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12-Apr-2020 06:55

The Italian Constitution was published in a special issue of the “ Gazzetta Ufficiale della Repubblica ” [Official Gazette of the Republic] on 27 December 1947.

The text can almost always be found together with publications of the 5 Codes (“Codice Civile”, “Codice di Procedura Civile”, “Codice penale”, “Codice di Procedura Penale”, “Codice della Navigazione” – Civil Code, Code of Civil Procedure, Penal Code, Code of Criminal Procedure, Code of Navigation). This translation has been realized for International Constitutional Law (ICL), a scientific organization that translated also other Constitutions in the world, providing a special kind of cross references among different constitutional texts.

Civil Jurisdiction: a) First instance: “ Giudice di Pace ” [Judge of the Peace], “Pretura” [Magistrates Court], Tribunale [Tribunal]; b) Second Instance: “ Pretura ” [Magistrates Court], “ Tribunale ” [Tribunal], “ Corte d’Appello ” [Court of Appeal].

Penal Jurisdiction: a) First Instance: “ Pretura ” [Magistrates’ Court], “ Tribunale ” [Tribunal], “ Corte d’Assise ” [Court of Assize]; b) Second Instance: “ Tribunale ” [Tribunal], “ Corte d’Appello ” [Court of Appeal], “ Corte d’Assise d’Appello ” [Appeal Court of Assize].

As regards the functions, the new Senato will essentially lose its traditional power to legify, which is going to become an exclusive prerogative of the Camera dei deputati, with the exception of some the most important laws, punctually listed (constitutional laws, constitutional reform laws, territorial ordinament acts, health and enviroment care laws).

Executive Power is attributed to the “ Governo ” [Government], while the “ Consiglio di Stato ” [Council of State] and the “ Corte dei Conti ” [State Audit Court] have a measure of control and advisory role over the Executive.

The latter, concerning Public Law, finds its most direct and modern inspiration in the “Declaration of the Rights of Man and of the Citizen” of 1789, following the French Revolution.

The former, concerning Private Law, draws its sources from ancient Roman law (the “ Institutiones ”, “ Digesta ”, “ Codex ” and “ Novellae ”) and substantially still mirrors those ancient principles today, albeit filtered through the experience of the Medieval and Renaissance jurists (the Glossators and Commentators), and later summarized in the French Napoleonic codification of 1805, which in Italy was partially affected by the influx of German Pandectist doctrine.The Italian legal system, as founded on Roman and Germanic traditions and based on the written laws value, is a “Civil Law system”.It is deeply different from the legal system of the English-speaking countries (so called “Common Law systems”), developed by royal courts of justice and basically structured as a “Jurisprudencial Law”, in which just the judges make law, binding by means of their sentences the following judicial decisions.The distinction between “Private Law” and “Public Law”, absent in the “Common Law systems”, on the contrary characterizes the “Civil Law systems”.

Legislative Power is exercised by the “Parlamento” [Parliament]: that is the “Camera dei Deputati” [Chamber of Deputies] and the “Senato della Repubblica” [Senate of the Republic].In his recent research activity he paid special attention to the problems of definition and systematization of the Legal Informatics as unitary discipline (see E. He wrote large essays concerning the Public Administration damage compensation. His main interests concern Public and Administrative Law (with special attention to zoning law, building codes and licenses fees), Intellectual Property Law (in particular as regards copyright rule applications in the fields of informatics and music industry) and voluntary associations’ legal guardianship.