Image via Wikipedia

The Bulgarian passport is a type of document issued to Bulgarian nationals for international travel. Passports can also serve as evidence of their Bulgarian citizenship. The Bulgarian Ministry of Interior Affairs is responsible for the renewal and issuance of Bulgarian passports.

Immigration to Bulgaria has come in waves all throughout history. This was further enhanced upon its accession to the European Union last January 1, 2007.

Bulgarian Passport

Foreign nationals who wish to travel inside Schengen countries and Cortia as well as European Union member states are not required to carry passports. Instead, they can use their national identification cards or Ids.

There are different types of Bulgarian passports. These include regular, service, and diplomatic passports.

Regular passport – The Bulgarian regular passport is available to all citizens of Bulgaria.
Service passport – Issuance of this type of passport is solely for employees upon request by the respective directorate or government agency.
Diplomatic passport – This passport is for high-ranking state officials, diplomats and their immediate families.

Bulgarian Visa

Bulgarian immigration issue a visa-free travel for residents of states under the European Union. Bulgaria also extends its visa-free policy for a maximum of thirty (30) days to EEA (European Economic Area) countries and to a range of other countries such as United Kingdom, Canada, United States of America, Japan, Korea, Romania, and Australia.

A visa is issued only to valid passport holders and the visa is valid for three months until after the intended stay. The purpose of travel and their residence while in Bulgaria needs to be submitted on paper at application.

Visa application processing can usually take up to 10 working days, since each application needs to receive clearance by the Bulgarian Foreign Ministry in Sofia.

Foreigners entering Bulgarian territory on a motor vehicle have to present a document of ownership for that vehicle, if such ownership is not explicitly shown in the vehicle’s registration documents.

Bulgarian Visa Types

Bulgarian Business Visa

Bulgarian business visas are granted with single or double entry permits. These are valid for 3 to 6 months. They are temporary visas, and holders are not allowed to undertake a position of employment throughout their stay in Bulgaria. This visa is ideal for foreigners who need to visit Bulgaria for business matters such as conferences or meetings. The requirements for obtaining this type of visa include:

•    a passport with at least a 6-month validity;
•    1 passport-type photograph;
•    a letter from the company in the applicant’s country stating the duration and purpose of the individual’s trip; and
•    a letter of invitation from a company in Bulgaria.

Bulgarian Multiple Entry Visa

Bulgarian multiple entry visas are usually issued to individuals with business contacts within the country of Bulgaria. This multiple entry visa is valid for 3 months. The Bulgarian Embassy allows extensions provided that the foreign national gives the passport before the visa’s date of expiration. To obtain this Bulgarian multi entry visa, applicants must submit all requirements.

Bulgarian Tourist Visa

Bulgarian tourist visas are usually granted for a maximum validity of 3 months beyond the date of issuance. This allows the holder to visit Bulgaria for a maximum stay of 30 days. The requirements for non-US citizens who wish to acquire a Bulgarian tourist visa include:

•    a passport with at least 6 months validity;
•    fully completed and signed application form;
•    a copy of a declaration form;
•    1 passport-type photograph;
•    Copy of the Green Card or a valid visa bank of the applicant’s own country;
•    Invitation from a Bulgarian host;
•    Onward or return ticket; and
•    Proof of medical insurance

Upon arriving in Bulgarian premises, the applicant must have medical or travel insurance covering emergency medical expenses, repatriation, transportation, mortal remains, hospitalization, and funeral services.

Dependent Immigration and Spouse Immigration

Bulgarian tourist and business visas are short-term visa solutions for those who do not want to stay for long periods in Bulgaria. Bulgarian tourist and business visas are only valid for a limited amount of days. The visa holder is obliged to return to their homeland before the visa’s expiration date.

Bulgarian visas do not make provisions for those unmarried partners, spouses, dependent children or civil partners in case they want to accompany the main applicant. All candidates should obtain a Bulgarian visa in their own rights.

Eligibility

All applicants for a Bulgarian visa will need supporting documents such as a valid passport from the country of origin and evidence of residency. Applicants must also present their host’s certificate of residency in Bulgaria. They must also provide return tickets or travel documents relevant to their next destination.

The candidate must provide a letter from a relevant corporation or company in Bulgaria and the organization in the candidate’s home country to be eligible for a business visa. The letters must give details of the proposed length and purpose of the trip. The letter must confirm the individual or entity shouldering the financial responsibility for the candidate throughout their stay in Bulgaria. The Bulgarian Chamber of Commerce should authorize the letter in order to make it legitimate and official.

Bulgarian Immigration Permit

Residence Permit

All foreigners staying in the territory of Bulgaria for more than 30 to 90 days require a residence permit. This depends on their nationality and the purpose of their stay. The residence permits are valid for 12 months and can be renewed at the end of its validity. The holder’s dependants are also granted a permit. There are different types of residence permits issued according to the applicant’s employment status such as employee, pensioner, and freelance professional.

When foreigners marry Bulgarian citizens or foreigners permanently residing in Bulgaria, they must abide by the Bulgarian rules and submit the needed requirements.

Foreign nationals must bring the following when applying for permanent residence permits:

•    original copy of marriage certificate;
•    documents containing evidence of sufficient funds to support themselves during their entire stay in Bulgaria; and
•    a document containing information about approved permanent residence of the spouse issued to a foreigner by the state administrative control bodies.

Foreign pensioners need to produce documents detailing their retirement income and a bank account in Bulgaria with a Bulgarian address.

Applicants must obtain a short or long stay visa in their home country to apply for a residence permit. These individuals must also travel to the territory of Bulgaria. They should apply for the appropriate residence permit upon entering Bulgaria.

Work Permit

Foreigners working in Bulgaria for 3 months or less will not require a work permit, but they have to register with the employment agency. Foreign nationals working in Bulgaria for more than 3 months will need a work permit to be legally employed. A number of legal terms and conditions must be satisfied before the issuance of a Bulgarian work permit. These foreign nationals need to submit an application form both to the Bulgarian Ministry of Labor and Social Policy and an accredited employment agency.

A mandatory requirement for initially obtaining a work permit is granted by a long stay visa. Foreign nationals on short stay visas may not seek employment or apply for a work permit in Bulgaria.

Bulgaria’s Migration Policy

The democratic changes in Bulgaria and the processes of globalization changed the country’s migration conditions. The regulation of migration is among the major priorities of the Bulgarian Government. The aim of this policy is to improve the security of Bulgarian citizens and to prevent trafficking and illegal migration. This new Bulgarian migration policy aims to control illegal immigrants from entering Bulgaria while respecting the fundamental human rights and freedom as guaranteed by international treaties and European Union Standards.

Bulgarian Citizenship Act

This act specifies the procedures and conditions for the acquisition, loss, and reinstatement of Bulgarian citizenship. A Bulgarian citizenship is ruled by the Constitution of the Republic of Bulgaria.

Any citizen from other states will only be considered a Bulgarian citizen in accordance to Bulgarian legislation. Adoption will not change the citizenship of an individual.

Bulgarian Foreigners Act

The changes to Bulgaria’s Foreigners Act were approved by the Cabinet of Bulgaria on May 2005. Now, Bulgaria’s Foreigners Act encompasses not only foreigners but also family members of Bulgarian nationals not considered as European Economic Area or EU citizens. Now, foreigners entering Bulgaria need to declare a minimum amount of fifty euros every day for personal finances. This excludes cases of specific agreements on cultural, educational or scientific exchanges. Before, the sum was fifty lev (almost half of the new requirements).

Bulgarian Immigration Program

The new immigration program was lately put in place by the Bulgarian department of immigration to facilitate and speed up the system for foreign nationals applying as business immigrants. The program allows high net worth individuals and members of families from obtaining their Bulgarian permanent residence status with all the advantages of a European Union permanent residence. Applicants must invest the sum of 500000 US dollars before they can get a permanent residence in Bulgaria. This will be returned to them without interest by the end of a 5-year period. The Bulgarian business immigrant should prove that they have a minimum amount of money obtained legally and not under criminal investigation.

As for fees for visa applications, the kind of visa applied for. Payments should be paid in cash or by postal order to the Bulgarian Embassy. Cheques are not honored. Aside from the actual visa fee, a processing fee of 14 euros is required.

taken from: http://www.expatforum.com/articles/visas-permits-and-immigration/bulgaria-visas-permits-and-immigration.html

Related articles

• Long-stay Bulgarian Visa (girlmeetsbulgaria.com)
• How to Get a Visa for Traveling (stylehiclub.com)

Import regulations::

Free import to passengers arriving with goods purchased within the E.U. which are for personal use only:
1. tobacco products:
- 800 cigarettes;
- 400 cigarillos;
- 200 cigars;
- 1kg of pipe or cigarette tobacco;
2. alcoholic beverages:
- 10 litres of spirits over 22%;
- 20 litres of alcoholic beverages less than 22%;
- 90 litres of wine (though no more than 60 litres of sparkling wine);
- 110 litres of beer.

Free import to passengers arriving from non-E.U. countries (incl. Aland Island, Canary Islands, Channel Islands and other similar territories) :
1. tobacco products, for passengers aged 17 and older:
- 200 cigarettes; or
- 100 cigarillos (max. 3g each); or
- 50 cigars; or
- 250g of tobacco; or
- proportional assortment;
2. alcoholic beverages, for passengers aged 17 and older:
- 1 litre of spirits over 22% volume, or non-denatured ethyl alcohol with more than 80% volume; or
- 2 litres of spirits or aperitifs made of wine or similar beverages less than 22% volume, or sparkling wines or liqueur wines; or
- a proportional mix of these products; and in addition
- 4 litres of wine; and
- 16 litres of beer;
3. medicinal products sufficient for personal needs;
4. other goods (for air travellers) up to a total value of EUR 430.- per traveller or EUR 150.- (per passenger aged under 15 years).

Prohibited:
Products of animal origin, not originating from an EU member state, Andorra, Liechtenstein, Norway, San Marino or Switzerland, are not permitted to be imported into an EU Member state, with the exception of limited amounts from Andorra, Croatia, the Faeroe Islands, Greenland, Iceland and small amounts of specific products from other countries.

For full details, please see  or refer to the website of the European Union, http://europa.eu/.

For full details please see Terms & Definitions, section 5. Customs, or refer to the website of the European Union, http://europa.eu/.

Arms and Ammunition regulations::

Weapons and ammunition: when arriving in Italy, weapons and ammunition are subject to clearance at the first port of entry. If continuing journey on to another destination either within Italy or to an international connection, weapons are collected on arrival by airport security and delivered to the police office for inspection. Security staff will then take the weapon to the connecting flight.

Export regulations::

free export

Additional Information:
1. Special permit from the competent export department of the Ministry of Culture is required for antiquities and art objects (including paintings, sculptures, ancient vases, furniture over 100 years old, etc.), or objects of historical or archaeological interest;
2. Only for residents leaving the E.U. territory:

• cameras, video cameras, personal computers: an ownership declaration issued by Customs Authorities on departure is suggested to avoid any customs problem on return;
• furs and skin-articles of protected animals: certificate of temporary export issued by the National Forest Department is required;
• arms and weapons: certificate of temporary export issued by the local Police headquarters in place of residence is required.

Crew members customs regulations::

allowed to import up to EUR 20.-.

Pets::

• Cats and dogs are subject to special regulations (EC) No.998/2003 of the European Parliament and of the Council.
  For more information contact the nearest  embassy of Italy.
• Psittacine birds (parrots and parakeets): it is allowed, when travelling with the passenger to import into Italy
• 2 parrots (from the larger species) and 4 from smaller species provided accompanied by a Health Certificate, issued by a Veterinary Service of the country where the birds have been taken from, stating that:

1. country of which birds are originating is free from psittacosis; or
2. birds have been kept for a period of six months prior to departure under State
3. veterinary control in a breeding park or zoological garden and that in the area within a 20 km radius no case of psittacosis occurred during the last 12 months.

