby annul them. Such control can be preliminary and subsequent. The first is carried out by the Court at the request of the government regarding the laws of the provinces before they are promulgated. Such consideration occurs when the government commissioner in the area considers that the area has exceeded his competence, or if its decision is contrary to the national interests or the interests of other areas. If the regional council confirms its law with an absolute majority of votes, then the chairman of the Council of Ministers can request the Constitutional Court within 15 days, counting from the time when he was informed about the second vote of the regional council. The decision of the head of government suspends the entry into force of the act of the regional council. A court without a time limit for a decision can either reject the government's motion or annul the regional law. In practice, such calls are infrequent.

Follow-up control can be abstract or specific. The first can be carried out at the request of the regions in relation to the laws of the state and on the grounds of the violation by the latter of the competence of the region.

All laws or acts having the force of law can be the subject of control. The court regarding them can be requested by the general or special court when considering a specific case. The question of constitutionality can also be raised by the Court itself considering the case. If the requirement to declare unconstitutional a law or an act having the force of law is deemed justified, the Court shall declare invalid the legislative provisions within the scope of the request made to it. The court also announces legislative provisions, the illegality of which follows from its decision.

When considering cases on the charge of the President of the Republic, the Constitutional Court is supplemented by 16 judges elected by the parliament for 9 years according to the same rules as the ordinary judges of this body. Election is carried out according to a pre-compiled lists of citizens who have the necessary qualifications for election to senators. Members of Parliament are not included in the list. As for the crimes committed by the Chairman of the Council of Ministers and Ministers, after the amendment to the Constitution introduced in January 1989, their cases are considered in the ordinary course of proceedings, as decided by the chambers of parliament. Prior to the adoption of this amendment, their cases were also heard by the Constitutional Court.

Since 1956 when it was created. The Constitutional Court has passed decisions related to various branches of law more than 1000 times on issues that most often arose in the course of court proceedings. Its decisions, as a rule, contributed to the implementation of the most democratic provisions of the Italian constitution. It also deals with disputes about competence between different authorities, between the state and regions of the state, or between regions, and, finally, charges of violation of constitutional norms brought against the President of the Republic and ministers.

The Constitutional Court consists of 15 judges, of whom five are appointed by the President, five by Parliament in a joint session of the Chambers, and five by the highest general and administrative judicial bodies. They are appointed for 9-year terms from among experienced judges, lawyers and Law Professors. Judges are selected and selected from among the members of the highest general and administrative judiciary, even retired ones, full-time university law professors and lawyers - all must have at least 20 years of experience. Judges cannot be reappointed. The President is elected by the members of the Constitutional Court themselves.

The mandate of a judge is incompatible with the occupation of any position (engaging in politics, professional activity, even teaching law).

The Constitutional Court has jurisdiction over: disputes about the constitutionality of laws and acts of the state and regions having the force of law; conflicts of authority between state authorities, between state and regional authorities and between regional authorities; charges against the President of the Republic brought forward in accordance with the norms of the Constitution; decisions on the admissibility of demands for referendums to repeal laws.

Thus, in fact, the Italian Constitutional Court acts as a co-legislator and even as a legislator, when laws suffer from gaps and the constitutional court has to include "additional" or "substitute" provisions in them.

1. Italian Constitution.
2. Fundamentals of the legal status of a person in Italy.
3. Peculiarities state structure Italy.
4. Legislature.
5. Executive power and subsidiary bodies.
6. Judicial branch.
7. Organization of regional and local self-government and government in Italy.

1. Constitution of Italy.

Acceptance and general characteristics Italian Constitution.
The Constitution of the Italian Republic was adopted after the fall of the B. Mussolini regime and the defeat of Italy in the Second World War. The previous basic law of the country was the Albertine Statute, adopted in the Kingdom of Sardinia in 1848 (named after King Charles Albert, who bestowed the Statute), which, after the unification of Italy in 1870, became a national constitution. On June 2, 1946, a referendum on the form of government and elections to the country's Constituent Assembly took place. As a result of the referendum, the monarchy was abolished, and the Constituent Assembly on December 22, 1947 approved the draft Constitution, which entered into force on January 1, 1948.The Constitution was the result of a certain compromise reached between the various political forces represented in the Constituent Assembly, and therefore found in it reflection of the most diverse views on the political and economic structure of post-war Italy, including socialist.

The Constitution of the Italian Republic consists of an introductory section "Basic principles", which contains the most general provisions characterizing the constitutional order of Italy, two main parts - "Rights and obligations of citizens" and "Organization of the Republic", as well as transitional and final provisions. The Constitution secured a wide range of rights and freedoms, while giving a significant place to social issues, established a parliamentary republic as a form of government, and a decentralized unitary state with broad regional autonomy as a form of government. The Constitution enshrined the secular nature of the state, while recognizing the important role of the Catholic Church in the life of society. A significant place in the Constitution was given to international legal issues, the relationship between domestic and international law.

The implementation of some provisions of the Constitution dragged on for a certain period. So, for a long time the Constitutional Court did not start its work, the regional autonomy did not immediately begin to function. It took 11 years before the Superior Council of Magistrates became operational. Only in 1988 was the stipulated Art. 95 of the Constitution Law "On the Activities of the Government and the Organization of the Presidium of the Council of Ministers".

Procedure for amending the Constitution .
According to the method of amendment, the Italian Constitution is "rigid". A draft law amending the Constitution (the republican form of government cannot be the subject of revision) must be discussed by the chambers of parliament twice with an interval of at least three months. Moreover, after the second discussion, such a bill must be approved by an absolute majority of members of each of the chambers. In addition, within three months after the second vote, 1/5 of the members of any of the chambers of parliament, or 500 thousand voters, or five regional councils have the right to demand a referendum on the law amending the Constitution. Such a law shall be considered approved in a referendum if a majority of the valid votes of the voters are given for it. At the same time, a referendum cannot be held if, during the second vote, the corresponding law was adopted in each of the chambers of parliament by a majority of 2/3 of votes.

Quite a lot of amendments were made to the Italian Constitution (changed 15 times). So, in 1999, amendments were made to the Constitution and legislation regarding the direct election of chairmen of regional juntas, regarding the financing of political parties, regarding the powers of regional bodies, in 2000 - regarding the participation in elections of Italian citizens abroad. In 2002-2003. constitutional amendments were made, in fact, bringing the country step by step closer to becoming a federation. Currently, Italy is undergoing a major constitutional reform aimed at establishing a federal state structure (at one time it was planned to switch to a mixed form of government).

2. Basics of the legal status of a person.

Personal rights and freedoms.
The principle of equality lies at the heart of the consolidation of constitutional rights and freedoms. According to Art. 3 of the Constitution "all citizens have the same public dignity and are equal before the law, regardless of gender, race, language, religion, political beliefs, personal and social status." The principle of equality in Italian constitutional law is closely related to the principle of freedom, considered as a prerequisite for the expression of individual freedom.

