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  • Costituzione della Repubblica Italiana: Versione del 27 dicembre 1947.
  • Edited by Jürgen Basedow, Giesela Rühl, Franco Ferrari and Pedro de Miguel Asensio.
  • Constitution of Italy?
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  • Come si scrive una Costituzione.

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Comitato economico e sociale. Comitato delle Regioni. Europol — European Police Office. Mediatore europeo. The repeal can be expressed by an explicit statement of legislator or implied because of inconsistency with subsequent law. Moreover it can be a consequence of referendum or due to intrinsic causes special laws issued for a limited period or in particular circumstances.

Appello nominale [Roll call] : one of the ways in which the Houses of a Parliament vote. It consists in the calling in alphabetical order of each single Member of Parliament, who is expected to openly and publicly cast his or her vote. Assemblea costituente [Constituent Assembly] : special and provisional collegial body elected to draw up and to approve a Constitution, as well as to carry out the legislative tasks normally appertaining to Parliament. Associazione [Association]: organized complex of people and property having no financial ends.

Associazione Nazionale Magistrati [A. Atti di alta amministrazione [Upper Administrative Acts] : fundamental directives adopted by the Public Administration in order to meet Government policies on the management and care of its functions these therefore act as links between policy and administration. Atti aventi valore di legge [Legally binding Acts] : decrees law, legislative decrees and normal Regional laws are defined as such.

They are characterized by the fact that, although having all the effects of law, they are limited in terms of their duration or in what they regulate. Atti di concerto [Collegial Acts] : acts that invest more than one authority and more than one particular competence and for which more than one body concurs with respect to what is regulated. Atti di controllo [Controlling Acts] : second level regulations to reform — or to re-examine — a previously passed act or procedure the following are examples of these: visas, approvals, authorizations, validations or annulments during checking procedure.

Atti definitivi [Definitive Acts] : administrative acts that cannot be altered by ordinary administrative procedures. Atti generali [General Acts] : Public Administration acts dealing with general or abstract matters that apply to an indeterminate number of parties. Atti giuridici [Legal Acts] : conscious and voluntary behaviors that has legal effects. Atti ispettivi del Parlamento [Parliamentary Inspecting Acts] : a posteriori acts usually passed separately by each House that politically control the activity of the Government.

In certain cases they take on a preventive form in order to solicit a decision such as, for example, in the case of parliamentary questions. Atti normativi [Normative Acts] : acts that affect an indeterminate number of subjects and can modify or renovate the existing legal system. Atti parlamentari [Parliamentary Acts] : acts resulting from the work carried out by each House of Parliament Deputies and Senators. Parliamentary acts also include summary reports of Committee meetings, that contain all the bills presented in the Houses. Atti politici [Political Acts] : through these acts Government policy that is the supreme will of the State is implemented.

Atto unilaterale [Unilateral Act] : acts through which a single party in particular a State sets down rules that result in rights and obligations in the legal relationships existing between international community parties. Autarchia [Autarchy] : the ability of bodies other than the State to dispose of public authority; it consists in the ability, inherent to public bodies, to administer their own interests by carrying out an administrative task that has the same character and the same legal efficacy as that of the State.

It stands for the particular condition of certain public bodies that are permitted to administer themselves by means of internal institutions and procedures. Autonomie locali [Autonomous Local Bodies] : local bodies that the State recognizes as autonomous authorities; they have the right and the effective ability to regulate and to administer — within the bounds of the Law and on their own responsibility — a significant part of public affairs. Avvocatura dello Stato [State Attorney-General Office] : auxiliary organ with general competencies that the State Administration institutionally entrusted of the representation and the defense in judgment involving ordinary, administrative and special jurisdiction, arbitration colleges and constitutional jurisdictions.

Bicameralismo perfetto [Pure Bicameralism] : in a twin House parliamentary system both Houses have identical powers and functions. Bollettino Ufficiale [Official Bulletin] : a periodical issue edited by Public Bodies and Administrations which publishes internal regulations and, more in general, the laws and rules regulating the administrative sectors within the competencies of the Body that publishes the Bulletin. Burocrazia [Bureaucracy] : complex of offices and personnel that apply the regulations drawn up by the organs of the Public Administration.

Catasto [Land Register] : general list of all property land or real estate that determines the consistency and the income of property through its description, measurement and estimation. Circondario [District] : territorial area that delimits the competence of an ordinary Court. Coalizione di Governo [Government Coalition] : coalition of Parties that, taken together an absolute majority in Parliament, provides the parliamentary basis for the Government.

