Law of Italy

Lore & Background

The Italian legal system is structured by a hierarchy of sources, with the Constitution of 1948 at the apex. The civil code of 1942 replaced the original of 1865 and merged the earlier civil and commercial codes. The penal code, known as the Rocco Code, was enacted in 1930 under fascism. Both codes have been modified to conform with the democratic constitution and social changes.

Legislative power is shared between the Italian Parliament and regional councils under Article 117 of the Constitution. Parliament legislates on matters expressly listed, while regions have residual competence. The government can issue decree-laws, which must be confirmed by Parliament, and legislative decrees, which are delegated by Parliament. The people can initiate laws via 50,000 signatures and can vote in abrogative referendums.

Private law is governed by the civil code, which covers people and family, heritage, property, bonds, working, and protection of rights. Public law includes constitutional, administrative, and criminal law. The administrative process code was enacted in 2010, and the penal code remains a key source of criminal law alongside the Constitution and special laws.

Reader's Guide

The law of Italy represents a civil law system rooted in Roman law, with significant influence from the Napoleonic code and later fascist-era codifications. Its hierarchical source structure ensures that lower sources cannot conflict with higher ones, with the 1948 Constitution as the supreme norm. The division of legislative power between the state and regions, along with mechanisms for government decrees and popular referendums, reflects a balance between central authority and regional autonomy. The ongoing modification of the civil and penal codes to align with democratic principles and social changes demonstrates the system's adaptability. The Italian legal framework is notable for its comprehensive codification, including separate codes for civil, penal, and administrative law, and for its integration of European Union acts and international obligations as external sources.

Did You Know?

• The Italian civil code of 1942 merged the earlier Civil Code of 1865 and the Commercial Code of 1882.
• A law decree issued by the government must be confirmed by Parliament or it forfeits its force.
• The Constitution of 1948 contains 139 articles, only one of which (Article 115) has been formally abrogated.