Prohibited:
1. import of aviary ornamental birds from all countries infected with Avian influenza;
2. import of meat and poultry and derived products from Thailand;
3. import of eggs and white meat from South East Asia;
4. import of live birds of any species (incl. game birds and birds of prey), eggs, feathers, meat or meat products from
Croatia, Romania and all Balkan countries.

Baggage Clearance regulations::

Baggage is cleared at the airport of final destination in Italy.

Exempt: baggage of transit passengers with a destination outside of Italy and for baggage of passengers who embarked in another E.U. country.

Baggage of crew is cleared in the arrival hall of the crew building (if available).

Airport Embarkation Tax

No airport tax is levied on passengers upon embarkation at the airport.

Currency rules

Currency Import regulations:

Same regulations as for Export apply.

Currency Export regulations:

Local currency (Euro – EUR) and foreign currencies: no restrictions if arriving from or traveling to another E.U. country.
If arriving directly from or traveling to a country outside the E.U.: amounts exceeding EUR 10,000.- or more or the equivalent in another currency (incl. banker’s draft and cheques of any kind) must be declared.

taken from: http://www.iatatravelcentre.com/IT-Italy-customs-currency-airport-tax-regulations-details.htm

Related articles

• EU to lift liquid ban at all European Airports (travelnews.britishairways.com)
• Spain’s customs regulations (europeavocat.com)

Image via Wikipedia

    The Lateran Pacts of 1929 contained three sections—the Treaty of Conciliation (27 articles) which established Vatican City as an independent state, restoring the civil sovereignty of the Pope as a monarch, the Financial Convention annexed to the treaty (3 articles) which compensated the Holy See for loss of the papal states, and the Concordat (45 articles), which dealt with the Roman Catholic Church‘s ecclesiastical relations with the Italian State.

An Agreement Between the Italian Republic and the Holy See amended the Lateran Pacts in 1985.

1. CONCILIATION TREATY +

IN the name of the Most Holy Trinity.

Whereas the Holy See and Italy have recognized the desirability of eliminating every reason for dissension existing between them and arriving at a final settlement of their reciprocal relations which shall be consistent with justice and with the dignity of both High Contracting Parties, and which by permanently assuring to the Holy See a position de facto and de jure which shall guarantee absolute independence for the fulfillment of its exalted mission in the world, permits the Holy See to consider as finally and irrevocably settled the Roman Question which arose in 1870 by the annexation of Rome to the Kingdom of Italy, under the Dynasty of the House of Savoy;

And whereas it was obligatory, for the purpose of assuring the absolute and visible independence of the Holy See, likewise to guarantee its indisputable sovereignty in international matters, it has been found necessary to create under special conditions the Vatican City, recognizing the full ownership, exclusive and absolute dominion and sovereign jurisdiction of the Holy See over that City;

His Holiness the Supreme Pontiff Pius XI and His Majesty Victor Emanuel III, King of Italy, have agreed to conclude a Treaty, appointing for that purpose two Plenipotentiaries, being on behalf of His Holiness, His Secretary of State, viz. His Most Reverend Eminence the Lord Cardinal Pietro Gasparri, and on behalf of his Majesty, His Excellency the Cav. Benito Mussolini, Prime Minister and Head of the Government; who, having exchanged their respective full powers, which were found to be in due and proper form, have hereby agreed to the following articles:

Article 1

Italy recognizes and reaffirms the principle established in the first Article of the Italian Constitution dated March 4, 1848, according to which the Catholic Apostolic Roman religion is the only State religion.

Article 2

Italy recognizes the sovereignty of the Holy See in international matters as an inherent attribute in conformity with its traditions and the requirements of its mission to the world.

Article 3

Italy recognizes the full ownership, exclusive dominion, and sovereign authority and jurisdiction of the Holy See over the Vatican as at present constituted, together with all its appurtenances and endowments, thus creating the Vatican City, for the special purposes and under the conditions hereinafter referred to.

The boundaries of the said City are set forth in the map called Annex I of the present Treaty, of which it is forms an integral part.

It is furthermore agreed that, although forming part of the Vatican City, St. Peter’s Square shall continue to be normally open to the public and shall be subject to supervision by the Italian police authorities, which powers shall cease to operate at the foot of the steps leading to the Basilica, although the latter shall continue to be used for public worship. The said authorities shall, therefore, abstain from mounting the steps and entering the said Basilica, unless and except they are requested to do so by the proper authorities.

Should the Holy See consider it necessary, for the purpose of special ceremonies, temporarily to prohibit the public from free access to St. Peter’s Square, the Italian authorities shall (unless specially requested to do otherwise) withdraw to beyond the outer lines of Bernini’s Colonnade and the extension thereof.

Article 4

The sovereignty and exclusive jurisdiction over the Vatican City, which Italy recognizes as appertaining to the Holy See, forbid any intervention therein on the part of the Italian Government, or that any authority other than that of the Holy See shall be there acknowledged.

Article 5

For the purpose of the execution of the provisions of the preceding Article before the present Treaty comes into force, the Italian Government shall see to it that the territory forming the Vatican City shall remain free from any charge and from possible occupants. The Holy See shall arrange to enclose the access thereto, enclosing such parts thereof as remain open, except St. Peter’s Square.

It is furthermore agreed that, in respect of the buildings there existing and belonging to religious institutions or bodies, the Holy See shall settle relations with the latter direct, the Italian Government having no part in such arrangements.

Article 6

Italy shall provide, by means of suitable agreements entered into with the interested parties, that an adequate water supply be fully assured to the Vatican City. Italy shall furthermore provide for connection with the State railways by constructing a railway station within the Vatican City on the spot shown on the annexed map, and by permitting the circulation of railway carriages belonging to the Vatican on the Italian railways. It shall further provide for direct connection with other States by means of telegraph, telephone, wireless, broadcasting, and postal services in the Vatican City. It shall equally also provide for the coordination of all other public services.

All expenses connected with the arrangements above mentioned shall be defrayed by the Italian State, within the period of one year from the entry into force of the present Treaty.

The Holy See shall, at its own expense, arrange the existing means of access to the Vatican, and those others which it may consider it necessary to make in the future.

Agreements shall be subsequently concluded between the Holy See and Italy concerning the circulation, on and over Italian territory, of land vehicles and aircraft belonging to the Vatican City.

Article 7

The Italian Government undertakes to prohibit the construction within the territory surrounding the Vatican City, of any new buildings which might overlook the latter, and shall for a like purpose provide for the partial demolition of similar buildings already standing near the Porta Cavalleggeri and along the Via Aurelia and the Viale Vaticano.

In accordance with the provisions of International Law, it shall be forbidden for aircraft of any kind whatsoever to fly over Vatican territory.

On the Piazza Rusticucci, and in the areas adjoining the Colonnade, over which the extra-territoriality referred to in Article 15 hereof does not extend, all structural alterations or street construction shall only be effected by mutual assent.

Article 8

Considering the person of the Supreme Pontiff to be sacred and inviolable, Italy declares any attempt against His person or any incitement to commit such attempt to be punishable by the same penalties as all similar attempts and incitements to commit the same against the person of the King.

All offences or public insults committed within Italian territory against the person of the Supreme Pontiff, whether by means of speeches, acts, or writings, shall be punished in the same manner as offences and insults against the person of the King.

Article 9

In accordance with the provisions of International Law, all persons having a permanent residence within the Vatican City shall be subject to the sovereignty of the Holy See. Such residence shall not be forfeited by reason of the mere fact of temporary residence elsewhere, unaccompanied by the loss of habitation in the said City or other circumstances proving that such residence has been abandoned.

On ceasing to be subject to the sovereignty of the Holy See, the persons referred to in the preceding paragraph, who, according to the provisions of Italian law (independently of the de facto circumstances considered above) shall not be regarded as possessing any other citizenship, shall be regarded in Italy as Italian nationals.

Notwithstanding that all such persons are subject to the sovereignty of the Holy See, the provisions of Italian law shall be applicable to them within the territory of the Kingdom of Italy, even in such matters wherein the personal law must be observed (when they are not covered by the regulations emanating from the Holy See) and, in the case of persons of foreign nationality, the legal provisions of the State to which they belong.

Article 10

Such dignitaries of the Church and persons belonging to the Papal Court as shall be indicated in a Schedule to be approved by the High Contracting Parties, shall always and in every case, even when not citizens of the Vatican, be exempt from military service as far as Italy is concerned, jury service, and any other service of a personal nature.

This provision shall also apply to regular officials whose services are considered indispensable by the Holy See, if permanently employed by the latter and earning a fixed salary, or employed in the Departments or Offices mentioned in Articles 13, 14, 15, and 16 hereof and residing without the Vatican City. The names of such officials shall be set forth in another Schedule to be drawn up and approved as above mentioned, and which shall be brought up to date each year by the Holy See.

The ecclesiastics whose duty it shall be to participate, without the Vatican City, in the execution of enactments emanating from the Holy See, shall not, on that account, be subject to any hindrance, investigation, or molestation on the part of the Italian authorities.

All foreigners in official ecclesiastical employment in Rome shall enjoy the personal guarantees appertaining to Italian citizens, in accordance with the laws of the Kingdom of Italy.

Article 11

All central bodies of the Catholic Church shall be exempt from any interference on the part of the Italian State (save and except as provided by Italian law in regard to the acquisition of property made by corpi morali, [recognized public bodies] and with regard to the conversion of real estate.)

Article 12

Italy recognizes the right of the Holy See to passive and active Legation, according to the general rules of International Law. Officials accredited by foreign Governments to the Holy See shall continue to enjoy, within the Kingdom of Italy, all the prerogatives of immunity enjoyed by diplomatic agents under International Law, and their headquarters may continue to be within Italian territory whilst enjoying the immunity due to them under International Law, even in the event of their State not having diplomatic relations with Italy.

It is understood that Italy undertakes in all cases to allow the freedom of correspondence for all States, including belligerents, to and from the Holy See, as well as free access to the Apostolic See by Bishops from all over the world.

The High Contracting Parties undertake to establish normal diplomatic relations between each other, by accrediting an Italian Ambassador to the Holy See and a Papal Nuncio to Italy, who shall be the doyen of the Diplomatic Corps, in accordance with the ordinary practice recognized by the Congress of Vienna by the Act of June 9, 1815, in consequence of the sovereignty hereby recognized and without prejudice to the provisions of Article 19 hereof, the diplomats accredited by the Holy See and the diplomatic couriers dispatched in the name of the Supreme Pontiff, shall enjoy within Italian territory, even in time of war, the same treatment as that enjoyed by diplomatic personages and couriers of other foreign Governments, according to the provisions of International Law.

Article 13

Italy recognizes the full ownership of the Holy See over the patriarchal Basilicas of St. John Lateran, Sta. Maria Maggiore, and St. Paul, with their annexed buildings.

The State transfers to the Holy See the free management and administration of the said Basilica of St. Paul and its dependent Monastery, also paying over to the Holy See all monies representing the sums set aside annually for that church in the budget of the Ministry of Education.

It is also understood that the Holy See shall remain the absolute owner of the edifice of S. Callisto, adjoining Sta. Maria in Trastevere.

Article 14

Italy recognizes the full ownership by the Holy See of the Papal Palace of Castel Gandolfo, together with all endowments, appurtenances, and dependencies thereof, which are now already in the possession of the Holy See, and Italy also undertakes to hand over, within six months after the coming into force of the present Treaty, the Villa Barberini in Castel Gandolfo, together with all endowments, appurtenances, and dependencies thereof.