It pursues a coordinated and common political line with respect to the political Parties that it comprehends. Codice [Code] : systematic and organized set of laws relating to the same subject or sector for example: Civil Code, Penal Code, etc. Codificazione [Codification] : ordered and coherent system of norms and regulations in a particular field. It is made up of the representatives of Local and Regional Councils and it is nominated on the basis of proposals from the respective Member-States.

Comitato Regionale di Controllo [CO. Commissione europea [European Commission] : executive organ of the European Union that implements Community acts and treaties. Comune [Commune] : territorially defined public body headed by a Mayor elected directly by the citizens. Conferenza permanente tra Stato e Regioni [Permanent Conference between State and Regions] : corporate Body that has an information, consultation and coordinating role with respect to general policies barring foreign policy, justice and national security.

They have an administrative character, that is compulsorily determined by Law and they are competent for all magistrates of the District. Consiglio comunale [Communal Council] : highest institutional organ of the Commune.

The Communal Council represents the local community by which it is directly elected. It has duties of policy and of political-administrative control. Its presidency is assigned on a six-month in rotation to each Member-State of the European Union. Consiglio di gabinetto [Cabinet Council] : organ that assists the Prime Minister and the Vice-Prime Minister in their political activity, notwithstanding the powers of the Council of Ministers.

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Consiglio Nazionale delle Ricerche [C. CNR has the legal status of a public organization, and defines for itself autonomous rules and regulations, in accordance with the existing laws and the Civil Code. Consiglio notarile [Notarial Council] : established in each Notarial District, it has a watch role on the notarial profession and on the conduct of notaries registered in the District.

Consiglio provinciale [Provincial Council] : representative collegial organ that has a guiding and political-administrative inspection role in the context of the Province. Consiglio regionale [Regional Council] : the highest deliberative and representative organ of the Region. It has normative and administrative competencies as well as organizational, financial and book-keeping autonomy. Consiglio di sicurezza [Security Council] : it is the most important organ of the United Nations Organization and has a fundamental task in the maintenance of international peace and security.

Consiglio di Stato [Council of State] : an organ that has a jurisdictional and consultative function in the administrative sphere. As a jurisdictional organ, it is competent to re-examine on second level the judgements pronounced by the Regional Administrative Tribunals TAR. Consiglio Superiore della Magistratura [C. It is a self-governing body of the Magistracy.

It issues orders for the appointment, assignment, transfer and promotion of magistrates judges and public prosecutors together with having responsibility for disciplinary judgements. Consuetudine [Custom] : source of Law that consists of a behavior, conforming to the Law, which is kept in a constant and uniform way by the citizens.

It is a primary level source in the hierarchy of norms of the international legal system. Consultazione popolare [Popular Consultation] : system of inquiry: opinion poll, through which the attitude of citizens with respect to political-administrative orientations is verified. Corte Costituzionale [Constitutional Court] : body set up by the Italian Constitution to carry out the following functions: to adjudicate on the constitutionality of laws deciding whether they comply with the provisions of the Constitution ; to adjudicate on conflicts between State Powers legislative, administrative, judicial , between the State and Regions or between different Regions; to adjudicate on the admissibility of repealing referendums; to adjudicate, in cases provided for under the law, on criminal charges brought against the President of the Italian Republic.

The Court is made up of fifteen judges holding office for nine years. It is made up of three judges. It has territorial jurisdiction within its own District, generally corresponding to a Region. The Court is normally located in the Region capital. In carrying out their functions the jurors have equal status to the Court judges: their votes count for the same as those of the judges when the Court reaches a sentence. It is responsible for checking the legitimacy of the activities of the Government and of the Public Administration.

It is also responsible for checking the management of the accounts of the State, of the Public Administrations generally and of the bodies subsidized by the State. It also has a judicial function in the field of public accounting and in relation to pensions of State officials. When dealing with matters of particular significance it sits in United Sessions. The Court of Accounts also has a consultative function when asked to give opinions on specific matters and a referral role when it is called upon to report directly to the Houses of Parliament on the results of the checks it has carried out.

Questions relating to conflicts of jurisdiction, competence and powers within the Magistracy are also referred to it for adjudication. It hears appeals both in civil and criminal matters against decisions reached by lower Courts but only on points of law assessment of legitimacy. It is thus concerned to ensure that the Court dealing with the merits of the case has correctly applied and interpreted the law in reaching its decision. It is a collegial body dealing with ordinary jurisdiction. In cases of particular importance it sits in United Sessions. Its offices are in Rome and it has jurisdiction over the whole territory of the Italian Republic.

The Court has the power to settle legal disputes between Member-States, European Union Institutions, businesses and individuals. It can be appealed to for violations of rights and liberties guaranteed by the Convention. In accordance to the Statute it is an organ of the United Nations. It is made up of fifteen judges of various nationalities who are elected on the basis of their competencies and moral standing. Costituzione [Constitution] : fundamental law of the Republic that sanctions the fundamental principles, the duties and rights of citizens. It also regulates the State organization.