Personal rights and freedoms enshrined in the Constitution include the inviolability of the person and home, freedom and privacy of correspondence and any other form of communication, freedom of movement, freedom of association in an organization for purposes not prohibited by law, as well as freedom of assembly, conscience, speech, press, information. So, in Art. 13 proclaims that "personal freedom is inviolable". According to this Art. it is prohibited to stop, search or search, as well as any other restriction of personal freedom in any form without a reasoned act of the judiciary issued in the cases and in the manner prescribed by law. The principle of personal freedom is concretized in a number of other articles of the Constitution. So, according to Art. 22 "no one can be deprived for political reasons of legal capacity, citizenship, name." Article 26 permits the extradition of a citizen only in cases provided for by international agreements. At the same time, "extradition for political crimes is not allowed."

Political rights .
Among the most important political rights and freedoms, Italian constitutional law includes the electoral right, which is vested in all citizens who have reached the age of majority (Art. 48), as well as the right to unite in political parties in order to "promote democratically the determination national policy"(Article 49). Citizens also have the right to send petitions to the chambers of parliament" demanding legislative measures or setting out public needs "(Article 50). In addition, all citizens of both sexes, in accordance with Article 51 of the Constitution," can act on equal terms to serve in government institutions and to hold elective offices in accordance with the requirements established by law. "

Socio-economic and cultural rights .
Italian constitutional law devotes a significant place to the regulation of these rights, and it is in this area that the influence of the socialist constitutional and legal doctrine was most pronounced. Thus, the Constitution of the country proclaims the right to work with the encouragement by the state of conditions that make this right real; the right to remuneration corresponding to the quantity and quality of work and sufficient to ensure a free and dignified existence; workers' right to weekly rest and paid annual leave, and to defend their interests, including the right to strike. Provided whole line norms for the social protection of working women, adolescents and minors. So, Art. 37 of the Constitution proclaims that "a working woman has the same rights and for the same work receives the same remuneration as a working man."

The Constitution regulates in sufficient detail the right to property in its two forms: public and private, and secures freedom of economic initiative and entrepreneurship, while not harming security, freedom and human dignity.

The chapter on ethical and social relations regulates the issues of family, health care, science, art, education. So, in accordance with Art. 30 of the Constitution, children born out of wedlock are provided with any legal and public protection compatible with the rights of members of the legitimate family. Article 32 proclaims health care as a fundamental right of the individual and guarantees free treatment for the poor. In addition, freedom of science, art and teaching is proclaimed (Article 33). Education is open to everyone, and " elementary education it is compulsory and free of charge for at least eight years "(Art. 34).

Responsibilities of Italian citizens.
Constitutional responsibilities are enshrined primarily in the chapter on political relations. According to, for example, Art. 53 "everyone is obliged to participate in public spending in accordance with their tax capacity." In addition, all citizens are required to "be loyal to the Republic and abide by its Constitution and laws." Citizens entrusted with state functions, must "perform them in a disciplined and dignified manner, taking the oath in cases prescribed by law" (Art. 54). The chapter on ethical and social relations stipulates the obligation of parents to support, educate and educate children, even if they are born out of wedlock (Article 30).

3. Features of the state structure of Italy.

Features of regional autonomy in Italy.
Italy is one of two European regionalist states. The mere fact that the entire territory of Italy was divided into regions with political autonomy, that is, having the right to adopt legislative acts on a number of issues and having administrative bodies capable of independently implementing the provisions of these legislative acts, determined the specifics of the country's state structure. And at the end of the XX century. there is a need for a territorial organization of the exercise of power. A plan for the transition to a federation was developed, which was implemented through the preparation and adoption of constitutional amendments in 2001-2003. Thus, at present, Italy has made significant progress on the path of transformation from a regionalist state into a federal one.

The system of territorial division of the country is three-tier and includes regions, provinces and communes. The regions are "autonomous entities with their own powers and functions" (Art. 115). They are divided into two categories: 15 areas with general status and five areas with special status. The status of the regions of the first group is unified, being regulated by general constitutional and legal norms. Regions with a special status (Sicily, Sardinia, Trentino-Alto Adige, Friuli Venezia Giulia and Balle d'Aosta) "have special forms and conditions of autonomy" (Art. 116) and are characterized by the residence of certain national minorities or an island position The regions adopt their own statute, which establishes the provisions relating to their internal organization. In accordance with article 123 of the Constitution, "the statute is adopted by the regional council by an absolute majority of its members and approved by the law of the Republic."

Competence areas .
The powers of the regions are established in accordance with Art. 117 of the Constitution and include the following issues: the organization of their own public authorities, the establishment of boundaries between communes, the regulation of local police, fairs and markets, charitable institutions, sanitary and hospital services, craft and vocational training, museums and local libraries, urban planning, tourism and hospitality, hunting and other issues specified by constitutional laws. Regions have the right to pass laws and carry out administrative activities on matters within their competence. Areas with special status have greater powers than areas with general status.

4. Legislative power.

The structure and procedure for the formation of the Italian parliament.
The Italian Parliament consists of two chambers - the Chamber of Deputies (lower chamber) and the Senate (upper chamber). Both chambers have equal rights and the Constitution does not distinguish between them in terms of competence, internal structure and procedure. The Chamber of Deputies has 630 members (12 members represent Italians living abroad), and the Senate has 315 members, elected for a five-year term by universal suffrage.

Since 1993, the chambers have been elected on the basis of a combination of majority and proportional electoral systems. Since 2005, a proportional voting system has been used for both chambers. The majority is won by the coalition, which has achieved victory at the national (in the Chamber of Deputies) and regional (in the Senate) levels.

In elections to the Chamber of Deputies, voters vote upon reaching 18 years of age, and for the Senate - 25 years. Unlike a number of other countries, Italian law does not provide for the possibility of voting by proxy or by mail: all voters are required to vote in person at polling stations. A voter who has reached the age of 25 on election day can become a member of the lower house, and the upper one - 40 years old. The Senate includes all former presidents countries that have not renounced this membership. In addition, Art. 59 of the Constitution allows the incumbent president to "appoint five citizens who have glorified the Motherland for outstanding achievements in the social, scientific, artistic and literary fields as senators for life."

Internal organization of chambers .
Each of the chambers elects from among its members a chairman and a bureau formed on the basis of proportional representation of parliamentary groups. The bureau consists of the chairman of the chamber, three vice-presidents, three quaestors (overseeing the observance of the established order in the conference room, controlling the expenses of the chamber and the activities of its auxiliary services) and eight secretaries. The Bureau approves the draft budget of the chamber, resolves issues related to the formation of parliamentary groups and commissions, establishes the internal regulations of the chamber, the functioning of its various services, and applies disciplinary sanctions.