In order to round off the property situated on the northern side of the Janiculum Hill, belonging to the Sacred Congregation of Propaganda Fide and to other ecclesiastical institutions, which property faces the Vatican Palaces, the State undertakes to transfer to the Holy See or other bodies appointed by it for such purpose, all real estate belonging to the State or to third parties existing in that area. The properties belonging to the said Congregation and to other institutions and those to be transferred being marked on the annexed map.

Finally, Italy shall transfer to the Holy See, as its full and absolute property, the Convent buildings in Rome attached to the Basilica of the Twelve Holy Apostles and to the churches of San Andrea della Valle and S. Carlo ai Catinari, with all annexes and dependencies thereof, and shall hand them over within one year after the entry into force of the present Treaty, free of all occupants.

Article 15

The property indicated in Article 13 hereof and in paragraphs (1) and (2) of Article 14, as well as the Palaces of the Dataria, of the Cancelleria, of the Sacred Congregation of Propaganda Fide in the Piazza di Spagna of the S. Offizio with its annexes, and those of the Convertendi (now the Congregation of the Eastern Church) in Piazza Scossacavelli, the Vicariato, and all other edifices in which the Holy See shall subsequently desire to establish other offices and departments although such edifices form part of the territory belonging to the Italian State, shall enjoy the immunity granted by International Law to the headquarters of the diplomatic agents of foreign States. Similar immunity shall also apply with regard to any other churches (even if situated outside Rome) during such time as, without such churches being open to the public, the Supreme Pontiff shall take part in religious ceremonies celebrated therein.

Article 16

The property mentioned in the three preceding Articles, as also that used as headquarters of the following Papal institutions – the Gregorian University, the Biblical, Oriental, and Archaeological Institutes, the Russian Seminary, the Lombard College, the two Palaces of St. Apollinaris, and the Home of the Retreat of the Clergy dedicated to St. John and St. Paul – shall never be subject to charges or to expropriation for reasons of public utility, save by previous agreement with the Holy See, and shall be exempt from any contribution or tax, whether ordinary or extraordinary and payable to the State or to any other body.

It shall be permissible for the Holy See to deal with all buildings above mentioned or referred to in the three preceding Articles as it may deem fit, without obtaining the authorization or consent of the Italian governmental, provincial, or communal authority, which authorities may in this regard rely entirely on the high artistic traditions of the Catholic Church.

Article 17

As from January 1, 1929, salaries of whatsoever nature payable by the Holy See, or by other central bodies of the Catholic Church and by bodies administered directly by the Holy See whether within or without Rome to dignitaries employed and salaried (whether permanently or not, shall be exempt from any contribution or tax whether payable to the State or to any other body.

Article 18

The artistic and scientific treasures existing within the Vatican City and the Lateran Palace shall remain open to scholars and visitors, although the Holy See shall be free to regulate the admission of the public thereto.

Article 19

Diplomats and envoys of the Holy See, as well as diplomats and envoys of foreign Governments accredited to the Holy See, and the dignitaries of the Church arriving from abroad and traveling to the Vatican City, provided with passports of the States whence they come duly furnished with the visa of the Papal representative abroad, shall be allowed free access to the Vatican City over Italian territory without formalities.

Article 20

Goods arriving from abroad for destinations within the Vatican City, or without it boundaries for institutions or offices of the Holy See, shall invariably be allowed transit over Italian territory (from any part of the Italian boundary as also from any seaport of the Kingdom) free of payment of any customs or octroi dues.

Article 21

All Cardinals shall enjoy, in Italy, the honours due to Princes of the Blood. Those Cardinals who may reside in Rome without the Vatican City shall, for all purposes, be considered citizens thereof.

In the event of the office of the Holy See falling vacant, Italy shall make special arrangements for the free transit and access of Cardinals over Italian territory to the Vatican, and shall provide that their personal liberty is not impeded or limited.

Italy shall also take all measures, within her territory surrounding the Vatican City, necessary to prevent the commission of any act which may in any way disturb the meetings of the Conclave.

The same provisions shall apply to Conclave held beyond the boundaries of the Vatican City and to Councils presided over by the Supreme Pontiff or his Legates, and with regard to all Bishops summoned to attend them.

Article 22

At the request of the Holy See, or by its delegate who may be appointed in single cases or permanently, Italy shall provide within her for the punishment of offences committed within the Vatican City, save and except when the author of the offence shall have taken refuge in Italian territory, in which event he shall immediately be proceeded against according to the provisions of the Italian laws.

The Holy See shall hand over to the Italian State all persons who may have taken refuge within the Vatican City, when accused of acts committed within Italian territory which are considered to be criminal by the law of both States.

The same provisions shall apply in regard to persons accused of offences who may have taken refuge within the buildings enjoying immunity in accordance with the provisions of Article 15 hereof, save and except if the persons having authority within such buildings prefer to request members of the Italian police force to enter and arrest such persons.

Article 23

The regulations provided by International Law shall apply for the execution, within the Kingdom of Italy, of sentences pronounced by the Courts of the Vatican City.

All sentences and measures emanating from ecclesiastical authorities and officially communicated to the civil authorities, in regard to ecclesiastical or religious persons and concerning spiritual or disciplinary matters, shall without other formality have legal effect in Italy even for all civil purposes.

Article 24

In regard to the sovereignty appertaining to it also in international matters, the Holy See declares that it desires to take, and shall take, no part in any temporal rivalries between other States, nor in any international congresses called to settle such matters, save and except in the event of such parties making a mutual appeal to the pacific mission of the Holy See, the latter reserving in any event the right of exercising its moral and spiritual power.

The Vatican City shall, therefore, be invariably and in every event considered as neutral and inviolable territory.

Article 25

By a special Convention written below and united to the present Treaty, which constitutes the IV codicil to the same and forms an integral part thereof, provision shall be made for the liquidation of the credit of the Holy See towards Italy. ±

Article 26

The Holy See considers that the agreements signed to-day offer an adequate guarantee for assuring to it, together with the requisite liberty and independence, the pastoral administration of the Roman Diocese and the Catholic Church throughout Italy and the entire world, and it declares the Roman Question to be definitely and irrevocably settled and therefore eliminated, and recognizes the Kingdom of Italy under the Dynasty of the House of Savoy, with Rome as the capital of the Italian State.

Italy, on her part, recognizes the State of the Vatican City under the sovereignty of the Supreme Pontiff.

The law dated May 13, 1871 (No. 214) and any other dispositions contrary to the present Treaty, are hereby abrogated.

Article 27

Within four months after the signature thereof, the present Treaty shall be submitted for ratification by the Supreme Pontiff and the King of Italy, and shall enter into force as soon as ratifications are exchanged.

Dated in Rome this 11th day of February, 1929.

(Signed) PIETRO CARDINAL GASPARRI
BENITO MUSSOLINI

2. THE FINANCIAL CONVENTION ANNEXED TO THE TREATY ±

The Holy See and Italy having in consequence of the stipulations of the Treaty which has definitely composed ‘ the Roman Question ‘ held it necessary to regulate with a distinct convention, forming an integral part of the same, their financial relations;

The supreme Pontiff considering on the one hand the immense damage sustained by the Apostolic See through the loss of the patrimony of S. Peter constituted by the ancient Pontifical States, and of the Ecclesiastical property, and on the other side, the ever-increasing needs of the Church in the City of Rome alone, and taking into consideration the present financial condition of the State and the economic condition of the Italian people, especially after the war, has deemed it well to restrict the request for indemnity to the barest necessity; asking for a sum partly in cash and partly in bonds which is much inferior in value to the which the State to-day should disperse towards the Holy See if only in execution of the obligation assumed by the law of May 13, 1871.

The Italian State appreciating the paternal sentiments of the Supreme Pontiff has felt bound to adhere to the request for the payment of the said sum.

Art. 1.   Italy, on the exchange of ratifications of the Treaty, shall pay to the Holy See the sum of Italian lire 750,000,000 (seven hundred and fifty millions) and a the same time consign Italian 5 per cent bonds (with coupons, June 30) of the nominal value of Italian lire 1,000,000.

Art. 2.   The Holy See declares that it accepts the above as a definite systemization of the financial relations with Italy in consequence of the events of 1870.

Art. 3.   All the acts necessary for the execution of the Treaty with regard to the present Convention and of the Concordat shall be exempt from every form of taxation.

Rome, eleventh February, one thousand nine hundred and twenty-nine.

PIETRO CARD. GASPARRI.
BENITO MUSSOLINI.

3. THE CONCORDAT ±

IN the name of the Most Holy Trinity.

Seeing that from the beginning of the negotiations between the Holy See and Italy for the solution of ‘ the Roman Question ‘ the Holy See itself has proposed that the Treaty relating to the said question should be accompanied, as its necessary complement, by a Concordat to regulate the conditions of religion and the Church in Italy.

Seeing that to-day a Treaty has been concluded and signed for the solution of ‘ the Roman Question.’

His Holiness the Supreme Pontiff Pius XI and His Majesty Vittorio Emanuele III, King of Italy, have resolved to make a Concordat and to that end have nominated the same Plenipotentaries delegated for the stipulation of the Treaty, that is: on the part of His Holiness, His Eminence the Most Reverend Lord Cardinal Pietro Gasparri, his Secretary of State; and on the part of His Majesty, His Excellency Cav. Benito Mussolini, Prime Minister and head of the Government, who having exchanged their full powers and found them to be in good and due form, have agreed upon the following articles:

Art. 1. Italy, in the sense of Art. I of the Treaty, assures the Catholic Church of the free exercise of her spiritual power, the free and public exercise of worship, and of jurisdiction in Ecclesiastical matters in conformity with the norm of the present Concordat, and when it occurs, accords to Ecclesiastics for the ads of their spiritual ministry defence on the part of its authority.

In consideration of the sacred character of the Eternal City, the Episcopal See of the Sovereign Pontiff, centre of the Catholic world and place of pilgrimage, the Italian Government will take care to impede in Rome whatsoever may be in opposition with its said character.

Art. 2. The Holy See shall communicate and correspond freely with the Bishops and clergy of the whole Catholic world without any interference on the part of the Italian Government.

Equally in everything that concerns their pastoral ministry the Bishops shall communicate and correspond freely with their clergy and all the faithful. Like the Holy See the Bishops can freely publish and affix within and to the external doors of buildings destined for public worship or for the offices of their ministry, instructions, ordinances, pastoral letters, diocesan bulletins and other ads concerning the spiritual government of the faithful which they see fit to issue in the sphere of their competence.

Such publications and affixions and in general all the acts and documents relative to the spiritual government of the faithful shall not be subject to any taxation.

Such publications as regards the Holy See may be made in any language, those of the Bishops in Italian or Latin, but besides the Italian text the Ecclesiastical Authority can adjoin translations into other languages.

The Ecclesiastical Authorities can, without any interference on the part of the Civil Authorities, make collections within and at the doors of the churches and buildings belonging to them.

Art. 3. Theological students in the last two years of their theological course devoted to the priesthood, and novices of religious institutions can, at their request, put off from year to year until the twenty-sixth year of their age the fulfilment of the obligation of military service.

Clerics ordained ‘ in sacris ‘ and religious who have made their vows are exempt from military service, saving the case of a general mobilization. In such case the priests pass into the armed forces of the State, but conserve their ecclesiastical habits in order to exercise amongst the troops their sacred ministry under the ecclesiastical Jurisdiction of the military ordinary in the sense of Art. 14. The other clerics and religious of preference shall be destined to military service.

Nevertheless, even in the case of a general mobilization, those priests are dispensed from the call to present themselves who have cure of souls. As such are considered ordinaries, parish priests, vice-parish priests and coadjutors, vicars and priests permanently appointed to rectories and churches open to the public.

Art. 4. Ecclesiastics and religious are exempt from serving on juries.

Art. 5. No Ecclesiastic may be employed or remain in the employment of an office of the Italian State or any public entity depending from the same without the nihil obstat of the Diocesan ordinary.

