Constitutional Court of Italy

Highest court of Italy From Wikipedia, the free encyclopedia

Constitutional Court of Italymap

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.

Quick Facts Established, Jurisdiction ...
Constitutional Court
Established1948 (in the Constitution)
1955 (effective)
JurisdictionItaly
LocationRome, Italy
Composition methodElected/appointed in equal portions by Italian Parliament, President of the Italian Republic, and highest Italian courts
Authorised byConstitution of Italy
Judge term length9 years (not renewable)
Number of positions15
WebsiteOfficial website
President of the Court
CurrentlyGiovanni Amoroso
Since21 January 2025
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History

The court is a post-World War II innovation, 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 Italian 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.

Additionally, a handful of constitutional laws were promulgated to regulate the powers and functionality of the Court during the years. The most important being constitutional law n. 1/1953, which, among other things, extends the power of reviewing and approving referendum's requests to the Court. (Art. 2)

The Constitutional Court passes on the constitutionality of laws with no right of appeal, as the Court is the highest court in relation to constitutional matters in Italy.

Since 12 October 2007, when the 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 of Italy, 5 elected by the Parliament of Italy[3] and 5 elected by the ordinary and administrative supreme courts. Of those elected by the supreme courts, 3 are elected by the Supreme Court of Cassation of Italy (penal and civil justice), one is elected by the Court of Auditors of Italy, and one by the Council of State of Italy (supreme administrative court). Candidates need to be either lawyers with twenty years or more experience, full professors of law, or (even former) judges of the Supreme Administrative, Civil and Criminal tribunals.[4] The members then elect the President of the Court. 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.

Current membership

Appointed by

  President of Italy   Courts of Italy   Parliament of Italy

More information Portrait, Name ...
PortraitNameProfessionAppointed byAppointed onDate sworn inEnd of termType of membership
ThumbGiovanni Amoroso
(1949– )
MagistrateCourts
(Court of Cassation)
26 October 201713 November 201713 November 2026President
(since 21 January 2025)
ThumbFrancesco Viganò
(1966– )
University professor, lawyerPresident
(Sergio Mattarella)
24 February 20188 March 20188 March 2027Vice president
(since 21 January 2025)
ThumbLuca Antonini
(1963– )
University professor, lawyerParliament
(18th Legislature)
19 July 201826 July 201826 July 2027Vice president
(since 21 January 2025)
ThumbStefano Petitti
(1953–)
MagistrateCourts
(Court of Cassation)
28 November 201910 December 201910 December 2028Judge
ThumbAngelo Buscema
(1952– )
MagistrateCourts
(Court of Audit)
12 July 202015 September 202015 September 2029Judge
ThumbEmanuela Navarretta
(1966– )
University professorPresident
(Sergio Mattarella)
9 September 202015 September 202015 September 2029Judge
ThumbMaria Rosaria San Giorgio
(1952– )
MagistrateCourts
(Court of Cassation)
16 December 202017 December 202017 December 2029Judge
ThumbFilippo Patroni Griffi
(1955– )
MagistrateCourts
(Council of State)
15 December 202129 January 202229 January 2031Judge
ThumbMarco D'Alberti
(1948– )
University professorPresident
(Sergio Mattarella)
15 September 202220 September 202220 September 2031Judge
ThumbGiovanni Pitruzzella
(1959– )
University professor, lawyerPresident
(Sergio Mattarella)
10 November 202314 November 202314 November 2032Judge
ThumbAntonella Sciarrone Alibrandi
(1965– )
University professorPresident
(Sergio Mattarella)
10 November 202314 November 202314 November 2032Judge
ThumbRoberto Cassinelli
(1956– )
LawyerParliament
(19th Legislature)
13 February 202519 February 202519 February 2034Judge
ThumbMassimo Luciani
(1952– )
University professor, lawyerParliament
(19th Legislature)
13 February 202519 February 202519 February 2034Judge
ThumbFrancesco Saverio Marini
(1973– )
University professor, lawyerParliament
(19th Legislature)
13 February 202519 February 202519 February 2034Judge
ThumbMaria Alessandra Sandulli
(1956– )
University professor, lawyerParliament
(19th Legislature)
13 February 202519 February 202519 February 2034Judge
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Timeline

Maria Alessandra SandulliFrancesco Saverio MariniMassimo LucianiRoberto CassinelliAntonella Sciarrone AlibrandiGiovanni PitruzzellaMarco D'AlbertiFilippo Patroni GriffiMaria Rosaria San GiorgioEmanuela NavarrettaAngelo BuscemaStefano PetittiLuca AntoniniFrancesco ViganòGiovanni Amoroso

See also

  • List of judges of the Constitutional Court of Italy

References

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