Decreto-legge [D. Decrees law can be converted to laws by Parliament. Decreto legislativo [D. Decreto ministeriale [D. Decreto del Presidente della Repubblica [D. Its scope is to serve the public interest and, as such, it is subject to different rules than those that govern private property. This kind of property is, in fact, inalienable and from it cannot accrue any right to a third part. Democrazia diretta [Istituti di, Institutions of Direct Democracy] : Institutions provided by the Constitution through which the people, in whom sovereignty rests, directly exercises its powers.

These institutions are: popular initiative of bills and laws, right of petition and the popular referendum. Deputati [Members of Parliament] : members of Parliament elected by direct universal suffrage, some by means of majority voting system and others by means of proportional representation system. All citizens over twenty five years can be elected as long as they are not in a state of ineligibility as set out by Law.

Their mandate lasts for five years, which is for the whole legislature. Deregulation : progressive suppression of norms issued by public authority that regulate, in particular, economic activity. In practice this means the abolition of controls having social objectives that limit the free initiative of entrepreneurs.

Direttiva comunitaria [Community Directive] : in European Community Law a directive is a legislative instrument that is binding on the Member-States to which it is addressed as regards the result to be obtained, but leaves them free to determine the form and methods. Directives may be adopted under the European Community Treaty either by the European Parliament and the Council or by the Council or by the Commission.

Once adopted, Community Directives still have to be transposed by each of the Member-States, that is to say they must be implemented by national Law. Diritto amministrativo [Administrative Law] : branch of the Law that regulates, within the bounds of the Constitution and of the Law, the administrative activity of the State in all its facets. It is concerned with the organization, property, means, forms and the safeguarding of the activity of the Public Administration.

Diritto costituzionale [Constitutional Law] : the fundamental principles and regulations of the State, citizens and all other community parties. Diritto internazionale [International Law] : set of rules on which States regulate their political, economic and social relationships.

Amongst International Law sources, international Treaties are of particular importance. Diritto pubblico [Public Law] : set of regulations that govern the formation, the organization and the activity of the State and Public Bodies, as well as their relations with private parties in cases in which the State or Public Bodies are in a position of superiority that derives from the fact that the latter are acting as public authorities.

Disposizioni sulla legge in generale o preleggi [Provisions for law in general or Pre-laws] : norms that are premises of the Civil Code that regulate the entire Italian legal system. There are two types: the first is concerned with Law sources; the second sets norms in relation to Law application criteria binding effect, effects over time, interpretation of Law, treatment of foreigners. Disposizioni transitorie e finali della Costituzione [Transitional and Final Provisions of the Constitution] : provisions, marked by Roman numbers, that contain norms that have the same formal value as the Constitution.

The majority of these are aimed at regulating and guaranteeing, by means of transitional norms, the correct establishment of the new constitutional regime. Elettorato [Electorate] : the exercise of a public power attributed to all the electors expected to vote. Belonging to the electorate is documented and attained through being registered in the electoral register. Elezioni [Elections] : popular consultation through which the citizens, with the exercise of their right to vote, choose their representatives in the various institutional organizations e.

Enti locali [ Local Bodies ] : public bodies that operate in a restricted territorial area for matters that are of strictly local interest; in order to carry out this task they are, at various levels, politically and legally autonomous. Enti pubblici [Public Bodies] : legal persons through which the Public Administration carries out its administrative activity.

Fonti del diritto [Sources of the Law] : each of the various types of facts or acts that, in the context of a given legal system, can give rise to, can modify or cancel legal norms. Forma di governo [Form of Government] : the way in which the political power of a State is organized and managed. In particular, in relation to the way in which executive and legislative power is divided, the form of government can be parliamentary or presidential.

Funzione pubblica Dipartimento della [Public Administration Department for ] : activity carried out in the interest not only of the party exercising that power but of the community as a whole. All the functions of the State are included in this notion legislative activity, jurisdiction and administration.

Gazzetta Ufficiale [G. As well as normative acts, the Official Gazette publishes all acts of public interest and the notifications and insertions that must be compulsorily announced. Gerarchia delle fonti del diritto [Hierarchy of Sources of the Law] : way of distinguishing different Law sources according to their importance. The most important source in Italian legal system is the Constitution. Giunta comunale [Communal Board] : government organ of the Commune. It carries out proposal and orientation activities with regards to the Communal Council. It collaborates with the Mayor in the administration of the Commune and operates through collegial deliberations fulfilling the acts that are not exclusive to Communal Council or that do not fall within the competencies, in accordance with the laws or the Statute, of the Mayor or other organs of decentralized authority.