The revocation of the nihil obstat deprives the Ecclesiastic of the capacity of continuing to exercise the employment or office which he has assumed.

In any case, apostate priests, or those subject to censure, cannot be appointed or continued as teachers, or hold office or be employed as clerks where they are in immediate contact with the public.

Art. 6. The stipends and the other assignments which Ecclesiastics enjoy by reason of their office are open to mortgages in the same measure as the stipends and assignments of clerks in the offices of the State.1

1 Stipendiaries of the State are allowed to mortgage one-fifth of their salaries.

Art. 7. Ecclesiastics cannot be required by magistrates or other authorities to give information concerning persons or matters which have come to their knowledge by reason of their sacred ministry.

Art. 8. In case of an Ecclesiastic or religious being brought before a magistrate for some crime, the Procurator of the King must immediately inform the ordinary of the diocese in the territory of which he exercises jurisdiction, and ought care- fully to transmit to the office of the same the instructional decrees, and where necessary the definitive sentence of the judgment both in the first grade and also on appeal.

In case of the arrest of an Ecclesiastic or religious he shall be treated with the regard due to his hierarchical grade.

In the case of the condemnation of an Ecclesiastic or religious the punishment shall be performed in a place separate from that for lay people, unless the competent ordinary shall have already reduced the condemned person to the lay state.

Art. 9. Regularly buildings open for public worship shall be exempt from requisitions and occupation.

If in consequence of a grave public necessity it is necessary to occupy a building open for worship, the authority which proceeds to the occupation should have come to a previous accord with the ordinary, unless the reasons are of such absolute urgency as to prevent it. In such a case the authority should immediately proceed to inform the same (i.e. the ordinary).

Saving cases of urgent necessity, the public forces shall not in the exercise of their functions enter any building open for worship, without giving previous notice to the Ecclesiastical Authority.

Art. 10. For no cause whatsoever is it possible to proceed to the demolition of a building open for worship without previous accord with the competent Ecclesiastical Authority.

Art. 11. The State recognizes the Feast-days established by the Church, which are the following:

All Sundays.
The first day of the year.
The Epiphany (January 6).
The Feast of S. Joseph (March 19).
The Ascension.
The Feast of Corpus Domini.
The Feast of SS. Peter and Paul (June 29).
The Assumption of the B.V. Mary (August 15).
All Saints’ Day (November 1).
The Feast of the Immaculate Conception (December 8).
Christmas Day (December 25).

Art. 12. On Sundays and feasts of precept in churches which have a chapter, the celebrant shall sing at the Conventual Mass according to the norm of the Sacred Liturgy a prayer for the prosperity of the King of Italy and for the Italian State.

Art. 13. The Italian Government shall give to the Holy See a table of the Ecclesiastics enrolled in the work of spiritual assistance to the military forces of the State as soon as they are approved in the mode of law.

The designation of the Ecclesiastics to whom is committed the high direction of the service of spiritual assistance (the military ordinary, the Vicar-General and the inspectors) shall be made confidentially by the Holy See to the Italian Government. Whenever the Italian Government has reason to oppose such designation, it shall communicate the fact to the Holy See, which shall proceed to another designation.

The military ordinary shall have Archiepiscopal rank.

The nomination of the military chaplains shall be made by the competent authority of the Italian state upon the designation of the military ordinary.

Art. 14. The Italian troops by land, sea and air shall enjoy in regard to their religious duties the privileges and exemptions sanctioned by Canon Law.

The military chaplains in regard to the said troops have parochial authority. They shall exercise their sacred ministry under the jurisdiction of the military ordinary assisted by his proper curia.

The military ordinary has jurisdiction also over the religious, both masculine and feminine, engaged as workers in the military hospitals.

Art. 15. The military Archiepiscopal ordinary is Provost of the Chapter of the Church of the Pantheon in Rome, constituted by his clergy, to whom is entrusted the religious service of the said Basilica. Such clergy are authorized to provide for all the religious functions, even outside Rome, which in conformity with the Canon Law are required by the State or by the Royal House.

The Holy See consents to confer on all the canons composing the Chapter of the Pantheon the dignity of Protonotaries ad instar durante munere. Their nomination shall be made by the Cardinal Vicar of Rome after presentation by the King of Italy, a confidential indication being given previous to presentation.

The Holy See reserves to itself the right to transfer the Diaconia to another church.

Art. 16. The High Contracting Parties shall proceed to an accord by means of a mixed commission for the revision of the boundaries of the dioceses for the purpose of rendering them more in agreement with those of the provinces of the State.

Moreover the Holy See shall erect the diocese of Zara, and no part of the territory subject to the Sovereignty of the Kingdom of Italy shall be subject to a bishop whose seat is found in territory subject to the Sovereignty of another State, and no Diocese of the Kingdom shall include territory subject to the Sovereignty of another State.

The same principle shall be observed for all the existing parishes as for those to be constituted in the territory near the confines of the State.

The modifications which after the enquiry shall be deemed necessary to arrange the boundaries of the dioceses, shall be disposed by the Holy See in previous accord with the Italian Government, and in observance of the direction expressed above, saving small rectifications of territory required for the good of souls.

Art. 17. The reduction of dioceses that may result from the application of the preceding Article, shall be brought into force as the said dioceses become vacant.

The said reduction shall not import the suppression of the titles of the dioceses, nor their Chapters, which shall be conserved when regrouping the dioceses in such a mode that the chief place therein shall correspond with that of the province.

The said reductions shall leave the economic resources of the dioceses and of the Ecclesiastical entities existing in the same unchanged, including the assignments from the Italian State.

Art. 18. By disposition of the Ecclesiastical Authority the parishes shall be regrouped provisionally or definitively, entrusting them to one parish priest assisted by one or more curates uniting in one presbytery several priests. The State shall maintain unaltered the economic treatment of the said parishes.

Art. 19. The choice of Archbishops and Bishops belongs to the Holy See.

First before proceeding to the nomination of an Archbishop, a Diocesan Bishop or a coadjutor with right of succession, the Holy See shall communicate the name of the person chosen to the italian Government so as to be assured by the same that it has no reason of a political character to offer against the nomination.

The relative practice shall be performed with the greatest possible care and with every reserve so that the name of the person chosen shall remain secret.

Art. 20. Bishops before taking possession of their dioceses shall take an oath of fidelity to the head of the State according to the following formula:

Before God and his Holy Gospels I swear and promise on becoming a Bishop fidelity to the Italian State. I swear and promise to respect and make respected by my clergy the King and the Government established according to the constitutional laws of the State. I swear and promise moreover that I shall not participate in any agreement or any counsel that can damage the Italian State and the public order and I shall not allow to my clergy such participation. I shall concern myself with the well-being and interests of the Italian State and endeavour to avert any danger that can possibly menace it.

Art. 21. The provision of Ecclesiastical benefices belongs to the Ecclesiastical Authority.

The nomination of those invested with parochial benefices shall be communicated under reserve by the competent Ecclesiastical Authority to the Italian Government, and cannot have effect until thirty days from the date of the communication.

Within this period the Italian Government shall where grave reasons are opposed to the nomination manifest them under reserve to the Ecclesiastical Authority, and if the dissent continues shall bring the case before the Holy See.

When Crave reasons arise which render the continuance of an Ecclesiastic in a determined parochial benefice injurious, the Italian Government shall communicate such reasons to the ordinary who in accord with the Government shall take the appropriate measures within three months thereof.

In case of divergences between the ordinary and the Government, the Holy See shall entrust the solution of the question to two Ecclesiastics chosen by it, who in accord with two delegates of the Italian Government shall take a definitive decision.

Art. 22. Ecclesiastics who are not Italian citizens cannot be invested with the existing benefices in Italy. Those in charge of dioceses or parishes must speak the Italian language.

Where necessary they shall have helpers assigned to them who, besides Italian, understand and speak the language locally in use, for the purpose of giving religious assistance in that language to the faithful according to the rules of the Church.

Art. 23. The dispositions of Articles 16, 17, 19, 20, 21 and 22 do not apply to Rome and the suburban dioceses.

But the Holy See shall proceed to a new arrangement of the said dioceses, the assignments at present being made by the Italian State both of their revenues and of the other Ecclesiastical Institutions shall remain unchanged.

Art. 24. The exequatur and the Royal placet are abolished, and any Cæsarean or Royal nomination in the matter of the appointment to any Ecclesiastical benefices or offices throughout Italy, saving the exceptions made by Art. 29, letter g.

Art. 25. The Italian State renounces the sovereign prerogative of the Royal patronage of benefices both major and minor.

Likewise the regalia1 over major or minor benefices and the terzo pensionabile2 in the provinces of the Kingdom of the two Sicilies is abolished.

1 Regalia. The right on the part of the Crown to appropriate to itself the income of Ecclesiastical benefices during the period they remain vacant.
2 Terso pensionabile. The right of the State to apply a third part of the income of a benefice in favour of persons designated by itself.  Such rights were in force in the provinces of the former Kingdom of the Two Sicilies.

The relative burdens cease to be chargeable to the State and to the dependent administrations.

Art. 26. The nomination to the possession of the major or manor benefices and of the temporary representative of the vacant See or benefice has the effect of the said Ecclesiastical provision, in which the Government officially participates.

The administration and enjoyment of the revenues during the vacancy shall be arranged according to the norm of Canon Law.

In the case of bad management the Italian State in accord with the Ecclesiastical Authority shall proceed to the sequestration of the temporalities of the benefice, devoting the net revenues in favour of the possessor, or in his absence to the advantage of the benefice.

Art. 27. The Basilicas of the Holy House at Loreto, of S. Francis at Assisi and of S. Antony at Padua, with the buildings and works annexed, except those of a purely lay character, shall be ceded to the Holy See and their administration shall belong to the same. They shall be free from every interference by the State and from the conversion of other entities of whatsoever nature under the management of the Holy See, even the Missionary Colleges. In any case the Italian law regarding the acquisitions of moral corporations remains in force.

With regard to the property now belonging to the said sanctuaries, a mixed commission shall proceed to deal with their distribution, having regard to the rights of third parties and to the necessary endowment of the said works of a lay character. For the other sanctuaries in which a lay administration exists, these shall be replaced by the management of the Ecclesiastical Authority, saving the case of the distribution of the property according to the norm of the preceding paragraph.

Art. 28. For the tranquillization of consciences the Holy See accords a full condonation to all those who in consequence of the Italian laws changing the Ecclesiastical patrimony, are found in possession of Ecclesiastical property.

For such purpose the Holy See shall give the ordinaries the opportune instructions.

Art. 29. The Italian State shall revise its legislation in so far as it concerns Ecclesiastical matters, reforming and reintegrating them in order to bring them into harmony with the direction which inspires the Treaty with the Holy See and the present Concordat.

It remains now for the two High Contracting Parties to agree the following :

(a) The personality of the Ecclesiastical entities already recognised by the Italian law (the Holy See, Dioceses, Chapters, Seminaries, parishes, etc.) shall remain unchanged. Such personality shall be recognized also in churches open to public worship which at present do not enjoy it, composing those that formerly belonged to Ecclesiastical entities now suppressed, with the assignment in regard to these last of the revenue actually destined to each one from the Fund of Public Worship. Saving what is settled in the previous Art. 27, the council of administration wheresoever existing, and even if wholly or in part composed of lay persons, shall not interfere in the service of public worship, and the nomination of those composing the administration shall be made in agreement with the Ecclesiastical Authority.

(b) The juridical personality of those religious congregations shall be recognized, with or without votes, approved by the Holy See, which have their principal house within the Kingdom, and are there represented juridically and in fad by persons who are of Italian citizenship and are domiciled in Italy.

The juridical personality shall also be recognized of the Italian religious provinces of those associations having their principal house abroad within the limits of the State and its colonies? when the same conditions concur.