For a parliamentary group (i.e., party faction) to be created in a chamber, it usually must have at least 20 members in the House of Representatives and 10 in the Senate. If some requirements are met, it is possible to form a parliamentary group in a smaller composition. Election of a parliamentarian from the list of a certain party does not in itself entail his automatic enrollment in one or another group. Within two days after the first meeting of the chamber, its members inform the bureau about joining a particular group in accordance with their party affiliation. Those who do not make this announcement form a mixed group that enjoys the same rights as other parliamentary groups. Groups at the first meetings form their own bodies: the chairman, his deputies, secretaries. To carry out their functions, the groups are provided with premises and the necessary technical equipment. Groups are allocated certain subsidies from the budget of the chamber, and the rules of the chamber give them special procedural rights. The chairpersons of parliamentary groups are part of a special body under the leadership of the chairmen of the chambers - the conference of chairpersons, which determines the agenda of the meetings of the respective chamber.

The chambers have permanent commissions specialized on a sectoral basis. Each such commission considers draft laws and other issues related to its core sector of management (defense, foreign affairs, industry and trade, finance and treasury, agriculture and forestry, transport, etc.). Joint commissions of the chambers (investigative, for secret services, etc.) can also be formed. The party composition of the commissions is recruited according to the principle of proportional representation of parliamentary groups.

Working procedure of parliament .
According to Art. 62 of the Constitution, the chambers meet by law on the first non-holiday day of February and October. In addition, any of the chambers can be convened on an emergency basis by the chairmen of the chambers, the president of the republic and 1/3 of the members of any of the chambers. In this case, another chamber is convened as well. The chambers sit separately, with the exception of holding joint sessions in specially established cases: the election of the President of Italy, his taking the oath of allegiance to the Republic, the appointment of judges of the Constitutional Court, etc. together, they may decide to meet in a closed session.

Powers of Parliament .
One of the most important powers of the Italian Parliament is to control the activities of the government. The forms of such control are oral and written questions, interpelling, conducting investigations on matters of public interest, and appointing appropriate commissions of inquiry. In addition, the chambers of parliament annually consider and approve the draft budget submitted by the government and the report on budget execution, control the adoption by the government in cases of special need and urgency of temporary decrees that have the force of law. On the initiative of 1/10 of the members of any of the chambers, a resolution of censure of the government can be adopted. The draft of such a resolution is put up for discussion not earlier than three days after its introduction. It is passed by the same majority of the members of the House that pass ordinary laws.

In the field of foreign policy, parliament ratifies international treaties, decides on a state of war, and empowers the government. The parliament also participates in the election of the president of the republic, appoints 1/3 of the members of the Constitutional Court, 1/3 of the members of the Supreme Council of Magistrates, announces amnesty and pardon. At a joint meeting of the chambers, the issue of bringing the president of the republic, the chairman of the government, as well as individual ministers to trial, can be resolved.

Legislative process .
Parliament can pass laws on almost any issue outside the competence of the provinces. Members of parliament, the government, regional and municipal councils, the National Council of Economics and Labor, as well as groups of voters of at least 50 thousand people (in the form of popular initiative) have the right to initiate legislation. Moreover, some of the subjects given right can introduce bills only on a limited range of issues. The regions, for example, have the right to submit bills to parliament only on issues that directly concern them, which cannot be regulated by the law of the region. Bills introduced by municipal councils can only concern the formation of new provinces and changes in the boundaries of existing ones. The National Council of Economics and Labor has the right to initiate legislation only in social and economic issues.

A bill can be submitted to any of the chambers of parliament (only the draft budget law is submitted alternately: one year to the lower house, the other to the upper), where it usually goes through three readings. If a bill is rejected (with the exception of the budget), it can only be submitted to parliament after six months have elapsed from the date of rejection. Parliamentary commissions play a significant role in the legislative process. Parliament has the right to delegate to them the powers to consider and adopt laws, except for laws on constitutional and electoral issues, laws on the budget, on the delegation of legislative powers, as well as laws ratifying international treaties. In addition, the law can be returned from the commission to the chamber at the request of the government, 1/10 of the members of any of the chambers, or 1/5 of the members of the commission itself.

A law (unless it is constitutional) is considered adopted if it is approved in identical wording by both chambers (by a majority of those present if there is a majority of members of the chamber). After that, the law is passed to the president, who promulgates it within a month from the date of approval (with the exception of laws declared by the chambers as urgent, which are promulgated within the period specified in the relevant law). The President may impose a suspensive veto on the law, which is overcome by re-enactment of the law by the chambers.

5. Executive branch and subsidiary bodies.

The procedure for electing the president of the republic.
The head of the Italian state is elected for seven years by parliament at a joint meeting of the chambers with the participation of delegates from the regions. Each region is represented by three delegates elected by regional councils, with the exception of the Valle d'Aosta region, which is represented by one delegate. This meeting is called by the President of the Chamber of Deputies 30 days before the expiration of the presidential term. months, elections are held within 15 days after the convening of new chambers, and the term of office of the incumbent is extended accordingly.

An Italian citizen who has reached the age of 50 and enjoys civil and political rights... The election of the President of the Republic is carried out by secret ballot using a qualified majority system. A candidate is considered elected if 2/3 of the total number of members of the meeting votes for him. After the third vote, an absolute majority is sufficient. Upon assuming office, the President takes an oath of allegiance to the republic and observance of the Constitution before parliament at a joint meeting of the chambers.

Powers of the President.
According to Art. 87 of the Constitution, the president of the republic "is the head of state and represents national unity." He sends messages to the chambers, appoints elections for the new composition of chambers and determines the day of the first meeting, authorizes the submission of government bills to the chambers, promulgates laws, while having the right of a suspensive veto, issues decrees having the force of law, and calls a referendum in cases provided for by the Constitution. The President has the right, after hearing the chairmen of the chambers, to dissolve both chambers or one of them. He, however, “cannot exercise this right in the last six months of his powers, if they do not coincide in whole or in part with the last six months of the legislature” (Art. 88). The President appoints and dismisses the chairman of the Council of Ministers, and on the recommendation of the latter, the rest of the members of the government. In addition, he appoints five senators for life, and in cases specified by law - officials state. Foreign diplomatic representatives are accredited under the president, he ratifies international treaties (in certain cases - with the prior permission of the chambers), is the Supreme Commander of the Armed Forces and in this capacity presides over the Supreme Defense Council, declares war by the decision of the chambers.

The head of state has some powers in the judicial branch. He presides over the Supreme Council of Magistrates, appoints 1/3 of the judges of the Constitutional Court, can grant pardons and commute sentences. The President also bestows insignia on the republic. No act of the President of the Republic is valid without the countersignature of the minister who proposed it, who is thus responsible for the act. In certain cases, the acts of the head of state are countersigned personally by the chairman of the Council of Ministers.