Giunta provinciale [Provincial Board] : executive organ of the Province. Its competencies include general active administration for all matters that are not attributed to other provincial organs. Giunta regionale [Regional Board] : executive organ of the Region. It has general administrative competence and the power to issue circulars and to regulate its working through specific internal regulations.

Also, it has the task of enacting the political program drawn up by the Council. It can promote bills and laws and can impugn the constitutionality of State or other Regions laws that impinge on its competence. Giurisdizione [Jurisdiction] : it is one of the three typical modes by which the sovereignty of the State is enacted. Giustizia amministrativa [Administrative Justice] : the complex of institutions that are predisposed for the defense of the citizens or of public or private organizations with respect to the Public Administration.

Governo [Government] : complex body to which the exercise of the executive power of the State is principally attributed. It consists of a Prime Minister and Ministers, who together make up the Cabinet. The President of the Republic nominates the Prime Minister and, on the suggestion of the latter, the Ministers. The Government also has certain normative powers that are exercised through the enactment of decree laws, legislative decrees and regulations. Guardasigilli [Keeper of the Seals] : he is the Minister of Justice who, by tradition, is the custodian of the State Seal and in this role countersigns laws and decrees in order to their publication.

A bill is drafted in paragraphs and articles and is presented to one of the Houses where it is debated. Interrogazione [ Parliamentary Question] : political inspection act consisting of a written question made by a Member of Parliament usually of the Opposition to the Government or to a Minister on a particular situation in order to be granted information or explanations with regard to a particular issue or the provisions that have been made or will be made in its regard. Set up in , it is under the control of the Ministry of Treasury, the budget and the financial planning. It has the task of exercising graphic arts in the interest of the State, the management of publications and of the State Stationery Office.

It publishes the Official Gazette of the Republic and distributes public databases. To its original tasks, others — such as minting, the creation of official seals, and, on the authorization of the Treasury, minting for foreign States — have been added. It contains about forty databases of legal electronic documents regarding legislation, jurisprudence, legal authority and bibliographies. The ItalgiureWeb querying system is currently available on the Web and is freely accessible only to normal magistrates.

Iter legislativo [Legislative Iter ] : expression commonly used to indicate the course that a bill or any other text presented to Parliament must follow before arriving at a definitive vote. Lavori parlamentari [Parliamentary Works] : activities carried out by Parliamentary Assemblies, Boards, Groups and Committees, as well as by other bodies in accordance with Parliamentary Houses regulations, adopted to ensure the proper functioning of Parliament itself.

Lavori preparatori [Preparatory Works] : activities that precede the approval of legislative acts. These include the illustration of bills and their debating in Assembly. Legge costituzionale e Legge di revisione costituzionale [Constitutional Laws and Constitutional Revising Laws] : Law sources of a constitutional nature that are added to the text of the Constitutional Charter and that, differently from ordinary laws, must be passed by Parliament with specific procedures that are set out in the Constitution itself.

Legge delega [Delegated Law] : it is a provision that defines the subject and the principles that the Government must keep to in enacting a specific legislative decree. Any citizen entitled to vote for the Chamber of Deputies has the right to vote in a referendum, and if the majority of those eligible has voted and a majority of valid votes has been achieved, the referendum is considered carried. The Government cannot have legislative functions, except for a limited times and for specific purposes established in cases of necessity and urgency, and cannot issue a decree having the force of a law without an enabling act [13] from the Parliament.

Temporary measures shall lose effect from the beginning if not transposed into law by the Parliament within sixty days of their publication. Parliament may regulate the legal relations arisen from the rejected measures. The Constitution gives to the Parliament the authority to declare a state of war and to vest the necessary powers into the Government. The Parliament has also the authority to grant amnesties and pardons through a law having a two-thirds majority in both Houses, on each section and on the final vote, and having a deadline for implementation.

Such amnesties and pardons cannot be granted for crimes committed after the introduction of such bill. Parliament can authorise by law the ratification of such international treaties as have a political nature, require arbitration or a legal settlement, entail change of borders, spending or new legislation. Budget and financial statements introduced by the Government must be passed by the Parliament every year, while provisional implementation of the budget may not be allowed except by law and for no longer than four months.

The budget must balance revenue and expenditure , taking account of the adverse and favourable phases of the economic cycle , which can be the only justification for borrowing. New or increased expenditure must be introduced by laws providing for the resources to cover it. Both Houses can conduct enquiries on matters of public interest, through a Committee of its Members representing the proportionality of existing parties. A Committee of Enquiry may conduct investigations and examination with the same powers and limitations as the judiciary.

