Italian Constitution: Subsidiary Bodies and Review
Introduction
The Vice Chairman is elected by the Council from among the directors of large parliamentaria. The judicial independence election in Italy (as Clean Hands cases) makes this country today is regarded as an example of judicial democracy.
Subsidiary Bodies
The Constitution lists the following after the Government:
- The National Council for Economy and Labor (CNEL). It is an advisory body of the Chambers, the Government, and the Regions for economic and social policy issues. It can initiate legislation and may contribute to the development of economic and social legislation. It is composed of 12 experts appointed: 8 by the President of the Republic and 4 by the Council of Ministers, which also appoints the President of CNEL, as well as 99 representatives of professional groups (social partners).
- The State Council. It is a legal advisory body and administrative supervision of the administration. The Government appoints the directors and the President, who must meet certain requirements. Its consultative decisions take different forms: optional, mandatory, and binding.
- The Court of Auditors. Its mission is preventive control of the Government’s actions regarding the management of the state budget and economic management of state-funded agencies. The Government appoints the Chairman and half of its members.
The Constitutional Court
Its functions are set out in the Constitution:
- To judge the constitutionality of laws or acts with the force of law, the State and the Regions.
- Prosecute the conflict of powers between the branches of government, between the State and the Regions and between Regions.
- Judging the President of the Republic and the Ministers were accused by the Parliament.
- Decide on the admission of proposed referendums modifié (introduced in 1953 by a constitutional law).
It is composed of 15 judges, elected:
- 5 by the President of the Republic. To these he applies the Lotización, the division into lots among the proposals of the parties (3 majority and 2 in opposition).
- 5 by Parliament in joint session
- 5 by the supreme courts, ie through the Supreme Court (3), Council of State (1) and Court of Auditors (1).
Its mandate is for 9 years, not renewable, and the judges elect its President for 3 years. There is amparo. Are entitled to appeal to the Court: the Government, on a regional law, is a preventive action prior to its enactment, the region against a state law that invades its powers after the promulgation and judges when applying the law, consider that unconstitutional. Unconstitutional decisions taken by the Court on a rule or law make it cease to be effective and communicated to Parliament and regional councils to take appropriate action.
Review of the Constitution
The Constitution establishes the procedure and the limits of constitutional reforms, carried out by the Parliament, by a special legislative procedure, similar to that required to approve other constitutional laws, but with the possibility of a referendum, mixing elements of representative democracy and direct. This type of confirmatory referendum does not require a quorum of participation and has been first applied in 2001 (amending Title V Regions, Provinces and Municipalities).
Each chamber must approve the constitutional reform after two successive deliberations at an interval of not less than three months and make it an absolute majority in the second round. The Constitution is specific about the republican form, not allowing constitutional review.
The Constitution has been amended 11 times. Major reforms were made in 1963, fixing the number of elected deputies and senators (630 and 315), and equaled the mandate of both in 5 years. In 1967 he changed the composition and term of office of judges of the Constitutional Court. Other reforms related to the immunity, amnesty and forgiveness, and a ban on extradition for political reasons, not including genocide.