Responsibility of the President of the Republic.
The Constitution of Igalia establishes the principle that the president of the republic is not responsible for the actions committed by him during the performance of his functions. He can only be held liable for high treason or violation of the Constitution. The decision to bring such an accusation against the president can be made at a joint session of the chambers of parliament by an absolute majority of votes of its members. This issue is finally decided by the Constitutional Court.

Substitution of the post of President of the Republic .
In cases where the president of the republic is unable to carry out his functions, he is replaced by the chairman of the Senate. In the event of a continuing obstacle and in the event of the death or resignation of the head of state, the President of the Chamber of Deputies shall call a new presidential election within 15 days. A longer term can be provided only in the event that "if the chambers are dissolved or less remains: three months before the expiration of their term of office" (Art. 86).

Government, its composition and formation procedure.
The Italian government is called the Council of Ministers. In accordance with the canons of the parliamentary republic, the head of the Italian state, after consultation with the chairmen of the chambers of parliament and the leaders of parliamentary groups, appoints the chairman of the Council of Ministers, and on his proposal - individual ministers. In practice, the decisive role in determining the personal composition of the government is played by the political parties that have entered the ruling coalition. The Chairman of the Council of Ministers directs the general policy of the government and bears responsibility for it, while he ensures the unity of the political course, directs and coordinates the activities of the ministries.

On the proposal of the head of government, one or more vice-presidents may be appointed from among the ministers who perform the functions of the chairman of the Council of Ministers in the event of his absence or if there are obstacles to the performance of his duties. If the appointment of the vice-chairman has not taken place, the duties of the head of government are carried out by the oldest minister.

The government includes not only ministers who head certain departments (the ministries of the interior, justice, defense, finance, etc.), but also ministers without portfolios who are involved in certain issues of government activities on the basis of instructions from the chairman of the Council of Ministers. In addition, at the suggestion of the head of government, by decree of the president, deputy ministers can be appointed, who, by virtue of the traditions established in Italy, are members of parliament (ministers can, but do not have to be, deputies). Deputies help their ministers in the implementation of their administrative functions, in matters of relations with parliament, and also replace ministers in the absence or existing obstacles to the performance of their functions.

The newly formed government must, within 10 days, secure the confidence of the chambers of parliament to which it is responsible. Each chamber shall grant or deny confidence through a reasoned resolution adopted by a roll-call vote.

The competence of the government.
The powers of the Council of Ministers are not detailed in the Italian Constitution. In fact, the government exercises many of the powers that formally belong to the president, as evidenced, in particular, by the institution of countersignature. In developing and implementing its political course, the Council of Ministers not only directs the activities of the state apparatus, but also exercises regulatory power.

Regulatory power in Italy is exercised by decrees of the president of the republic, issued by decision of the government, and by acts of individual ministers. Italian constitutional law distinguishes between:

1. executive regulations issued in pursuance of a specific law;
2. autonomous regulations issued without reference to any specific law within the general competence of the government;
3. organizational regulations containing provisions on state institutions, their structure and competence.

Along with predominantly subordinate regulations, the government may be empowered by parliament to issue acts that have the force of law (so-called legislative decrees), "only indicating the guidelines and criteria of such a delegation and only for a limited time and on a certain range of issues" (Art. . 76). The text of the legislative decree is approved by the government and submitted to the president for its publication within 20 days.

Establishing as a general rule that "the government cannot issue decrees that would have the force of law without a delegation of chambers," the Italian Constitution at the same time, "in cases of special need and urgency" gives the government the right to issue temporary decrees, which have received the name decrees-laws ... Such acts have the force of law and must be submitted on the same day for approval to the chambers, "which, even if they are dissolved, are specially convened and assembled within five days" (Article 77). Decrees-laws expire from the date of issue if they have not received legislative approval within 60 days after their publication. The government cannot pass decrees-laws if by means of them: constitutional issues and issues of electoral law are regulated; delegated legislative powers; ratification is authorized international treaties; budget and cost estimates are established.

The responsibility of the government and its members.
Ministers bear collegial political responsibility before the chambers of parliament for the actions of the Council of Ministers and individual responsibility for the actions of the departments they head. At the same time, the Constitution (Article 94) contains a provision stating that a vote of one or both chambers against any proposal of the government does not necessarily entail his resignation. The government is responsible for the acceptance by any of the chambers of the censure resolution. Italian multiparty governments are more likely to resign in the event of a split in the ruling coalition, without waiting for a formal vote of no confidence or a resolution of censure.

Ministers are also criminally responsible for crimes committed by them in the performance of their duties. Such crimes are considered in the ordinary course of proceedings (by a court of general jurisdiction) with the permission of the chambers of parliament, even after the ministers have terminated their powers. Until 1989, the charges against the ministers were subject to the jurisdiction of the Constitutional Court.

The constitutional status of subsidiary bodies.
The Italian Constitution regulates the status of a number of subsidiary bodies designed to assist parliament and government in the performance of their functions, as well as endowed with some independent powers. These bodies include the National Council of Economics and Labor, the Council of State and the Court of Accounts.

The National Council of Economics and Labor consists of 12 experts (eight of whom are appointed by the President and four by the Chairman of the Council of Ministers) and 99 members representing the liberal professions, cooperatives, industry, agriculture, tourism, banking and some other areas of activity. The Council is the advisory body to parliament and government on economic issues. In accordance with Art. 99 of the Constitution, he "has the right to initiate legislation and can participate in the development of legislation on economic and social issues in accordance with the principles and within the limits established by law." The term of office of the members of the Council is five years.

The Council of State is an advisory body to the government on legal issues and at the same time - the highest body of administrative justice. Three of its sections are engaged in advisory activities, while the other three are responsible for administrative justice. This body gives opinions on bills and other acts sent to it by the government and also prepares drafts of some laws and regulations.

The Accounts Chamber carries out preliminary control over the legality of government acts, as well as preliminary and subsequent control over the spending of funds and compliance with the state budget. In cases and forms established by law, it participates in the control over the financial activities of organizations that receive support from the state budget, and reports to the chambers of parliament on the results of inspections. The Chamber of Accounts consists of ten sections and has over 500 staff members, partly selected by competition and partly appointed by the government.

6. Judiciary

Master's degree and its constitutional status.
Judges and prosecutors form the magistracy, the status of which is regulated in Chapter IV, Part II of the Constitution. In this chapter, a number of principles of the organization of the judiciary were consolidated: administration of justice in the name of the people and subordination of judges exclusively to the law; the establishment of judicial offices and bodies only by law; prohibition of emergency courts, etc.