The President of the Republic [7] is elected for seven years by the Parliament in joint session , together with three delegates from each Region , except for Valle d'Aosta having one, elected by the Regional Councils in order to ensure the representation of minorities. The election is by secret ballot initially with a majority of two-thirds of the assembly , while after the third ballot an absolute majority is sufficient.

Thirty days before the end of the term of the current President of the Republic, the President of the Chamber of Deputies must summon a joint session of Parliament and the regional delegates to elect the new President of the Republic. During or in the three months preceding the dissolution of Parliament , the election must be held within the first fifteen days of the first sitting of a new Parliament. In the meantime, the powers of the incumbent President of the Republic are extended. Any citizen over fifty enjoying civil and political rights can be elected President.

Those citizens who already hold any other office are barred from becoming President, unless they resign their previous office once they are elected. The salary and privileges of the President are established by law. In all the cases in which the President is unable to perform the functions of the Office, these shall be performed by the President of the Senate of the Republic. In the event of permanent incapacity, death or resignation of the President of the Republic, the President of the Chamber of Deputies must call an election of a new President of the Republic within fifteen days, notwithstanding the longer term envisaged during dissolution of the Parliament or in the three months preceding dissolution.

According to the Constitution, the primary role of the President, as Head of the state, is to represent the national unity. Among the powers of the President are the capacity to. A writ from the President cannot be valid unless signed by the proposing Minister , and in order to have force of law must be countersigned by the President of the Council of ministers. The President is not responsible for the actions performed in the exercise of his duties, except for high treason and violation of the Constitution, for which the President can be impeached by the Parliament in joint session, with an absolute majority of its members.

Before taking office, the President must take an oath of allegiance to the Republic and pledge to uphold the Constitution before the Parliament in joint session. The Government of the Republic [7] is composed of the President of the Council of ministers and the other Ministers. The President of the Republic appoints the President of the Council and, on his proposal, the Ministers that form its cabinet ; swearing them all in before they can take office. All the appointees must receive, within ten days of the appointments, the confidence of both Houses for the formation of a Government, each House being able to grant or withdraw its confidence through a reasoned motion voted on by roll-call.

If one or both Houses vote against a bill proposed by the Government, this does not entail the obligation to resign, however sometimes the President of the Council does attach a confidence vote to a proposal of importance according to the Government. If the majority coalition in one or both Houses does not support the Government anymore, a motion of no-confidence can be presented. It must be signed by at least one-tenth of the members of the House and cannot be debated earlier than three days from its presentation.

The primary function of the President of the Council is to conduct the general policy of the Government, holding responsibility for it. The President of the Council ensures the coherence of political and administrative policies, by promoting and co-ordinating the activities of the Ministers. The Ministers are collectively responsible for the acts of the Council of Ministers.

They are also individually responsible for the acts of their own ministries. The organisation of the Presidency of the Council, as well as the number, competence and organisation of the ministries is established by law. The Members of the Council of ministers , even if they resign from office , are subject to normal justice for crimes committed in the exercise of their duties, provided authorisation is given by the Senate of the Republic or the Chamber of Deputies , in accordance with the norms provided by the Constitutional law.

General government entities must ensure a balanced budget and a sustainable public debt , in accordance with the European Union law. The regulations of the offices lay down the areas of competence, the duties and the responsibilities of the officials.

Employment in public administration is accessed through competitive examinations, except in the cases established by law. Civil servants are exclusively at the service of the nation. If they are Members of Parliament , they cannot be promoted in their services, except through seniority. Limitations are established by law on the right to become members of political parties in the case of magistrates, career military staff in active service, law enforcement officers, and overseas diplomatic and consular representatives.

The National Council for Economics and Labour CNEL is composed, [7] as set out by law, of experts and representatives of the economic categories, in such a proportion as to take account of their numerical and qualitative importance. It serves as a consultative body for Parliament and the Government on those matters and those functions attributed to it by law. It can initiate legislation and may contribute to drafting economic and social legislation according to the principles and within the limitations laid out by law.

The Council of State is a legal-administrative consultative body and it oversees the administration of justice. The Court of Accounts exercises preventive control over the legitimacy of Government measures, and also ex-post auditing of the administration of the State budget. It participates, in the cases and ways established by law, in auditing the financial management of the entities receiving regular budgetary support from the State.

It reports directly to Parliament on the results of audits performed. The law ensures the independence from the Government of the two bodies and of their members. Article [7] states that justice is administered in the name of the people, and that judges are subject only to the law. The Constitution empowers the Judiciary to nominate and regulate magistrates exercising legal proceedings , establishing the Judiciary as autonomous and independent of all other powers.