The Juridical personality of houses, when the particular rules of each order attributes to them the right of acquisition and possession, shall likewise be recognized.

Finally shall be recognized the houses of the Generals, and the procurators of religious associations, including those abroad. The religious houses and associations which at present enjoy juridical personality shall conserve the same.

The acts relating to the transfer of the property to which the associations now come into possession from the present owners to the association shall be exempt from any taxation.

(c) The confraternities exclusively or principally devoted to worship and which are not subject to ulterior transformation as regards their purpose, depend on the Ecclesiastical Authority for what concerns their functioning and administration.

(d) The foundation of religious worship of any kind is permitted provided that it responds to the needs of the people, and imposes no financial burden on the State. These dispositions apply to such as are already in existence.

(e) In the civil administration of Ecclesiastical patrimony resulting from the aversive laws half the council of administration shall be composed of members designated by the Ecclesiastical Authority, and likewise for the religious funds of the new provinces.

(f) The acts computed up to the present by Ecclesiastical or religious entities, without the observance of the civil law, shall be recognized and regularized by the Italian State at the request of the ordinary if presented within three years from the entry into force of this Concordat.

(g) The Italian State renounces the exemption from Ecclesiastical jurisdiction of the palatine clergy in all Italy (saving for those belonging to the Church of the Santa Sindone of Turin di Superga, and of the Sudario of Rome and the chapels annexed to the palaces which are occupied by the Sovereign and the Royal princes) entering all the nominations and provisions of benefices and offices under the norm of the preceding Articles. An appropriate commission shall provide for the assignment to any basilica or palatine Church of a suitable endowment according to the criteria indicated for the property of the sanctuaries in Art. 27.

(h) The tributary facilities already established by Italian law in forms of Ecclesiastical entities at present existing shall remain in force; the scope of worship and religion is for all tributary effects made equal to the scope of beneficence and education.

The extraordinary tax of 30 per cent imposed by Art. 18 of the law of August 15, 1867, n. 2848, the quota of concourse of which see Art. 31 of the law of July 7, 1866, n. 3036, and Article 20 of the law of August 15, 1867, n. 3848, are abolished; also the tax on the passage of interest of property constituting the endowment of benefices and other Ecclesiastical entities established by Art. I of the Royal Decree, December 30, 1923, n. 3270, and for the future the institution of any special tribute charged on the property of the Church. Neither shall there be applied to ministers of worship in the exercise of their sacerdotal ministry any professional tax or licensing tax instituted by Royal Decree, November 18, 1923, n. 2538, in place of the suppressed tax of trade and resale, or any other tax of that nature.

(i) The use of the Ecclesiastical and religious habit on the part of seculars as on the part of Ecclesiastics or religious who have been forbidden to wear it by definitive provision of the competent Ecclesiastical Authority, which should be officially communicated to the Italian Government, is forbidden: and shall be punished with same sanctions and pains with which is forbidden and punished the unlawful use of the military uniform.

Art. 30. The ordinary and extraordinary administration of property belonging to any Ecclesiastical Institute or religious association shall be under the direction and control of the competent authority of the Church, every intervention on the part of the Italian State being excluded, and without the obligation to submit the conversion of real estate.

The Italian State recognizes in Ecclesiastical Institutes and religious associations the capacity to acquire property, saving the dispositions of the civil law concerning the acquisition of moral corporations.

The Italian State by the new accords, unless established otherwise, shall continue to supply the deficiencies in the income of Ecclesiastical benefices with assignments that shall correspond to a measure not inferior to that established by the laws actually in force, in consideration of which the administration of the patrimony of the said benefices as far as it concerns acts and contracts which exceed simple administration shall take place with the intervention of the Italian State, and in the case of a vacancy the assignment of the property shall be made in the presence of a representative of the Government expressed by an appropriate document.

The Episcopal income of the suburban dioceses, and the patrimonies of the chapter and parishes of Rome and the said dioceses, is not subject to the said intervention.

For the purpose of a congruous supplement, the amount of the said incomes and patrimony corresponding to the benefices shall result from a declaration rendered annually under the proper responsibility of the Bishop for the suburban dioceses and of the Cardinal Vicar for Rome.

Art. 31. The erection of new Ecclesiastical entities or religion associations shall be made by the Ecclesiastical Authority according to the norm of Canon Law; their recognition as regards civil effects shall be made by the civil authority.

Art. 32. The recognitions and the authorizations foreseen in the provisions of the present Concordat and of the Treaty shall take place through a norm established by the civil law which shall be put into harmony with the dispositions of the said Concordat and Treaty.

Art. 33. The disposition of the existing Catacombs in Rome and other parts of the territory of the Kingdom are reserved to the Holy See, with the consequent honour of keeping, maintaining and conserving them. The Holy See can, with the observance of the law of the State and saving the eventual rights of third parties, proceed to future excavations and the transfer of the bodies of the saints.

Art. 34. The Italian State, wishing to restore to the institution of matrimony, which is the foundation of the family, that dignity which is conformable with the Catholic traditions of its people, recognizes the civil effects of the Sacrament of matrimony regulated by Canon Law.

The publication of matrimony as above shall be effected in the parish, and also in the communal hall.

Immediately after the celebration of matrimony, the parish priest shall explain to the newly wedded pair the civil effects of matrimony, reading to them the Articles in the civil code regarding the rights and duties of married persons, and commit the act of matrimony to writing, of which within five days he shall send an exact copy to the Commune, in order that it may be transcribed in the registers of the civil State.

Causes concerning nullity of matrimony and dispensations from matrimony ratified but not consummated are reserved to the competence of the Ecclesiastical Tribunals and their departments.

The provisions and the relative sentences when they have become definitive shall be carried to the supreme tribunal of the Segnatura, which shall control them and see that the norm of the Canon Law relative to the competence of the judge, the citations, the legitimate representation and the contumacy of the parties, has been observed.

The said provisions and definitive sentences with the relative decree of the supreme tribunal of the Segnatura shall be transmitted to the Court of Appeal of the State competent for the territory, which shall, by an order of chamber of Council, render effective the civil effects and order the same to be annotated in the margin of the Act of Matrimony of the civil State.

As to causes of personal separation the Holy See agrees that these shall be judged by the ordinary civil authority.

Art. 35. For secondary (scuola media) schools of instruction carried on by Ecclesiastical or religious associations the examination by the State with effective parity of conditions for candidates of the Government schools and candidates of the said schools shall remain in force.

Art. 36. Italy, considering the teaching of Christian doctrine according to the form received by Catholic tradition as the foundation and the crown of public instruction, agrees that religious instruction imparted in the public elementary schools shall have a further development in the secondary schools according to a programme to be established by an accord between the Holy See and the State.

Such teaching shall be given by means of masters and professors, priests and religious approved by the Ecclesiastical Authority, and subsidiaries by means of lay masters and professors, who for this end shall be furnished with a certificate of fitness to be issued by the ordinary of the diocese.

The revocation of the certificate on the part of the ordinary deprives the teachers of the capacity to teach.

For the said religious teaching there shall only be used in the public schools the text-books approved by the Ecclesiastical Authority.

Art. 37. The director of the State Association of physical culture for pre-military instruction, of the Avanguardisti and the Balilla, in order to render possible the religious instruction of the youth entrusted to them, shall dispose the hours in such a way as shall not impede on Sundays and days of precept the fulfilment of their religious duties.

The same applies to the directors of public schools for gatherings of their pupils on the said feast days.

Art. 38. The nomination of the professors of the Catholic University of the Sacred Heart and the dependent institute of Mary Immaculate are subject to the nihil obstat on the part of the Holy See directed to secure that nothing shall be wanting from the moral and religious point of view.

Art. 39. The Universities, the greater and lesser Seminaries, diocesan, inter-diocesan or regional, the academies, the colleges and other Catholic Institutes for Ecclesiastical formation and culture shall continue to depend solely from the Holy See without any interference on the part of the scholastic authority of the Kingdom.

Art. 40. The doctorate in Sacred Theology bestowed by the Faculty approved by the Holy See shall be recognized by the Italian State ; likewise shall be recognized the diplomas which shall be given in the schools of palæography, archives and diplomatic documents erected near the Library and the Archives in the City of the Vatican.

Art. 41. Italy recognizes the use in the Kingdom and its colonies of the Pontifical honours of knighthood by means of a register of briefs of the nominations through the presentation of the brief by the person interested and the request for its inscription therein.

Art. 42. Italy shall admit the recognition by a Royal decree of titles of nobility conferred by the Supreme Pontiff, even after 1870, and of those that shall be conferred in the future.

It shall also be established that the said recognition in Italy shall not be subject to taxation.

Art. 43. The Italian State recognizes the organizations dependent from the Italian Catholic action in so far as the Holy See has disposed that they carry out their activity outside any political party and under the immediate dependence of the Hierarchy of the Church for the diffusion and exercise of Catholic principles.

The Holy See takes the occasion of the stipulation of the present Concordat to renew to all Ecclesiastics and religious of Italy the prohibition of belonging to and fighting for any political party whatsoever.

Art. 44. If any difficulty shall arise in the future concerning the interpretation of the present Concordat, the Holy See and Italy shall proceed by a common examination to a friendly solution.

Art. 45. The present Concordat shall come into force by exchange of the ratifications at the same time as the Treaty between the two High Parties for the elimination of ‘ the Roman Question. ‘

With the entry into force of the present Concordat, the Concordat with the former Italian States shall cease to be operative. The Austrian law, the laws and decrees of the Italian State actually in force, in so far as they are opposed to the depositions of the present Concordat, shall be abrogated by the entry into force of the same.

To prepare for the execution of the present Concordat, a commission shall be nominated immediately after the signing thereof, comprised of persons to be designated by the two High Parties.

Rome, eleventh February, one thousand nine hundred and twenty-nine.

PIETRO CARD. GASPARRI.
BENITO MUSSOLINI.

At the conclusion of the signing, the following official communiqué was released:

The Holy See considers that with the Agreements signed today it possesses the guarantees necessary to provide due liberty and independence to the spiritual government of the dioceses of Rome and of the Catholic Church in Italy and the whole world. It declares the Roman question definitely and irrevocably settled, and therefore eliminated, and recognizes the Kingdom of Italy under the dynasty of the House of Savoy, with Rome as the capital of the Italian State. Italy, on its side, recognizes the State of the Vatican City under the sovereignty of the Supreme Pontiff.

The Law of Guarantees and any other Law or Act contrary to the present Treaty is abrogated.

Sources:

+ The Coins and Medals of the Vatican, by Joseph Sadow and Thomas Sarro Jr., Copyright 1977 by Sanford J. Durst, 133 E. 58th Street, New York, N.Y. 10022, Library of Congress No. 76-40814, ISBN 0-915262-06-1, pages 106-114 (only the 1st part of Treaty).

± The Treaty of the Lateran, by Benedict Williamson, with a forward by his eminence [Francis] Cardinal Bourne, Archbishop of Westminster, Burns Oates & Washbourne Ltd., London, 1929, pages 42-66.

Related articles

• Direct From Vatican City Launches Unprecedented Direct Sales Opportunity and Brings Jobs to the U.S. (prweb.com)
• Direct From Vatican City Offers “Why You Should Be An Entrepreneur In Today’s Economy,” Seminars To The Henderson, Nevada Community (prweb.com)

Image via Wikipedia

Constitution, Government & Legislation

• Lateran Treaty of 1929
• New Fundamental Law of the Vatican (in Italian, German, Portuguese)
• The Holy See
• Pope John Paul II

The Pope exercises supreme legislative, executive, and judicial power over the Holy See and the State of the Vatican City. The term “Holy See” refers to the composite of the authority, jurisdiction, and sovereignty vested in the Pope and his advisers to direct the worldwide Roman Catholic Church. As the “central government” of the Roman Catholic Church, the Holy See has a legal personality that allows it to enter into treaties as the juridical equal of a state and to send and receive diplomatic representatives. Created in 1929 to administer properties belonging to the Holy See in Rome, the State of the Vatican City is recognized under international law and enters into international agreements. Unlike the Holy See, it does not receive or send diplomatic representatives.