The appointment of magistrates is by competition. They are irreplaceable and therefore "can neither be dismissed or removed from office, nor appointed to other judicial or other positions, except on the basis of a decision of the Superior Council of Magistrates, adopted on the basis and with the guarantees of protection established by the law on the judicial system, or with the consent of the judges "(Article 107). The President of the Republic presides over the Supreme Council of Magistracy. The Council is externally composed of the First President of the Court of Cassation and the Attorney General of the Republic attached to the same Court. 20 members of the Council are elected from among the judges by the judges themselves and 10 members are elected by the parliament at a joint meeting of the chambers from among university law professors and lawyers with at least 15 years of experience. The council elects its vice-chairman from among the members elected by parliament. Elected members of the Superior Council of Magistrates remain in office for four years and cannot be immediately re-elected to a second term. The competence of the Superior Council of Magistracy includes admission to the magistracy, appointments to judicial positions, transfers, promotions, disciplinary sanctions and some other measures related to the status of magistrates.

Courts of general jurisdiction.
The system of general courts is made up of consiliators (justices of the peace), praetors, courts, courts of appeal and the Court of Cassation. Counselors operate one in each commune and deal with minor civil cases. This position is not paid and does not require special legal education. The appointment of a consular officer is made by the Superior Council of Magistracy for three years with the possibility of subsequent reappointment. Praetors are an appellate instance in relation to counselors, and also consider in the first instance some civil and criminal cases, resolve labor conflicts. Courts hear appeals against decisions and sentences of praetors and hear more significant criminal and civil cases at first instance. Each court is composed of three judges. The most serious cases are decided by the tribunals with the participation of a jury.

The consideration of civil and criminal cases coming from the courts is dealt with by 23 courts of appeal, which sit in the main cities of the judicial districts. They consider appeals against decisions of the courts of first instance in civil and criminal cases, and also carry out investigative functions. Under them, jury courts are created, which, on an appeal basis, consider appeals against the verdicts of lower jury courts. The head of the system of courts of general jurisdiction is the Court of Cassation. It serves as a cassation instance in relation to the decisions of the courts of appeal, ensures precise observance and uniform interpretation of the law, the unity of national law, and considers disputes over jurisdiction between the courts. The Court of Cassation has three chambers for criminal cases and three for civil cases. Decisions on each case are made by a panel of seven judges, and particularly complex cases can be tried in joint chambers of 15 judges. The General Prosecutor and his deputies operate at the Court of Cassation.

Administrative justice.
The administrative court system is headed by the Council of State, which oversees the legality of government and ministerial acts and examines complaints against decisions of regional administrative tribunals. Each such tribunal consists of a president (member of the Council of State) and at least five magistrates. Regional tribunals act as administrative justice bodies of first instance and consider complaints against decisions and actions of public authorities.

Italian Constitutional Court .
The Constitutional Court is not included by the Constitution in the judicial system, and its status is regulated by the chapter on constitutional guarantees. The Constitutional Court was established by the 1947 Constitution, but actually formed only in 1956. It consists of 15 judges appointed for nine years without the right to reappointment. Five judges each are appointed by the president, parliament (at a joint session of the chambers) and the highest bodies of general and administrative justice. The jurisdiction of the Constitutional Court includes three categories of cases:

• a) disputes about the constitutionality of laws, as well as acts having the force of law;
• b) disputes about competence between various state bodies, between the state and regions, as well as between separate regions;
• c) the charges brought by the parliament against the President of the Republic and the ministers.

In the latter case, 16 additional members also participate in the session of the Constitutional Court, elected by lot from a list of citizens drawn up by parliament (every nine years) who meet the requirements for election to senators.

7. Organization of regional and local government and administration in Italy.

Organization of regional self-government and management.
The population of the regions elects councils, which are the representative and legislative bodies of the corresponding region. Under certain circumstances, the regional council may be dissolved by the President of the Republic after hearing a special parliamentary commission on regional issues. The grounds for such dissolution in accordance with Art. 126 of the Constitution can be the following: committing acts contrary to the Constitution, or serious violations of the law; failure to comply with the proposal of the central government to remove the regional executive bodies that have committed similar violations; the inability of the council to function due to resignations or the inability to form a stable majority; the need to ensure national security.

The dissolution decree creates a commission of three citizens who have the right to be elected to the regional council, which organizes new elections within three months. The decisions of such a commission must be submitted to the newly elected council for approval. The regional council at its first meeting elects from among its members the chairman and members of the junta - the executive body of the council. The junta consists of a chairman, his deputy and assessors, who usually stand at the head of the department (assessor) in charge of a certain field of activity. Dzhunta implements the decisions of the council, submits for its consideration draft regional plans, budgets, schemes of development programs, oversees their implementation, manages regional property. The chairman of the junta represents the region in relations with the supreme bodies of the state, promulgates regional laws and regulations, coordinates the work of the junta and bears responsibility for it.

The representative of the central authority in the region is the government commissioner. He has a residence in the main city ​​of the region, supervises the activities of the state administration in the relevant territory and coordinates it with the activities of the region, controls the actions of the regional authorities.

Organization of self-government and administration .
The provinces are divided into provinces. The province also has a popularly elected council and a junta, formed in the provinces and communes by its chairman, who has been directly elected since 1993. The chairman only informs the council about the composition of the junta when he submits for its approval general directions activities of the junta. The representative of the state administration in the province is the prefect, who heads and coordinates the activities of public services in the relevant territory, supervises local representative bodies, controls the management process in areas such as justice, police, railways, etc. are the communes. The organs of the commune include the council and its chairman (syndic), elected by the people, and the junta, which is formed in the same way as the provincial junta. Sindik is not only the head of the commune's executive branch, but also acts as a representative of the state. In this capacity, he informs the prefect about the state of public order in the relevant territory, maintains a civil registry and population records, registers voters, etc.

The country has courts of general jurisdiction, including the Court of Cassation of the Republic, specialized courts, and sole magistrates. Administrative justice is represented by By the State Council, which is not only a judicial but also an advisory body. The Accounts Court exercises preliminary control over the legality of government acts, as well as subsequent control over the execution of the state budget, and participates in control over the financial activities of corporations.

In the post-war period, after lengthy discussions, the Constitutional Court was created, which is considered not as a body of justice, but as a special control body and a guarantee for the implementation of the Basic Law.

It adjudicates in the following cases: -

disputes about the constitutionality of laws and acts of the state and regions having the force of law; -

disputes about competence between different authorities of the state, between the state and regions, between regions; -

constitutionally charged charges against the President of the Republic.

The most recent most famous case before the Constitutional Court in late 2003 was the constitutional challenge of the Republic's Immunity Act, which guarantees immunity from prosecution during the mandates of the five most senior state leaders, including the Prime Minister.