Special judges are prohibited, while only specialised sections for specific matters within the ordinary judicial bodies can be established, and must include the participation of qualified citizens who are not members of the Judiciary. The provisions concerning the organisation of the Judiciary and the judges are established by law, ensuring the independence of judges of special courts, of state prosecutors of those courts, and of other persons participating in the administration of justice.

Direct participation of the people in the administration of justice is also regulated by law. The Council of State and the other bodies of judicial administration have jurisdiction over the protection of legitimate rights before the public administration and, in particular matters laid out by law, also of subjective rights. The Court of Accounts has jurisdiction in matters of public accounts and in other matters laid out by law.

The jurisdiction of military tribunals in times of war is established by law. In times of peace they have jurisdiction only for military crimes committed by members of the Armed Forces. The High Council of the Judiciary is presided over by the President of the Republic , two-thirds of its members are elected by all the ordinary judges belonging to the various categories, and one third are elected by Parliament in joint session from among university professors of law and lawyers with fifteen years of practice.

Its vice-president is elected by the Council from among those members designated by Parliament. The members of the Council are elected for four years and cannot be immediately re-elected. They also cannot be registered in professional rolls, nor serve in Parliament or on a Regional Council while in office. The Council has jurisdiction for employment, assignments and transfers, promotions and disciplinary measures of judges, following the regulations established by the Judiciary.

Judges are selected through competitive examinations, while honorary judges for all the functions performed by single judges can be appointed also by election. University professors of law and lawyers with fifteen years of practice and registered in the special professional rolls for the higher courts can be appointed for their outstanding merits as Cassation councillors, following recommendations by the Council. Judges cannot be removed, dismissed or suspended from office or assigned to other courts or functions unless by a decision of the Council, following the rules established by the Judiciary or with the consent of the judges themselves.

Judges are distinguished only by their different functions, and the state prosecutor enjoys the guarantees established by the Judiciary.

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The legal authorities have direct use of the judicial police. The Minister of Justice is responsible for the organisation and functioning of those services involved with justice and has the power to originate disciplinary actions against judges, which are then administered by the High Council of the Judiciary. Jurisdiction [7] is implemented through due process regulated by law. Adversary proceedings , equality before the law and the impartiality of the judge are recognised for all court trials , whose duration of trials is reasonably established by law.

The right to a fair trial is recognized, with the defendant having the right to be promptly informed confidentially of the nature and reasons for the charges brought and the right to adequate time and conditions to prepare a defence. The rights to direct , cross and redirect examination are also recognised to both the defendant and the prosecutor. The defendant has also the right to produce all other evidence in favour of the defence, and to be assisted by an interpreter in the case that he or she does not speak or understand the language in which the court proceedings are conducted.

The formation of evidence is based on the principle of adversary hearings and the laws regulates the cases in which the formation of evidence does not occur in an adversary proceeding with the consent of the defendant or owing to reasons of ascertained objective impossibility or proven illicit conduct.

Presumption of innocence is recognised and the guilt of the defendant cannot be established on the basis of statements by persons who by choice have always avoided cross-examination by the defendant or the defence counsel. All judicial decisions must include a statement of reasons, and appeals to the Court of Cassation in cases of violations of the law are always allowed against sentences affecting personal freedoms pronounced by ordinary and special courts, except possibly in cases of sentences by military tribunals in time of war.

Appeals to the Court of Cassation against decisions of the Council of State and the Court of Accounts are permitted only for reasons of jurisdiction. The public prosecutor has the obligation to institute criminal proceedings. The judicial safeguarding of rights and legitimate interests before the bodies of ordinary or administrative justice is always permitted against acts of the public administration.

Such judicial protection cannot be excluded or limited to particular kinds of appeal or for particular categories of acts. The law determines which judicial bodies are empowered to annul acts of public administration in the cases and with the consequences provided for by the law itself. According to Article [7] the Republic is composed of the Municipalities comuni , the Provinces , the Metropolitan Cities , the Regions and the State. Municipalities, provinces, metropolitan cities and regions are recognised as autonomous entities having their own statutes, powers and functions in accordance with the principles of Constitution.

Rome is the capital of the Republic, and its status is regulated by law. The allocation of legislative powers between the State and the Regions is established in compliance with the Constitution and with the constraints deriving from international treaties , besides the already mentioned autonomous status granted to some Regions.

Concurring legislation applies to the following subject matters: international and EU relations of the Regions ; foreign trade ; job protection and safety ; education, subject to the autonomy of educational institutions and with the exception of vocational education and training; professions; scientific and technological research and innovation support for productive sectors; health protection ; nutrition ; sports ; disaster relief ; land-use planning; civil ports and airports; large transport and navigation networks ; communications ; national production , transport and distribution of energy ; complementary and supplementary social security ; co-ordination of public finance and taxation system ; enhancement of cultural and environmental properties, including the promotion and organisation of cultural activities ; savings banks , rural banks, regional credit institutions; regional land and agricultural credit institutions.

