Constitutional Court of Italy

Italian Parliament President of Italy Regions of Italy
Constitutional Court
Corte Costituzionale.png

Palazzo della Consulta Roma 2006.jpg
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
CurrentlyMarta Cartabia
Since11 December 2019
Emblem of Italy.svg
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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.

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

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 11 December 2019 this has been Marta Cartabia. 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

Portrait Name Appointed by Date elected Date sworn in End of term Type of membership
Mario Rosario Morelli.jpg Mario Rosario Morelli
(1941– )
Courts
(Court of Cassation)
18 November 2011 12 December 2011 12 December 2020 Vice President
(since 8 March 2018)
Giancarlo Coraggio crop.jpg Giancarlo Coraggio
(1940– )
Courts
(Council of State)
19 November 2012 28 January 2013 28 January 2022 Judge
Giuliano Amato.jpg Giuliano Amato
(1938– )
President
(Giorgio Napolitano)
12 September 2013 18 September 2013 18 September 2022 Judge
Daria de Pretis crop.jpg Daria de Pretis
(1956– )
President
(Giorgio Napolitano)
18 October 2014 11 November 2014 11 November 2023 Judge
Nicolò Zanon crop.jpg Nicolò Zanon
(1961– )
President
(Giorgio Napolitano)
18 October 2014 11 November 2014 11 November 2023 Judge
Silvana Sciarra.jpg Silvana Sciarra
(1948– )
Parliament
(17th Legislature)
6 November 2014 11 November 2014 11 November 2023 Judge
Franco Modugno.jpg Franco Modugno
(1938– )
Parliament
(17th Legislature)
16 December 2015 21 December 2015 21 December 2024 Judge
Augusto Antonio Barbera.jpg Augusto Barbera
(1938– )
Parliament
(17th Legislature)
16 December 2015 21 December 2015 21 December 2024 Judge
Giulio Prosperetti.jpg Giulio Prosperetti
(1946– )
Parliament
(17th Legislature)
16 December 2015 21 December 2015 21 December 2024 Judge
Giovanni Amoroso crop.jpg Giovanni Amoroso
(1949– )
Courts
(Court of Cassation)
26 October 2017 13 November 2017 13 November 2026 Judge
Francesco Viganò crop.jpg Francesco Viganò
(1966– )
President
(Sergio Mattarella)
24 February 2018 8 March 2018 8 March 2027 Judge
Luca Antonini (cropped).jpg Luca Antonini
(1963– )
Parliament
(18th Legislature)
19 July 2018 26 July 2018 26 July 2027 Judge
Stefano Pettiti 2019.jpg Stefano Petitti
(1953–)
Courts
(Court of Cassation)
28 November 2019 10 December 2019 10 December 2028 Judge
Appointed not yet in office
Corte Costituzionale.png Angelo Buscema
(1952– )
Courts
(Court of Audit)
12 July 2020 Assuming office on 13 September 2020
Replacing Judge Aldo Carosi
Judge
Corte Costituzionale.png Emanuela Navarretta
(1966– )
President
(Sergio Mattarella)
9 September 2020 Assuming office on 13 September 2020
Replacing Judge Marta Cartabia
Judge

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.