Source: U.S. Department of State

Related articles

• What does See mean in Holy See? (virtuallinguist.typepad.com)

Image via Wikipedia

{ Adopted on: 22 Dec 1947 }
{ Effective since: 1 Jan 1948 }
{ ICL Document Status: 23 May 2003 }
{ Editor’s Note:
The first ICL edition has been based on a translation provided by the Italian Embassy in London.  Thanks to Prof. Carlo Fusaro and the help of Dr. Federico Signorini and Dr. Ignazio Castellucci, we have since replaced the former ICL edition with a new translation.  The new text  takes into consideration the translation of the 1948 version provided by the Italian Embassy in London, the translation of the 1990 version by C. Neenan published by the House of Representatives in Rome, and the translation of amendments by Bernard DeLury, published in 1994 by Oceana Publications.  However, the ICL edition is a new translation and not based on any of those documents.  It follows the specific standards of ICL documents: all terms are in American rather than British english (i.e., councilor, defense, favor, fulfill, harbor, labor, misdemeanor, organization), paragraphs are numbered and articles carry a descriptive titel for easier identification within the table of contents.  Furthermore, some technical terms (‘House of Representatives’ for the Chamber of deputies, ‘Senate’ for Senate of the Republic, ‘President’ for President of the Republic, ‘Prime Minister’ for President of the Council of Ministers, ‘Regional Cabinet’ for Junta, ‘Justices’ for Judges of the Constitutional Court) are harmonized between the constitutions of different countries to facilitate easier comparisons once the ICL search engine is running again.
The ICL edition has been consolidated up to and including all amendments until the status date (above).  Transitory and final provisions have not been included into this translation.  Most recent changes include Art. 51 (1), 56 (2)-(4), 57 (1) (2) (3) & (4), 114 through 132.  However, please note the following rules regarding the application of specific provisions:
(a) According to Art. 10 of the Constitutional law of 18 October 2001, no. 3, the provisions of the newly amended Title V of the Constitution also applies to the five Regions with special Statutes adopted by constitutional law, as long as these provisions provide for wider powers than those which have been assigned to them until now.
(b) According to Art. 11 of the Constitutional law of 18 October 2001, no. 3, the Chambers have to change their respective Standing Orders to allow representatives from the Regions and the other local public bodies to take part in the proceedings of the Parliamentary Commission for regional affairs, whenever it discusses bills that contain “fundamental principles” pertaining to concurrent legislative powers, as laid down in Article 117 (3), or exercise financial autonomy, as laid down in Article 119. }

[Part 0]  Fundamental Principles

Article 1  [Form of State]
(1) Italy is a democratic republic based on labor.
(2) The sovereignty belongs to the people who exercise it in the forms and limits of the constitution.

Article 2  [Human Rights]
The republic recognizes and guarantees the inviolable human rights, be it as an individual or in social groups expressing their personality, and it ensures the performance of the unalterable duty to political, economic, and social solidarity.

Article 3  [Equality]
(1) All citizens have equal social status and are equal before the law, without regard to their sex, race, language, religion, political opinions, and personal or social conditions.
(2) It is the duty of the republic to remove all economic and social obstacles that, by limiting the freedom and equality of citizens, prevent full individual development and the participation of all workers in the political, economic, and social organization of the country.

Article 4  [Work]
(1) The republic recognizes the right of all citizens to work and promotes conditions to fulfill this right.
(2) According to capability and choice, every citizen has the duty to undertake an activity or a function that will contribute to the material and moral progress of society.

Article 5  [Local Autonomy]
The republic, one and indivisible, recognizes and promotes local autonomy; it fully applies administrative decentralization of state services and adopts principles and methods of legislation meeting the requirements of autonomy and decentralization.

Article 6  [Linguistic Minorities]
The republic protects linguistic minorities by special laws.

Article 7  [Relation between State and Church]
(1) State and catholic church are, each within their own reign, independent and sovereign.
(2) Their relationship is regulated by the lateran pacts.  Amendments to these pacts which are accepted by both parties do not require the procedure of constitutional amendments.

Article 8  [Religion]
(1) Religious denominations are equally free before the law.
(2) Denominations other than catholicism have the right to organize themselves according to their own by-laws, provided they do not conflict with the italian legal system.
(3) Their relationship with the state is regulated by law, based on agreements with their representatives.

Article 9  [Research and Culture]
(1) The republic promotes cultural development and scientific and technical research.
(2) It safeguards natural beauty and the historical and artistic heritage of the nation.

Article 10  [International Law]
(1) The legal system of italy conforms to the generally recognized principles of international law.
(2) Legal regulation of the status of foreigners conforms to international rules and treaties.
(3) Foreigners who are, in their own country, denied the actual exercise of those democratic freedoms guaranteed by the italian constitution, are entitled to the right to asylum under those conditions provided by law.
(4) Foreigners may not be extradited for political offences.

Article 11  [Repudiation of War]
Italy repudiates war as an instrument offending the liberty of the peoples and as a means for settling international disputes; it agrees to limitations of sovereignty where they are necessary to allow for a legal system of peace and justice between nations, provided the principle of reciprocity is guaranteed; it promotes and encourages international organizations furthering such ends.

Article 12  [Flag]
The flag of the republic is the italian tricolor: green, white, and red, in three vertical bands of equal dimensions.

Part I  Rights and Duties of Citizens

Article 13  [Personal Liberty]
(1) Personal liberty is inviolable.
(2) No one may be detained, inspected, or searched nor otherwise restricted in personal liberty except by order of the judiciary stating a reason and only in such cases and in such manner as provided by law.
(3) As an exception, under the conditions of necessity and urgency strictly defined by law, the police may take provisional measures that must be reported within 48 hours to the judiciary and, if they are not ratified within another 48 hours, are considered revoked and remain without effect.
(4) Acts of physical and moral violence against persons subjected to restrictions of personal liberty are to be punished.
(5) The law establishes the maximum duration of preventive detention.

Article 14  [Personal Domicile]
(1) Personal domicile is inviolable.
(2) No one’s domicile may be inspected, searched, or seized save in cases and in the manner laid down by law conforming to the guarantee of personal liberty.
(3) Verifications and inspections for public health and safety, or for economic and fiscal purposes are defined by law.

Article 15  [Freedom of Correspondence]
(1) Liberty and secrecy of correspondence and other forms of communication are inviolable.
(2) Limitations may only be imposed by judicial decision stating the reasons and in accordance with guarantees defined by law.

Article 16  [Freedom of Movement]
(1) Every citizen has the right to reside and travel freely in any part of the national territory except for limitations provided by general laws protecting health or security.  No restriction may be imposed for political reasons.
(2) Every citizen is free to leave the territory of the republic and return to it except for obligations defined by law.

Article 17  [Right of Assembly]
(1) All citizens have the right to assemble peaceably and unarmed.
(2) For meetings, including those held in places to which the general public has access, no previous notice is required.
(3) For meetings held in public places previous notice must be given to the authorities, who may prohibit them only on the ground of proven risks to security or public safety.

Article 18  [Freedom of Association]
(1) Citizens have the right freely and without authorization to form associations for those aims not forbidden by criminal law.
(2) Secret associations and associations pursuing political aims by military organization, even if only indirectly, are forbidden.

Article 19  [Freedom of Religion]
Everyone is entitled to freely profess religious beliefs in any form, individually or with others, to promote them, and to celebrate rites in public or in private, provided they are not offensive to public morality.

Article 20  [Religious Associations]
For associations or institutions, their religious character or religious or confessional aims do not justify special limitations or fiscal burdens regarding their establishment, legal capacity, or activities.

Article 21  [Freedom of Communication]
(1) Everyone has the right to freely express thoughts in speech, writing, and by other communication.
(2) The press may not be controlled by authorization or submitted to censorship.
(3) Seizure is permitted only by judicial order stating the reason and only for offences expressly determined by the press law or for violation of the obligation to identify the persons responsible for such offences.
(4) In cases of absolute urgency where immediate judicial intervention is impossible, periodicals may be seized by the judicial police, who must immediately and in no case later than 24 hours report the matter to the judiciary.  If the measure is not validated by the judiciary within another 24 hours, it is considered revoked and has no effect.
(5) The law may, by general provision, order the disclosure of financial sources of periodical publications.
(6) Publications, performances, and other exhibits offensive to public morality are prohibited.  Measures of prevention and repression against violations are provided by law.

Article 22  [Citizenship and Name]
Nobody may be deprived of legal capacity, citizenship, or name for political reasons.

Article 23  [Personal Services]
Nobody may be forced to perform personal service or payment without legal provision.

Article 24  [Right to be Heard in Court]
(1) Everyone may bring cases before a court of law in order to protect their rights under civil and administrative law.
(2) Defense is an inviolable right at every stage and instance of legal proceedings.
(3) The poor are entitled by law to proper means for action or defense in all courts.
(4) The law defines the conditions and forms for reparation in the case of judicial errors.

Article 25  [Defendant's Rights]
(1) No case may be removed from a court, but must be heard as provided by law.
(2) No punishment is allowed except provided by a law already in force when the offence has been committed.
(3) Security measures against persons are only allowed as provided by law.

Article 26  [Extradition]
(1) A citizen may be extradited only as expressly provided by international conventions.
(2) In any case, extradition may not be permitted for political offences.

Article 27  [Rights of the Accused]
(1) Criminal responsibility is personal.
(2) The defendant may not be considered guilty until sentenced.
(3) Punishments may not contradict humanity and must aim at re-educating the convicted.
(4) Death penalty is prohibited except by military law in time of war.

Article 28  [Responsibility of  Public Officials]
State officials and employees of other public bodies are directly responsible under criminal, civil, and administrative law for acts committed in violation of rights.  Civil liability extends to the state and public bodies.

Article 29  [Marriage]
(1) The familty is recognized by the republic as a natural association founded on marriage.
(2) Marriage entails moral and legal equality of the spouses within legally defined limits to protect the unity of the family.

Article 30  [Parental Duties and Rights]
(1) Parents have the duty and right to support, instruct, and educate their children, including those born out of wedlock.
(2) The law provides for the fulfillment of those duties should the parents prove incapable.
(3) Full legal and social protection for children born out of  wedlock is guaranteed by law, consistent with the rights of other family members.
(4) Rules and limits to determine paternity are set by law.

Article 31  [Family]
(1) The republic furthers family formation and the fulfillment of related tasks by means of economic and other provisions with special regard to large families.
(2) The republic protects maternity, infancy, and youth; it supports and encourages institutions needed for this purpose.

Article 32  [Health]
(1) The republic protects individual health as a basic right and in the public interest; it provides free medical care to the poor.
(2) Nobody may be forcefully submitted to medical treatment except as regulated by law.  That law may in no case violate the limits imposed by the respect for the human being.

Article 33  [Freedom of Arts, Science and Teaching]
(1) The arts and sciences as well as their teaching are free.
(2) The republic adopts general norms for education and establishes public schools of all kinds and grades
(3) Public and private bodies have the right to establish schools and educational institutes without financial obligations to the state.
(4) The law defining rights and obligations of those private schools requesting recognition has to guarantee full liberty to them and equal treatment with pupils of  public schools.
(5) Exams are defined for admission to various types and grades of schools, as final course exams, and for professional qualification.
(6) Institutions of higher learning, universities, and academies have the autonomy to establish by-laws within the limits of state law.