In the subject matters covered by concurring legislation legislative powers are vested in the Regions, except for the determination of the fundamental principles, which are laid down in State legislation. The Regions have legislative powers in all subject matters not expressly covered by State legislation. The Regions and the autonomous provinces of Trent and Bolzano take part in preparatory decision-making process of EU legislative acts in the areas that fall within their responsibilities, and are also responsible for the implementation of international agreements and European measures, in the limits established by the law.

Regulatory powers is vested in the State with respect to the subject matters of exclusive legislation, subject to any delegations of such powers to the Regions. Regulatory powers are vested in the Regions in all other subject matters. Municipalities , Provinces and Metropolitan Cities have regulatory powers for the organisation and implementation of the functions attributed to them.

Regional laws must remove any obstacle to the full equality of men and women in social, cultural and economic life and promote equal access to elected offices for men and women. Agreements between Regions aiming at improving the performance of regional functions and possibly envisaging the establishment of joint bodies shall be ratified by regional law.

In the areas falling within their responsibilities, Regions can enter into agreements with foreign States and local authorities of other States in the cases and according to the forms laid down by State legislation. The administrative functions that are not attributed to the Provinces , Metropolitan Cities and Regions or to the State , are attributed to the Municipalities , following the principles of subsidiarity , differentiation and proportionality , to ensure their uniform implementation.

Municipalities, Provinces and Metropolitan Cities also have administrative functions of their own, as well as the functions assigned to them by State or by regional legislation, according to their respective competences. State legislation provides for co-ordinated action between the State and the Regions in the subject of common competence. The State, Regions, Metropolitan Cities, Provinces and Municipalities also promote the autonomous initiatives of citizens, both as individuals and as members of associations, relating to activities of general interest , on the basis of the principle of subsidiarity.

The Constitution grants Municipalities, Provinces, Metropolitan Cities and Regions to have revenue and expenditure autonomy, although subjected to the obligation of a balanced budget and in compliance with the European Union law ; [14] as well as independent financial resources, setting and levying taxes and collect revenues of their own, in compliance with the Constitution and according to the principles of co-ordination of State finances and the tax system , and sharing in the tax revenues related to their respective territories.

State legislation provides for an equalisation fund for the territories having lower per-capita taxable capacity. Revenues raised from the above-mentioned sources shall enable municipalities, provinces, metropolitan cities and regions to fully finance the public functions attributed to them. The State allocates supplementary resources and adopts special measures in favour of specific Municipalities, Provinces, Metropolitan Cities and Regions to promote economic development along with social cohesion and solidarity , to reduce economic and social imbalances , to foster the exercise of the rights of the person or to achieve goals other than those pursued in the ordinary implementation of their functions.

The Constitution grants Municipalities, Provinces, Metropolitan Cities and Regions to have their own properties, allocated to them pursuant to general principles laid down in State legislation. Indebtedness is allowed only as a means of funding investments, with the concomitant adoption of amortisation plans and on the condition of a balanced budget for all authorities of each region, taken as a whole.

Import , export or transit taxes between Regions are not permitted and the freedom of movement of persons or goods between Regions is protected, as well as the right of citizens to work in any part whatsoever of the national territory. The Government can intervene for bodies of the Regions , Metropolitan Cities , Provinces and Municipalities if the latter fail to comply with international rules and treaties or EU legislation , or in the case of grave danger for public safety and security , or when necessary to preserve legal or economic unity and in particular to guarantee the basic level of benefits relating to civil and social entitlements, regardless of the geographic borders of local authorities.

The law lays down the procedures to ensure that subsidiary powers are exercised in compliance with the principles of subsidiarity and loyal co-operation.

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The Regional Council exercises the legislative powers attributed to the Region as well as the other functions granted by the Constitution and the laws, among which also the possibility to submit bills to Parliament. The Regional Executive exercises the executive powers in the Region, and The President of the Executive represents the Region, directs the policy-making of the Executive and is responsible for it, promulgates laws and regional statutes, directs the administrative functions delegated to the Region by the State, in conformity with the instructions of the Government.

The electoral system and limits to the eligibility and compatibility of the President, the other members of the Regional Executive and the Regional councillors is established by a regional law in accordance with the law of the Republic, which also establishes the term of elective offices. The Council elects a President and a Bureau from amongst its members. Regional councillors are not accountable for the opinions expressed and votes cast in the exercise of their functions. The President of the Regional Executive are elected by universal and direct suffrage , unless the regional statute provides otherwise.

