Constitutional Court of Italy
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The Constitutional Court of Italy (Italian: Corte costituzionale della Repubblica Italiana) is a supreme court of Italy, the other being the Court of Cassation. Sometimes, the name Consulta is used as a metonym for it, because its sessions are held in Palazzo della Consulta in Rome.
- controversies on the constitutional legitimacy of laws issued by the State and Regions, under the conditions established by the Constitutional Law, 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 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 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. The members then elect the President of the Court, since 12 November 2014 this has been Alessandro Criscuolo. 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 that many votes, a runoff election between the two judges with the most votes occurs. One or two vice-presidents, appointed by the President of the Court, stand in for the president in the event of his absence for any reason. The constitutional court passes on the constitutionality of laws with no right of appeal.
The court is a post-World War II innovation. 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.
As of 11 July 2015, after the resignations of then President Elect Sergio Mattarella in February and the resignation of Paolo Maria Napolitano in July, twelve of the fifteen positions are occupied, there are three vacancies. Membership is as follows:
|Name||Elected by||Date elected||Date sworn in||Type of membership|
|Alessandro Criscuolo||Courts (Court of Cassation)||28 October 2008||11 November 2008||President (since 12 November 2014)|
|Giuseppe Frigo||Parliament||21 October 2008||23 October 2008||Judge|
|Paolo Grossi||President||7 February 2009||23 February 2009||Judge|
|Giorgio Lattanzi||Courts (Court of Cassation)||19 November 2010||9 December 2010||Vice President (since 12 November 2014)|
|Aldo Carosi||Courts (Court of Auditors)||17 July 2011||13 September 2011||Judge|
|Marta Cartabia||President||2 September 2011||13 September 2011||Vice President (since 12 November 2014)|
|Mario Rosario Morelli||Courts (Court of Cassation)||18 November 2011||12 December 2011||Judge|
|Giancarlo Coraggio||Courts (Council of State)||19 November 2012||28 January 2013||Judge|
|Giuliano Amato||President||12 September 2013||18 September 2013||Judge|
|Silvana Sciarra||Parliament||6 November 2014||11 November 2014||Judge|
|Daria de Pretis||President||18 October 2014||11 November 2014||Judge|
|Nicolò Zanon||President||18 October 2014||11 November 2014||Judge|
- "The Italian Constitution" (PDF). The official website of the Presidency of the Italian Republic.
- Parliament appoints judges with increasing delay: see Giuseppe Salvaggiulo, [Consulta, sfregio infinito. Ventisei votazioni fallite http://www.lastampa.it/2015/10/03/italia/politica/consulta-sfregio-infinito-ventisei-votazioni-fallite-aAwyPjNM4DyULVbUIjMd1N/pagina.html], La Stampa, 3 October 2015 and Giampiero Buonomo, Negoziazione politica e Parlamento...Non solo risate, in Avanti online, 26 August 2015.
- Justin O. Frosini and Sara Pennicino (2 February 2007). "Report from Italy". thecourt.ca. Retrieved 29 January 2015.
- "The Constitutional Court: Composition of the Court". Constitutional Court of Italy. Retrieved 29 January 2015.