In addition, the Constitutional Court decides on the admissibility of demands for referendums, on the abolition of existing legislative acts. In case of ambiguity or lack of clarity in the contested legislative acts, the Constitutional Court has the right to include “additional” or “substitute” provisions in them.

The Constitutional Court consists of 15 judges, with one third appointed by the President, one third by the Parliament at a joint session of the chambers, and one third by the magistracy. The term of office is nine years without the right to be re-elected. Members of the Constitutional Court are selected from among judges, university law professors and lawyers with 20 years of experience.

The office of a judge of the Constitutional Court is incompatible with the duty of a parliamentarian or member of the regional council, a minister, or with the pursuit of entrepreneurial activity.

16.8. Political and territorial structure of Italy

In accordance with the 1947 Constitution, Italy is a single unitary state. At the same time, the basic norms did not prevent the introduction of a special model of the administrative-territorial structure, known as the “regional state” or “the state of regional autonomies”. Moreover, the Constitution established two essential principle"Regional state": the principle of political decentralization and the principle of autonomy of territorial collectives within united state(v. 5). In practice, this meant granting independence, certain administrative powers to all territorial collectives: regions, provinces and communes.

The largest administrative-territorial units in Italy are the regions (they can be created if there are at least 1 million inhabitants). As a result of the administrative-territorial reform, 20 regions were formed, endowed with broad autonomy. The 1947 Constitution recognized the regions as autonomous entities with legislative, administrative and financial independence.

The five areas of special autonomy listed in Art. Of the Constitution

the same, Valle d "Aosta, Friuli Venezia Giulia, Sicily and Sardinia), they exercise power and administration on the basis of their own statutes-statutes governing all issues of the organization and functioning of the region. The remaining 15 areas of ordinary autonomy operate on the basis of the provisions of the Constitution ( Section V) and parliamentary laws.The statutes of such areas have the right to fix only issues related to the internal organization of the region, the exercise of the right of initiative and referendum in relation to the laws and administrative acts of the region, the procedure for publishing regional laws.

By constitutional means, the regions were transferred powers that were previously within the competence of the state. First of all, these are legislative powers (article of the Constitution). A list of issues on which the region has the right to adopt its own legislative norms has been determined. The laws of the regions cannot contradict the principles of the national legal order, international obligations, the interests of the state and other regions. In accordance with Art. 127 of the Constitution, a regional law is subject to obligatory endorsement (certification) by the regional government commissioner. At the same time, the government and the Parliament of the country cannot repeal or amend such laws, they can only challenge them in the Constitutional Court.

The subjects of the region's jurisdiction include a wide range of issues, including the organization of administrative institutions subordinate to the regional authorities, their own territorial structure, police, hospital services, museums, urban planning, agriculture and forestry, road communications, etc. bodies can delegate to regions and other powers. The regions receive local taxes and a share of state taxes, which is determined depending on the size of the population and the socio-economic potential of the region.

In accordance with the Constitution (Art.

3 tbsp. 118) regions have the right, on the basis of law, to delegate administrative powers to provinces, communes or use their respective services. Delegation involves the transfer of funds, if necessary, personnel or property to all territorial institutions of a given level or their associations. Delegation is carried out for a certain period and can be terminated early in case of serious deviations from the directions of activity established by the region. As part of the regional reform in the city, some administrative powers were transferred by the state directly to the communes, but the region retained the right to exercise certain control powers in this area. In accordance with Law No. 142 of 1990, oblasts can prescribe in their legislative acts the obligatory conclusion of agreements between local authorities for the joint implementation of their activities, but only the state has the right to require the creation of consortia by local institutions.

Provinces in accordance with Italian law are territorial units as well as regional divisions. The status of the provinces is regulated by the Italian law on the organization of autonomies in 1990. The lower level for the population of the provinces is set at 200 thousand inhabitants. Provides for the possibility of creating administrative districts in the provinces in order to more efficiently carry out administrative functions. In accordance with the regional development programs, the province adopts its own multi-year programs and plans for the development of the territory. Based on the relevant programs, the province coordinates the activities of the communes and independently acts in the field of economy, production, commerce, tourism, as well as social sphere, sports and culture.

Communes are the lowest and most numerous administrative-territorial units. When communes are formed, their population cannot be less than 10 thousand inhabitants. Communes have administrative powers in the field of social security, landscaping and use of the territory, its economic development, the creation of local industrial zones, and land use.

Nine large cities should be named as independent political and administrative units with a special status, according to the Italian law on the organization of autonomies in 1990: Turin, Milan, Venice, Genoa, Bologna, Florence, Rome, Bari, Naples.

In all territorial units of Italy there are representatives of the central government. In the region, these functions are performed by the government commissioner. In the provinces, they are entrusted to the prefect, who is part of the system of the Ministry of the Interior. In communes, such a government official is a syndic who informs the prefect about the state of public order and security, issues acts on the implementation of urgent measures in the field of health and hygiene, construction and local police. The Syndic maintains a civil registry and records of the population, fulfilling the requirements of the legislation on statistics, voter registration, and registration of persons liable for military service.

The system of governing bodies of the region, consisting of the regional council, the junta (government) and its chairman, is fixed at the constitutional level (Article 121). The regional council exercises legislative functions and administrative powers in accordance with the Constitution and the Statute of the region. The Council has the right to come up with legislative proposals to the chambers of the Italian Parliament. Junta is the executive body of the Council. The members of the junta and its chairman are elected by secret ballot at the first meeting of the regional council from among the members of the council. Dzhunta submits for the Council's consideration draft regional plans, budgets, schemes of development programs, and also oversees their implementation. This body manages the regional property, concludes transactions and contracts on behalf of the region, coordinates the activities of enterprises and services of regional subordination. Periodic reporting of the junta to the Council is envisaged in all regions.

A similar system of governing bodies operates at the communal level: the elected communal council, the junta, the head of the junta and the elected mayor in the commune.

Provinces and communes have the right to hold consultative referendums on issues of local importance.

Literature

Avtonomov A.S., Sivitsky V.A., Cherkasov A.I. Constitutional (state) law of foreign countries. M., 2001.S. 323-336.

I. A. Constitutional law foreign countries: Textbook. allowance. M., 2003. Ch. 17.

Gregorio A. Constitutional reforms in Italy: continuation of the debate // Law and Politics. 2000. No. 1.

Kovachev D.A. The Constitution of the Republic of Italy is 50 years old // Law and Economics. 1997. No. 1.

Constitutions of the states of Europe: In 3 volumes / Under total. ed. L.A. Okunkova. Moscow: Norma, 2001.T. 2.S. 97-132.

Constitutions of foreign states: Textbook. allowance / Comp. V. V. Maklakov. M., 2003.S. 180-212.

Political institutions at the turn of the millennium / Otv. ed. K. G. Kholodkovsky. Dubna, 2001.S. 330-357.