Article 34  [Education]
(1) Schools are open to everyone.
(2) Primary education, given for at least eight years, is compulsory and free of tuition.
(3) Pupils of ability and merit, even if lacking financial resources, have the right to attain the highest grades of studies.
(4) The republic furthers the realization of this right by scholarships, allowances to families, and other provisions, to be assigned through competitive examinations.

Article 35  [Labor]
(1) The republic protects labor in all its forms.
(2) It provides for the training and professional enhancement of workers.
(3) It promotes and encourages international treaties and institutions aiming to assert and regulate labor rights.
(4) It recognizes the freedom to emigrate, except for legal limitations for the common good, and protects italian labor abroad.

Article 36  [Wages]
(1) Workers are entitled to remuneration commensurate with the quantity and quality of their work, and in any case sufficient to ensure to them and their families a free and honorable existence.
(2) The law establishes limits to the length of the working day.
(3) Workers are entitled to a weekly day of rest and to annual paid holidays; they cannot relinquish this right.

Article 37  [Equality of Women at Work]
(1) Working women are entitled to equal rights and, for comparable jobs, equal pay as men.  Working conditions habe to be such as to allow women to fulfill their essential family duties and ensure an adequate protection of mothers and children.
(2) The law defines a minimal age for paid labor.
(3) The republic establishes special measures protecting juvenile labor and guarantees equal pay for comparable work.

Article 38  [Welfare]
(1) All citizens unable to work and lacking the resources necessary for their existence are entitled to private and social assistance.
(2) Workers are entitled to adequate insurance for their needs in case of accident, illness, disability, old age, and involuntary unemployment.
(3) Disabled and handicapped persons are entitled to education and vocational training.
(4) These responsibilities are entrusted to public bodies and institutions established or supplemented by the state.
(5) Private welfare work is free.

Article 39  [Trade Unions]
(1) The organization of trade unions is free.
(2) No obligation may be imposed on trade unions except the duty to register at local or central offices as provided by law.
(3) Trade unions are only registered on condition that their by-laws lead to internal organization of democratic character.
(4) Registered trade unions are legal persons.  Being represented in proportion to their registered members, they may jointly enter into collective labor contracts which are mandatory for all who belong to the respective industry of these contracts.

Article 40  [Right to Strike]
The right to strike is exercised according to the law.

Article 41  [Freedom of Enterprise]
(1) Private economic enterprise is free.
(2) It may not be carried out against the common good or in a way that may harm public security, liberty, or human dignity.
(3) The law determines appropriate planning and controls so that public and private economic activities may be directed and coordinated towards social ends.

Article 42  [Property]
(1) Property is public or private.  Economic goods may belong to the state, to public bodies, or to private persons.
(2) Private ownership is recognized and guaranteed by laws determining the manner of acquisition and enjoymend and its limits, in order to ensure its social function and to make it accessible to all.
(3) Private property, in cases determined by law and with compensation, may be expropriated for reasons of common interest.
(4) The law establishes the rules of legitimate and testamentary succession and its limits and the state’s right to the heritage.

Article 43  [Expropriation]
To the end of the general good, the law may reserve establishment or transfer, by expropriation with compensation, to the state, public bodies, or workers or consumer communities, specific enterprises or categories of enterprises of primary common interest for essential public services or energy sources, or act as monopolies in the preeminate public interest.

Article 44  [Land]
(1) For the purpose of ensuring rational utilization of land and establishing equitable social relations, the law imposes obligations on and limitations to private ownership of land, defines its limits depending on the regions and the various agricultural areas, encourages and imposes land cultivation, transformation of large estates, and the reorganization of productive units; it assists small and medium sized farms.
(2) The law favors mountainous areas.

Article 45  [Cooperatives and Handicrafts]
(1) The republic recognizes the social function of cooperation for mutual benefit free of private speculation.  The law promotes and encourages its implementation with suitable provisions and ensures its character and purposes through proper controls.
(2) The law protects and promotes the development of handicrafts.

Article 46  [Workers' Participation]
In order to achieve the economic and social enhancement of labor and in accordance with the requirements of production, the republic recognizes the right of workers to collaborate, within the forms and limits defined by law, in the management of companies.

Article 47  [Savings]
(1) The republic encourages and protects savings in all its forms, regulates, coordinates and controls the provision of credit.
(2) It favors access savings for the purchase of homes, for worker-owned farms, and for direct or indirect investment in shares of the country’s large productive enterprises.

Article 48  [Voting Rights]
(1) All citizens, men or women, who have attained their majority are entitled to vote.
(2) Voting is personal, equal, free, and secret. Its exercise is a civic duty.
(3) The law defines the conditions under which the citizens residing abroad effectively exercise their electoral right. To this end, a constituency of italians abroad is established for the election of the Chambers, to which a fixed number of seats is assigned by constitutional law in accordance with criteria determined by law.
(4) The right to vote may not be limited except for incapacity, as a consequence of an irrevocable criminal sentence, or in cases of moral unworthiness established by law.

Article 49  [Political Parties]
All citizens have the right to freely associate in political parties in order to contribute by democratic methods to determine national policy.

Article 50  [Petitions]
All citizens may address petitions to the Chambers demanding legislative measures or presenting general needs.

Article 51  [Public Offices]
(1) Citizens of one or the other sex are eligible for public office and for elective positions under equal conditions, according to the rules established by law.  To this end, the republic adopts specific measures in order to promote equal chances for men and women.
(2) The law may, regarding their right to be selected for public positions and elective offices, grant to those italians who do not belong to the republic the same opportunities as citizens.
(3) Anyone elected to public office is entitled to the time necessary for the fulfillment of the respective duties while keeping his or her job.

Article 52  [Military Service]
(1) The defense of the fatherland is the sacred duty of every citizen.
(2) Military service is compulsory within the limits and under the terms of the law.  The fulfillment of military duties may not prejudice a citizen’s position as an employee, nor the exercise of his political rights.
(3) The rules about armed forces must conform to the democratic spirit of the republic.

Article 53  [Taxation]
(1) Everyone has to contribute to public expenditure in proportion to their capacity.
(2) The tax system has to conform to the principle of progression.

Article 54  [Loyalty to the Constitution]
(1) All citizens have the duty to be loyal to the republic and to observe the constitution and the laws.
(2) Citizens entrusted with public functions must perform them with discipline and honor, and take an oath of office where required by law.

Part II  Organization of the Republic

Section I  The Two Chambers

Article 55  [Parliament]
(1) The parliament consists of the House of Representatives and the senate.
(2) The parliament holds joint session only in cases defined by the constitution.

Article 56  [The House of Representatives]
(1) The house of representatives is elected by universal and direct suffrage.
(2) The number of representatives is six hundred and thirty, of which twelve are elected by the constituency of italians abroad.
(3) Eligible are voters who have reached the age of twenty-five on election day.
(4) Having set aside the seats assigned to the constituency of italians abroad, the distribution of seats among the constituencies is calculated by dividing the population of the last general census by six hundred and eighteen, and distributing the seats in proportion to the population of each constituency, based on the quotients and the largest remainders.

Article 57  [The Senate]
(1) The senate is elected on a regional basis except for the seats assigned to the constituency of italians abroad.
(2) Three hundred and fifteen senators are elected, of which six are elected by the constituency of italians abroad.
(3) No Region shall have fewer than seven senators; Molise has two senators and the Aosta Valley one.
(4) Having set aside the seats assigned to the constituency of italiens abroad, the distribution of seats among the regions is calculated proportionally to the population of the last general census, based on the quotients and the largest remainders.

Article 58  [Elections for the Senate]
(1) Senators are elected universally and directly by voters older than twenty-five years.
(2) Voters older than forty years are eligible to the senate.

Article 59  [Senators for Life]
(1) Anyone who was president of the republic is a senator for life unless waiving this privilege.
(2) The president may appoint as senators for life five citizens who have brought honor to the nation through their exceptional accomplishments in the social, scientific, artistic, and literary fields.

Article 60  [Term]
(1) The house of representatives and the senate are elected for five years.
(2) The term of each chamber may not be extended except by law and only in the case of war.

Article 61  [Reelections]
(1) The reelection of new chambers must take place within seventy days from the dissolution of the previous ones.  The first session has to be take place no later than twenty days after elections.
(2) The previous chambers retain their powers until the new chambers meet.

Article 62 [Sessions]
(1) Sessions commence on the first days of february and october that are no holidays.
(2) Each chamber may be summoned in extraordinary session on the initiative of its speaker, the president of the republic, or of one third of its members.
(3) If a chamber is summoned for an extraordinary session, the other chamber also convenes.

Article 63  [Speaker]
(1) Each chamber elect a speaker and members of the speaker’s office from among its members.
(2) The speaker and the speaker’s office of the house of representatives preside when the parliament convenes in joint session.

Article 64  [Rules of Procedures]
(1) Each Chamber adopt its rules of procedure by a majority of its members.
(2) Sessions are public, but the chambers or the parliament in joint session may decide to sit in private.
(3) Decisions of the chambers and of the parliament require the presence of a majority of the members and the consent of a majority of those present, notwichtstanding special majorities required by the constitution.
(4) Government members, even if not members of the chambers, have the right to attend sessions and are required to be present if summoned. They have to be heard on their request.

Article 65  [Ineligibility and Incompatibility]
(1) Conditions of ineligibility or incompatibility with the office of deputy or senator are defined by law.
(2) Nobody may be a member of both chambers at the same time.

Article 66  [Qualifications for Admission]
Each chamber decide about the electoral admissibility of its members and about instances of ineligibility and incompatibility.

Article 67  [Free mandate]
Members of parliament represent the nation; they are free from imperative mandate.

Article 68  [Indemnity, Immunity]
(1) Members of parliament may not be called to answer for opinions expressed or votes cast in the exercise of their office.
(2) Members of parliament may not be subjected to searches of their person or homeshall without prior authorization by their chamber, nor arrested or otherwise deprived of personal freedom, nor kept in a state of detention, except on an irrevocable conviction or caught in the act of a crime for which arrest is mandatory.
(3) The same authorization is required to subject members of parliament to any form of interception of their conversations or communications, and in order to seize their mail or correspondence.

Article 69  [Allowance]
Members of parliament receive an allowance defined by law.

Section II  Lawmaking

Article 70  [Legislative Power]
Legislative power is exercised jointly by the chambers.

Article 71  [Initiative]
(1) The right to initiatives belongs to the government, to each member of the chambers, and to those organs and bodies assigned by constitutional law.
(2) The people may introduce public initiatives consisting of a bill drafted in articles and supported by at least 50,000 voters.

Article 72  [Legislative Proceedings]
(1) Every bill introduced to one of the chambers is first examined by a committee as defined by the rules of procedures and then adopted by the chamber article by article and with a final vote.
(2) The rules of procedure establish an abbreviated procedure for bills declared urgent.
(3) They may also establish when and how the examination and approval of bills may be delegated to committees, including standing committees, composed in a way reflecting the relative size of groups in parliament.  In such cases, a bill must be submitted to the full chamber if the government, one-tenth of the chamber’s members, or one-fifth of the committee so demand, or it must be submitted to the committee for a final vote preceded only by statements of vote.  The rules of procedure define the manner in which the committees’ deliberation is made public.
(4) The ordinary procedure for the deliberation and decisionmaking by each chamber has to be followed for bills on constitutional or electoral matter and for those delegating legislative power or authorizing the ratification of international treaties or approving the budgets and the final balance.

Article 73  [Promulgation]
(1) Laws are promulgated by the president within a month after having been adopted.
(2) If each chamber declares a bill urgent with a majority of its members, it has to be promulgated within the time set in the bill.
(3) Laws have to be published immediately after they were promulgated; they enter into force on the fifteenth day after their publication unless the laws establish a different time.

