Constitutional Court of Italy

From Wikipedia, the free encyclopedia
  (Redirected from Italian Constitutional Judge)
Jump to: navigation, search
Constitutional Court
Palazzo della Consulta Roma 2006.jpg
Established 1948 (in the Constitution)
1955 (effective)
Country Italy Italian Republic
Location Rome, Italy
Composition method Elected/appointed in equal portions by Italian Parliament, President of the Italian Republic, and highest Italian courts
Authorized by Constitution of Italy
Judge term length 9 years (not renewable)
No. of positions 15
Website Official website
President of the Court
Currently Paolo Grossi
Since 24 February 2016
Emblem of Italy.svg
This article is part of a series on the
politics and government of
Italy
Constitution
Foreign relations

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.

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[edit]

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.

Composition[edit]

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 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.

Membership[edit]

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
Paolo Grossi 2016.jpg Paolo Grossi President
(Giorgio Napolitano)
7 February 2009 23 February 2009 23 February 2018 President
(since 24 February 2016)
Alessandro Criscuolo.jpg Alessandro Criscuolo Courts
(Court of Cassation)
28 October 2008 11 November 2008 11 November 2017 Judge[5]
Giorgio Lattanzi.jpg Giorgio Lattanzi Courts
(Court of Cassation)
19 November 2010 9 December 2010 9 December 2019 Vice President
(since 12 November 2014)
Aldo Carosi crop.jpg Aldo Carosi Courts
(Court of Audit)
17 July 2011 13 September 2011 13 September 2020 Vice President
(since 24 February 2016)
Marta Cartabia crop.jpg Marta Cartabia President
(Giorgio Napolitano)
2 September 2011 13 September 2011 13 September 2020 Vice President
(since 12 November 2014)
Mario Rosario Morelli.jpg Mario Rosario Morelli Courts
(Court of Cassation)
18 November 2011 12 December 2011 12 December 2020 Judge
Giancarlo Coraggio crop.jpg Giancarlo Coraggio Courts
(Council of State)
19 November 2012 28 January 2013 28 January 2022 Judge
Giuliano Amato.jpg Giuliano Amato President
(Giorgio Napolitano)
12 September 2013 18 September 2013 18 September 2022 Judge
Silvana Sciarra.jpg Silvana Sciarra Parliament
(17th Legislature)
6 November 2014 11 November 2014 11 November 2023 Judge
Daria de Pretis crop.jpg Daria de Pretis President
(Giorgio Napolitano)
18 October 2014 11 November 2014 11 November 2023 Judge
Nicolò Zanon crop.jpg Nicolò Zanon President
(Giorgio Napolitano)
18 October 2014 11 November 2014 11 November 2023 Judge
Franco Modugno.jpg Franco Modugno Parliament
(17th Legislature)
16 December 2015 21 December 2015 21 December 2024 Judge
Augusto Antonio Barbera.jpg Augusto Barbera Parliament
(17th Legislature)
16 December 2015 21 December 2015 21 December 2024 Judge
Giulio Prosperetti.jpg Giulio Prosperetti Parliament
(17th Legislature)
16 December 2015 21 December 2015 21 December 2024 Judge
No image.svg Vacancy Parliament TBD TBD TBD Judge

See also[edit]

References[edit]

  1. ^ url=http://www.governo.it/Presidenza/CONTENZIOSO/contenzioso_costituzionale/documentazione/L_19530311_87.pdf
  2. ^ "The Italian Constitution" (PDF). 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. Retrieved 29 January 2015. 
  5. ^ Criscuolo had been President of the Constitutional Court from November 2014 to February 2016, when he resigned from the office for family reasons.

External links[edit]

Coordinates: 41°53′57″N 12°29′15″E / 41.8991°N 12.4875°E / 41.8991; 12.4875