The rule of law in Italy: a statement by the Italian national section of the ICJ

Europe and Central Asia
Issue: Civil, political, economic, social and cultural rights
Document Type: Non-legal Submission
Date: 1959

The administrative authorities have not the right to make laws by virtue of their own competence. The legislative function actually belongs to the two Chambers (Art. 70 of the Constitution).Only “in extraordinary cases of necessity and urgency” may the Government (Council of Ministers) adopt, on its own responsibility, “provisional measures having force of law”, called Decreti- Legge (Decree-Laws).

These Decree-Laws have to be submitted to the Chambers on the same day to be made law; the Chambers are expressly convened, then they retire (in case of prorogation until the meeting of the new Chambers, Art. 61 of the Constitution), and reassemble within 5 days.

If, within 60 days from publication, the Decree-Law has not been made law, it becomes inoperative as from its issue; however, the Chambers may regulate by law the juridical relationships obtaining in the meantime on the basis of Decree-Laws that have not been made law (Art. 77 of the Constitution).

Italy-rule of law-publication-1958-eng (full text in English, PDF)


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