A special place among the highest state institutions in Italy is occupied by the Constitutional Court. According to the 1947 constitution, he has the right to make decisions on the unconstitutionality of legislative norms and thereby repeal them. Since 1956 when it was created. The Constitutional Court has passed such decisions more than 1000 times, related to various branches of law, on issues that most often arose in the course of court proceedings. Its decisions, as a rule, contributed to the implementation of the most democratic provisions of the Italian constitution. It also deals with disputes over competence between different authorities, between the state and regions of the state, or between regions, and finally, charges of violation of constitutional norms brought against the president of the republic and ministers. The Constitutional Court consists of 15 judges, of whom five are appointed by the president, five by parliament in a joint session of the chambers, and five by the highest general and administrative judicial bodies. They are appointed for 9-year terms from among experienced judges, lawyers and Law Professors. The President is elected by the members of the Constitutional Court themselves.

The general judicial system is headed by the Supreme Court of Cassation (commonly referred to as the Court of Cassation). Pursuant to the 1941 Judicial System Act, it ensures "strict observance and uniform interpretation of the law, unity of national law", considering as the last resort complaints on the right to court decisions in civil and criminal cases, as well as disputes over the competence of the courts. It has three chambers for civil cases and three for criminal cases. Chambers are chaired by presidents and hear cases with seven judges. The first chairman of the Court of Cassation may refer the most complex cassation complaints, including those already resolved by separate chambers, to a joint court hearing (out of 15 judges).

The 23 courts of appeal, sitting in the main cities of the judicial districts, are responsible for considering appeals against sentences and decisions of the tribunals at first instance. Cases in them are considered by a collegium of five professional judges.

The tribunals (there are 160 of them) consider, as a court of first instance, criminal and civil cases exceeding the competence of the praetoria, and as a second instance - appeals against judgments and decisions passed by the praetors. All cases before the tribunals are heard by panels of three professional judges.

Cases of the most serious criminal offenses fall within the jurisdiction of jury courts (there are 94 of them). They include two professional judges (one of them is the presiding judge) and six assessors, called “people's judges”. All of them constitute a single collegium, and sentences are passed by them at a joint meeting. Complaints against the verdicts of these courts are examined by the jury of appeal (there are 34 of them), which are created one or two in each of the judicial districts of the courts of appeal, They include, along with six "people's judges", two professional judges, of which one - a judge of the Court of Cassation (presiding judge), and the other is a member of the Court of Appeal.

Cases of less serious criminal offenses, for which up to three years of imprisonment can be imposed, are considered in the praetoria (there are about a thousand of them in the country) by the sole judge - the praetor. Most praetoria have one praetor, others have several (up to 50). Cases in which punishment is imposed, not related to imprisonment, are considered by the praetor in a simplified manner and without the participation of the parties. Praetoria also considers civil cases, the amount of the claim in which exceeds the competence of justices of the peace, and complaints against decisions made by justices of the peace.

Sole Justices of the Peace (there are about 10 thousand) have very limited competence: they are entitled to consider only civil cases with a small amount of claim. They are not professionals and do not receive a salary for their activities.

In 1988, the juvenile court system was reformed. An independent juvenile tribunal has been established in each circuit of the Court of Appeal, which consists of two professional judges and two experts (male and female). The tribunal hears cases of juvenile delinquency under the age of 18. Complaints against the rulings of the tribunal are considered in one of the chambers of the appellate court with the participation of two of the same experts.

The institutions of administrative justice in Italy form an independent system headed by the Council of State, at the same time as an advisory and judicial body. It monitors the legality of government and ministerial acts and hears complaints against decisions of regional administrative tribunals. These tribunals exist in each of the 20 regions and act as administrative justice bodies of first instance, considering complaints against decisions and actions of many executive powers.

Judges are appointed by the President of the Republic on the recommendation of the Minister of Justice, as a rule, from among persons with a higher legal education, who graduated from the courses of the Ministry of Justice and, after a competitive selection, enrolled in the position of a judicial auditor (trainee). The main role in the appointment and relocation of judges, whose irremovability is proclaimed in the Constitution (Article 107), is played by the Supreme Council of Magistrates, headed by the President. It includes, ex officio, the First President and the Prosecutor General of the Court of Cassation. The remaining 30 members of the council are elected (for a term of four years each) by 2/3 judges from various levels of judges and 1/3 - by parliament from university professors and lawyers.

Investigation of criminal cases is carried out by the judicial police, praetors (later the praetor sometimes considers the case investigated by him as a judge), republican prosecutors and, finally, investigating judges who are attached to the tribunals and are appointed from among the members of the tribunals (they usually carry out the so-called formal investigation in cases within the jurisdiction of the jury). The prosecution in criminal cases is supported in court by representatives of the prosecutor's office or other public officials appointed by the praetors (including police officers).

Prosecutors General at the Courts of Cassation and Appeals, Republican prosecutors at the tribunals represent hierarchically with their employees organized system, which functions under the auspices of the Minister of Justice. Representatives of the prosecutor's office also appear in courts in the consideration of certain civil cases (for example, in any proceedings in the Court of Cassation, in disputes about children, on recognition of incapacity, etc.).

Defense in criminal cases is carried out by lawyers either at the choice of the accused, or appointed in the manner of free legal aid, the receipt of which is framed by numerous formalities. According to the law, an accused may have no more than two defenders. At trial In civil cases, the parties are generally required to be represented by lawyers. Only the most experienced and qualified lawyers, included in the list, which is approved by the Superior Council of Magistracy, are allowed to speak in civil and criminal cases in the Court of Cassation and other higher courts.

Constitutional Court. For the first time in the history of the country, the Constitutional Court was established by the basic law of 1947. Before that, Italy did not know constitutional justice. Only eight years after the adoption of the constitution, a law was passed (March 11, 1953) on this body.

The court includes 15 judges elected for 9 years. Judges are not assigned to chambers, they act as a single collegium. Judges are appointed in thirds - by parliament at a joint session of chambers, by the President of the Republic and the higher magistracy, general and administrative. In parliament, appointment requires a two-thirds majority in the first three rounds and three-fifths in subsequent rounds. Such a qualified majority was established so that parties with a majority of seats in parliament and forming the government could not fully secure a third of the seats in the Constitutional Court. The appointment from the judiciary is made as follows: three judges are elected by the Court of Cassation, one by the Council of State, and one by the Court of Accounts. The President of the Republic appoints five members of the Court at his discretion, however, the decree of appointment must be countersigned by the Chairman of the Council of Ministers.

Judges are selected and selected from among the members of the highest general and administrative judiciary, even retired ones, full-time university law professors and lawyers - all must have at least 20 years of experience. Judges cannot be reappointed. The President of the Court is elected from among its members for a three-year term. Traditionally, a member whose term of office expires in the last three years becomes chairman; thus, the chairman can only hold office once.