The elected President can appoint and dismiss the members of the Executive. Cohn , when reflecting on the contents of the Brazilian Health Reform, observes an emancipating national project. Thus, the fact of a resemblance between the reforms is confirmed, which is not random. As institutional expression of the Brazilian Health Reform, SUS, among other references, was inspired by the process of change in the Italian health system.

In public policies, comparison with operating purposes of structures and institutions and, more recently, for getting to know the determining factors of performances, is common. Thus, the analysis of the reforms implemented by the SSN, especially those geared towards the market, can serve as a warning to the SUS, in view of the serious consequences to systems which propose themselves as universal.

In recent decades, in light of the economic, demographic, epidemiological and political pressures, the health systems of European countries went through repeated reforms. This article aims to analyze the incremental reform implemented by the SSN, which introduced the coparticipation of the user in the cost of care, upon payment of the Ticket Sanitario. In Italy, a riordino may be observed, i. Ticket Sanitario represents a share of direct participation of citizens in public spending, as a counterpart to the healthcare provided by the State.

For Levaggi , if on the one hand this change is interesting from the point of view of rationalization of expenditure, on the other, it causes some discomfort in what concerns the philosophy of a public system, inspired by solidarity and equal access to health care. In a time of reducing of resources available for the financing of health expenses, in Italy, the adoption of the Ticket system was seen as a means to avoid the increase in expenses, avoiding the waste of public resources Levaggi, Thus, the Ticket appears for the first time in the Government of Mita, in , as a means by which the citizen must co-participate in the costs of medical services Italy, According to Balduzzi and Carpani , the crisis in public finances, the fiscal crisis in the early s, was responsible for determining a global reorganization in the Italian Welfare State, starting with health through the SSN.

In this sense, Law No. Thus, Region becomes the center of the health care system. The decrees also introduced the notion of levels of care, in order to delimit the benefit provided by the Repubblica , pursuant to art. The equation between care levels and volume of available resources was motivated by the need to maintain a relationship of compatibility between the expansion of demand and financing, within the framework of a programming oriented towards what is possible and not towards what is ideal Poli, However, Chieffi warns that the selection of priorities of access will lead, inexorably, to tragic choices, which will exclude certain services that are not considered essential, depriving a portion of the population of the required health care, contrary to the principles of the universal health systems.

The system of co-participation in health costs establishes that only citizens in special economic and health conditions will be entitled to free health care. Everyone else should share with the State the cost of health care on the basis of family income. Therefore, citizens were classified into three categories: exempt, partially exempt and non-exempt. Thus, the cost of care for the health system will depend not only on the needs, but also on the economic situation of the user Levaggi, Article 8 of Law No. From , the responsibility for the standardization of the use and payment of the Ticket was delegated to regional authorities, and therefore, vary from region to region Atella et al.

Thus, who is most affected by the reduction of public funding in the regional health systems is the citizen, in the regions where the budget deficit is higher Collicelli, Currently, the Ticket is intended for three types of health care: emergency care, white and green codes not classified as emergencies , with a base rate of 25 euros, some categories of medicines, specialized consultations and diagnostic exams Tasse-fisco, It is worth mentioning that there are exemptions applied to pregnancy, chronic diseases, people with disabilities or who seek diagnosis in relation to the Human Immunodeficiency Virus HIV and cancer Tasse-fisco, Citizens over the age of 65 are also exempt from the payment of the Ticket , although there is a debate about the ceasing of the exemption, in view of the increase in the life expectancy of Italians Il Messaggero, No wonder that, in what concerns well-being and health, apprehension is high.

According to the Censis , disease is for Within this context, Levaggi notes that those who pay the Ticket , in fact, realize the high cost of care, but are not convinced of having received a better service. In this sense, Atella et al. If the Ticket Sanitario system was introduced to fix the increase in government expenditures on health, nowadays it represents a significant portion of the funding, and it tends to become even more important, with the result of the new incremental reforms that make it possible to resort to the Ticket even for obtaining hospital services Levaggi, The SUS, in Brazil, has also been going through a lot of incremental reforms.

The most recent one, Decree No. In this sense, it rules over the organization of the SUS, health planning, health care and the federative coordination. The decree also deals with the establishing of health regions. It is in the health regions that the integrality of care should happen. As a result, the decree introduces the Organizational Contract of Public Action in Health COAP , which has as objective the organization and integration of actions and health services under the responsibility of federal entities in a Health Region, to ensure the integrality of the care to the user Brasil, In this manner, as in Italy, a strong movement towards regionalization of health may be noted, although in Brazil this movement has not yet been put in practice.

Another possibility of incremental reform for the SUS was presented in August In the Social Protection axis the following proposal is made:.