Constitutional Court of Italy


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.

Constitutional Court


Established1948 (in the Constitution)
1955 (effective)
LocationRome, Italy
Composition methodElected/appointed in equal portions by Italian Parliament, President of the Italian Republic, and highest Italian courts
Authorized byConstitution of Italy
Judge term length9 years (not renewable)
Number of positions15
WebsiteOfficial website
President of the Court
CurrentlyGiancarlo Coraggio
Since18 December 2020

History


The court is a post-World War II innovation.

The Court was 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 Constitution, the Court shall pass judgement on

  • controversies on the constitutional legitimacy of laws issued by the State and Regions and when the Court declares a law unconstitutional, the law ceases to have effect the day after the publication of the ruling;
  • conflicts arising from allocation of powers of the State and those powers allocated to State and Regions, and between Regions;
  • charges brought against the President.

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. Candidates need to be either lawyers with twenty years or more experience, full professors of law, or (former) judges of the Supreme Administrative, Civil and Criminal tribunals.[4] The members then elect the President of the Court, since 16 September 2020 this has been Mario Rosario Morelli. 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.

Membership


Appointed by

  President of Italy   Courts of Italy   Parliament of Italy

PortraitNameAppointed byDate electedDate sworn inEnd of termType of membership
Giancarlo Coraggio
(1940– )
Courts
(Council of State)
19 November 201228 January 201328 January 2022President
(since 18 December 2020)
Giuliano Amato
(1938– )
President
(Giorgio Napolitano)
12 September 201318 September 201318 September 2022Vice president
(since 16 September 2020)
Daria de Pretis
(1956– )
President
(Giorgio Napolitano)
18 October 201411 November 201411 November 2023Judge
Nicolò Zanon
(1961– )
President
(Giorgio Napolitano)
18 October 201411 November 201411 November 2023Judge
Silvana Sciarra
(1948– )
Parliament
(17th Legislature)
6 November 201411 November 201411 November 2023Judge
Franco Modugno
(1938– )
Parliament
(17th Legislature)
16 December 201521 December 201521 December 2024Judge
Augusto Barbera
(1938– )
Parliament
(17th Legislature)
16 December 201521 December 201521 December 2024Judge
Giulio Prosperetti
(1946– )
Parliament
(17th Legislature)
16 December 201521 December 201521 December 2024Judge
Giovanni Amoroso
(1949– )
Courts
(Court of Cassation)
26 October 201713 November 201713 November 2026Judge
Francesco Viganò
(1966– )
President
(Sergio Mattarella)
24 February 20188 March 20188 March 2027Judge
Luca Antonini
(1963– )
Parliament
(18th Legislature)
19 July 201826 July 201826 July 2027Judge
Stefano Petitti
(1953–)
Courts
(Court of Cassation)
28 November 201910 December 201910 December 2028Judge
Angelo Buscema
(1952– )
Courts
(Court of Audit)
12 July 202015 September 202015 September 2029Judge
Emanuela Navarretta
(1966– )
President
(Sergio Mattarella)
9 September 202015 September 202015 September 2029Judge
Maria Rosaria San Giorgio
(1952– )
Courts
(Court of Cassation)
16 December 202017 December 202017 December 2029Judge

See also


References


  1. url=http://www.governo.it/Presidenza/CONTENZIOSO/contenzioso_costituzionale/documentazione/L_19530311_87.pdf
  2. "The Italian Constitution". The official website of the Presidency of the Italian Republic.
  3. Parliament appoints judges with increasing delay: see (in Italian)Giuseppe Salvaggiulo, Consulta, sfregio infinito. Ventisei votazioni fallite, in La Stampa, 3 October 2015 and (in Italian)Giampiero Buonomo, Negoziazione politica e Parlamento...Non solo risate, in Avanti online, 26 August 2015.
  4. Justin O. Frosini and Sara Pennicino (2 February 2007). "Report from Italy". thecourt.ca. Archived from the original on 30 January 2015. Retrieved 29 January 2015.