The original term of office of judges was 12 years, and since 1967 it has been nine. The mandate of a judge is incompatible with the occupation of any position (engaging in politics, professional activity, even teaching law). Judges have immunity comparable to parliamentary. Permission to prosecute or remove them from office can only be granted by the Court itself. There are no age restrictions for judges, as in Germany or Austria. The court is an autonomous body in the administrative and financially, has its own separate room. He usually acts in plenary order, convened by the chairman, who appoints a rapporteur for the case and sets the date for the hearing. To make a decision, a quorum of 11 judges and the presence of at least one judge from each of the three assigned categories is required. Decisions are made by a majority of votes, if they are equal, the chairman's vote gives a preponderance.

The most important authority of the Court is to monitor the constitutionality of laws and acts that have the force of laws. Such control can be preliminary and subsequent. The first is carried out by the Court at the request of the government regarding the laws of the provinces before they are promulgated. Such consideration occurs when the government commissioner in the area considers that the area has exceeded his competence, or if its decision is contrary to the national interests or the interests of other areas. If the regional council confirms its law with an absolute majority of votes, then the chairman of the Council of Ministers can request the Constitutional Court within 15 days, counting from the time when he was informed about the second vote of the regional council. The decision of the head of government suspends the entry into the sipa of the act of the regional council. A court without a time limit for a decision can either reject the government's motion or annul the regional law. In practice, such calls are infrequent.

Follow-up control can be abstract or specific. The first can be carried out at the request of the regions in relation to the laws of the state and on the grounds of the violation by the latter of the competence of the region.

All laws or acts having the force of law can be the subject of control. The court regarding them can be requested by the general or special court when considering a specific case. The question of constitutionality can also be raised by the Court itself considering the case. If the requirement to declare unconstitutional a law or an act having the force of law is deemed justified, the Court shall declare invalid the legislative provisions within the scope of the request made to it. The court also announces legislative provisions, the illegality of which follows from its decision.

In addition, the Constitutional Court hears jurisdictional disputes in accordance with Article 134 of the Basic Law, i.e. possible disputes between parliament and government, head of state and parliament, judiciary and government.

When considering cases on the charge of the President of the Republic, the Constitutional Court is supplemented by 16 judges elected by the parliament for 9 years according to the same rules as the ordinary judges of this body. Election is carried out according to a pre-compiled lists of citizens who have the necessary qualifications for election to senators. Members of Parliament are not included in the list. As for the crimes committed by the Chairman of the Council of Ministers and Ministers, after the amendment to the Constitution, introduced in January 1989, their cases are considered in the ordinary course of the proceedings with the permission given by the Houses of Parliament. Prior to the adoption of this amendment, their cases were also heard by the Constitutional Court.

The court has the authority to vote by popular veto, which has already been mentioned. He examines the requirement to repeal a law or act having the force of law from the point of view of their constitutionality. The court examines the question of which of the claims are admissible and which contradict the range of laws in respect of which a popular veto cannot be carried out.

The Constitutional Court plays a prominent role in state system Italy, often acting as a "co-legislator" and even as a legislator when making decisions. This happens when the laws themselves suffer from gaps. The Court includes “additional” or “substitute” provisions in them.

Judicial system

According to Article 104 of the Constitution, the magistracy forms an autonomous and independent class of power. The magistracy includes judges and prosecutors. The highest constitutional body in the judicial hierarchy is the Superior Council of Magistrates, whose activities are regulated by the main law (Articles 104-108) and the law on this body of March 24, 1958, as well as a number of other acts. The Superior Council of Magistrates includes 24 people, of whom three are members of it by office - the President of the Republic as chairman, the chairman and the Prosecutor General of the Court of Cassation. The rest of the Council members are elected: 14 - by magistrates from among persons belonging to various categories of magistracy, 7 - by parliament at a joint meeting of the chambers from among the full-time university law professors and lawyers with 15 years of experience. Of the 14 magistrates, 6 are elected from among the magistrates of the Court of Cassation, two of whom must hold leading positions, 4 from the magistrates of the courts of appeal, and 4 from the magistrates of the tribunals with at least four years of service after being promoted to this position.

The competence of the Superior Council of Magistracy includes: admission to the magistracy, transfers, promotions and other measures related to the status of magistrates; the appointment and recall of honorary vice praetors, justices of the peace and their deputies, as well as members of specialized divisions other than magistrates; the imposition of disciplinary sanctions on magistrates ”nomination for distinguished service of professors and lawyers for appointment as magistrates of cassation; provided, within the budgetary allocation of compensation and subsidies to magistrates or their families, and some other functions.

The Italian judicial system is divided into two branches - general courts (civil and criminal cases) and special courts (administrative justice). The system of general courts is based on the judicial district, which, as a rule, does not coincide with the existing administrative-territorial units. The basis of the system is the counselors (justices of the peace), competent to perceive insignificant civil cases. Their position is unpaid and does not require a legal education. There is usually one counselor per commune, appointed from among the educated residents. The praetors consider appeals against the decisions of the councilors and decide civil cases as first instance with a certain amount of the claim (750 thousand lire). They also consider criminal cases in which the punishment does not exceed three years in prison. In the praetors' offices, departments may be formed to consider civil and criminal cases, cases subject to consideration at the second instance, or both at the same time, as well as a department for labor disputes. In total, there are about 1,000 praetors in the country.

Appeals against decisions of praetors are heard before the tribunals. The latter, in addition, are courts of first instance in a wide range of criminal and civil cases (there are only about 150 tribunals in the country). Each tribunal includes three judges. It is composed of jury trials dealing with serious criminal offenses. The decision in such courts is made by two professional and six non-professional (“people's”) judges. The verdict is passed by a simple majority of votes. The selection of "people's" judges is made by the president of the court by lot from among the candidates of the communes, practically including the entire adult population.

Twenty-three courts of appeal deal with civil and criminal cases from the tribunals; in the first instance, they hear an insignificant number of cases. Each such court is composed of 5 persons. As a specialized section in each court of appeal, there is a jury trial, reviewing jury decisions on appeal; such sections include two professional and six “people's” judges. Special tribunals at the Courts of Appeal hear cases of minors at first instance.

The highest court in the general court system is the Court of Cassation. Its functions include ensuring the unity of judicial practice, consideration of disputes on competence between courts. This body is the cassation instance for cases, races. reviewed by the courts of appeal. The court includes 6 chambers - three for criminal and civil cases. A jury of 7 judges decides on each case, and especially complex cases can be tried in joint chambers of 15 judges.

Special (administrative) justice is an independent branch. It splits into two subsystems - general administrative courts, headed by the State Council, and special ones, headed by the Accounts Chamber.