Article 74  [Request for New Deliberation]
(1) Before promulgation, the president may ask for further deliberation by message to the chambers giving the reasons for such request.
(2) The law has to be promulgated if the chambers adopt the bill once more.

Article 75  [Referendum]
(1) When requested by 500,000 voters or by five regional councils, a popular referendum decides on total or partial repeal of a law or other acts with legal force.
(2) No such referenda are allowed for tax or budget laws, amnesties, pardons, or ratification of international treaties.
(3) Citizens entitled to vote for the house of representatives may also participate in a referendum.
(4) The referendum succeeds if a majority of those eligible have participated and if the proposal has received a majority of the valid votes.
(5) The law establishes procedures for referenda.

Article 76  [Delegation of Legislative Power]
Legislative power may not be delegated to the government unless parliament specifies principles and criteria of guidance, and only for limited time and well-specified subjects.

Article 77  [Law Decrees]
(1) The government may not issue decrees with the force of law unless empowered by a proper delegation of the chambers.
(2) As an exception by necessity and urgency, government may issue provisional measures with the force of law and submits them on the same day to the chambers for confirmation; if the chambers are not in session, they have to be summoned for that purpose within five days.
(3) Legal decrees lose effect at the date of issue if they are not confirmed within sixty days of their publication.  However, chambers may sanction rights and obligations arising out of decrees are not confirmed.

Article 78  [State of War]
Chambers are competent to declare war and assign the necessary powers to government.

Article 79  [Amnesty and Pardon]
(1) Amnesties and pardons may be granted by a law which must be adopted both article by article and in its entirety by two thirds of the members of each chamber.
(2) A law granting amnesty or pardon has to establish time limits for its enforcement.
(3) In no instance may amnesty or pardon be extended to offences committed after the bill has been introduced.

Article 80  [Ratification of Treaties]
Chambers ratify by law international treaties which are of political nature, provide for arbitration or judicial regulation, imply modifications of the territory, impose financial burdens, or result in modifications of the laws.

Article 81  [Budgets]
(1) For each year, chambers are voting the budget and final balance submitted by the government.
(2) Temporary execution of the budget may not be granted except by law and for periods of no more than four months altogether.
(3) In the budget law, no new taxes or expenditures may be adopted.
(4) All other laws implying new or additional expenditures must define the means to cover them.

Article 82  [Inquiries]
(1) A chamber may start inquiries into matters of public interest.
(2) It therefore appoints a committee composed of its members in proportion to the size of the groups in parliament.  The committee of enquiry investigates and examines the matters carrying the same powers and limitations as the judiciary.

Article 83  [Election of the President]
(1) The president is elected in joint session of parliament.
(2) Three delegates from every region, elected by the regional councils in a way guaranteeing minority representation, participate in the election. The Aosta Valley is represented by one delegate.
(3) Presidential elections, conducted by secret ballot, require a two-thirds majority of the assembly.  After the third ballot a majority of the members is sufficient.

Article 84  [Eligibility, Incompatibility, Allowance]
(1) Any citizen over fifty years enjoying civil and political rights is eligible for president.
(2) The presidency is incompatible with any other office.
(3) Remunerations and endowments of the president are defined by law.

Article 85  [Presidential Term]
(1) The presidential term is seven years.
(2) For the election of a new president, the speaker of the house of representatives summons parliament in joint session with regional delegates thirty days before the end of term.
(3) If the parliament is dissolved within three months of end of term, the new chambers elect the president within fifteen days of their first meeting.  Meanwhile, the former president continues to be in power.

Article 86  [Substitute of the President]
(1) If the president is unable to perform his duties, they are carried out by the speaker of the senate.
(2) In the case of permanent inability, death, or resignation of the president, the speaker of the house of representatives calls presidential elections within fifteen days unless more time is needed because the chambers are dissolved or their term is expiring within three months.

Article 87  [Presidential Duties]
(1) The president is head of state and represents the unity of the nation.
(2) The president may send messages to parliament.
(3) He calls parliamentary elections and sets the date of their first meeting.
(4) He authorizes the government’s legislative initiatives.
(5) He promulgates laws and issues decrees with the force of law as well as government regulations.
(6) He call a referendum when provided for by the constitution.
(7) He appoints state officials as provided by the laws.
(8) He accredits and receives diplomatic representatives, ratifies international treaties once they are authorized by parliament, provided parliamentary approval is necessary.
(9) He is the commander of the armed forces and chairman of the supreme defense council constituted by law; he declares war according to the decision of the parliament.
(10) He chairs the superior council of the judiciary.
(11) He has the power to grant pardons and commute punishments.
(12) He confers the honors of the republic.

Article 88  [Dissolution of the Chambers]
(1) The president may dissolve one or both chambers after having consulted their speakers.
(2) He may not exercise this power during the last six months of his term, provided this period does not coincide partly or entirely with the last six months of the term of chambers.

Article 89  [Countersignature]
(1) Acts of the president are void unless countersigned by the ministers who are responsible for and submitting it.
(2) Acts with the force of law and other acts as defined by law also need to be countersigned by the prime minister.

Article 90  [Presidential Indemnity]
(1) The president may not be held responsible for exercising his duties, except for high treason and attempts to overthrow the constitution.
(2) In these cases, he must be impeached by parliament in joint session by a majority of its members.

Article 91  [Oath of Loyalty]
The president, prior to taking office, has to swear before parliament in joint session an oath of allegiance to the republic and the constitution.

Section I  The Council of Ministers

Article 92  [Executive Power]
(1) The government of the republic consists of the prime minister and the ministers jointly constituting the council of ministers.
(2) The president appoints the prime minister and, on his advice, the ministers.

Article 93  [Oath]
The prime minister and the ministers, prior to taking office, are sworn in by the president.

Article 94  [Vote of Confidence]
(1) Government has to enjoy the confidence of both chambers.
(2) Confidence is granted or withdrawn by each chamber on a reasoned motion by vote using a roll-call.
(3) The government has to appear before each chamber no later than ten days after its appointment to get a vote of confidence.
(4) The rejection of a government proposal by a chamber does not force government resignation.
(5) The request for a vote of no-confidence requires the signatures of at least one-tenth of the members of either chamber and is not debated until three days after it has been filed.

Article 95  [Responsibilities]
(1) The prime minister conducts and is responsible for the general policy of the government. He ensures the unity of general political and administrative policies, promoting and coordinating the activities of the ministers.
(2) The ministers are jointly responsible for decisions of the council of ministers and individually for those of their ministries.
(3) Rules concerning the role of the prime minister and the number, responsibilities and organization of the ministries are determined by law.

Article 96  [Ministerial Offences]
The prime minister and ministers, even if no longer in office, are subject to ordinary courts for offences committed in the exercise of their duties only in those cases authorized by the senate or the house of representatives according to procedures defined by constitutional law.

Section II   Public Administration

Article 97  [Public Offices]
(1) The organization of public offices is determined by law ensuring the proper and fair operation of public affairs.
(2) Areas of competence, duties, and responsibilities of public officials must be defined in regulations on public offices.
(3) Appointments for public administration are determinde by public competition unless otherwise specified by law.

Article 98  [Independence of Officials]
(1) The duty of public officials is only to service the Nation.
(2) Officials who are members of parliament may not be promoted except for seniority.
(3) The right to become a registered member of political parties may be limited by law for members of the judiciary, professional members of the armed forces on active duty, police officials and officers, and diplomatic and consular representatives abroad.

Section III   Auxiliary Institutions

Article 99  [National Council of Economy and Labor]
(1) As defined by law, the national council of economy and labor is composed of experts and representatives of several trades considering their quantitative and qualitative importance.
(2) The council offers advice to parliament and government for matters and purposes defined by law.
(3) The council has the right to initiate legislation and to contribute to economic and social laws following the principles and observing the limits defined by law.

Article 100  [Council of State]
(1) The council of state gives advice on legal-administrative matters and ensures justice in the operation of the public administration.
(2) The office of the state auditor exercises preventive control of the government and subsequent control of the state budget. It participates, in the cases and forms defined by law, in the fiscal control of those bodies to which the state normally contributes. It reports the results of its audits directly to the chambers.
(3) The law ensures the independence of these two institutions and their members from government interference.

Section I  Organization of the Judiciary

Article 101  [Administration of Justice]
(1) The justice is administered in the name of the people.
(2) Judges are only subject to the law.

Article 102  [Judges]
(1) Judicial functions are exclusively exercised by ordinary courts regulated by norms about the organization of the judiciary.
(2) There may not exist extraordinary or special judges. Only specialized sections for specific matters may be established within the ordinary courts; qualified citizens who are not members of the judiciary may take part.
(3) The law regulates the cases and forms of direct participation of the people in the administration of justice.

Article 103  [Council of State, Court of Accounts, Military Tribunals]
(1) The council of state and other administrative courts have jurisdiction over lawful claims under administrative law and over civil-law claims against the public administration in matters defined by law.
(2) The court of accounts has jurisdiction over public accounts and other matters specified by law.
(3) Military courts in time of war have jurisdiction according to the law. In time of peace they only have jurisdiction over military offences committed by members of the armed forces.

Article 104  [Independent Judiciary, Superior Council of the Judiciary]
(1) The judiciary constitutes an autonomous and independent branch of government not subject to any other.
(2) The superior council of the judiciary is chaired by the president.
(3) The first president and the general public prosecutor of the court of cassation are members by law.
(4) Other members are elected with two-thirds majority by all ordinary judges belonging to the different categories, and one-third by parliament in joint session, from among full professors of law and lawyers with at least fifteen years of practice.
(5) The council elects a vice-chairman from among the members designated by parliament.
(6) The elected members have a term of for four years and may not be immediately re-elected.
(7) They are not allowed, while in office, to be registered as members of the legal profession, nor become members of parliament or of a regional council.

Article 105  [Powers of the Superior Council]
The superior council of the judiciary, as defined by organizational law, has the exclusive competence to appoint, assign, move, promote, and discipline members of the judiciary.

Article 106  [Appointment of Members of the Judiciary]
(1) Appointment to the judiciary is based on competitive examinations.
(2) The law on the organization of the judiciary may provide for honorary magistrates, possibly by election, to perform the duties of single judges.
(3) By proposal of the superior council of the judiciary, full professors of law as well as lawyers with at least fifteen years practice and registered for practice in higher courts, may be appointed to the court of cassation for exceptional merits.

Article 107  [Disciplinary Action]
(1) Members of the judiciary may not be removed from office.  They may not be dismissed, suspended, or moved to other jurisdictions or functions except either by decision of the superior council of the judiciary for reasons and with opportunity of defense as defined by the organizational law, or by their own consent.
(2) The minister of justice may initiate disciplinary action.
(3) Judges may only be distinguished by function.
(4) The public prosecutor enjoys the guarantees defined by the organizational law.

Article 108  [Laws on the Organization of the Judiciary]
(1) The organization of the judiciary and every judicial authority are defined by law.
(2) The law has to protect the independence of judges, of special courts, of the public prosecutors attached to them, and of all those not belonging to the judiciary who participate in the administration of justice.

Article 109  [Judicial Police]
The judiciary directly commands the judicial police.

Article 110  [Minister of Justice]
Notwithstanding the powers of the superior council of the judiciary, organization and operation of the administration of justice are vested in the minister of justice.

Section II  Rules on Jurisdiction

Article 111  [Legal Proceedings]
(1) Justice must be administered by fair trials defined by law.
(2) Trials are based on equal confrontation of the parties before an independent and impartial judge. The law has to define reasonable time limits for the proceedings.
(3) In criminal trials, the law provides for timely and confidential information of the accused regarding the nature and reasons of charges brought against them; they are granted the time and means for their defense; they have the right to question those who testify against them or to have them questioned; those who may testify in favor of the accused must be summoned and examined under the same conditions granted to the prosecution; any evidence in favor of the accused must be acknowledged; the accused may rely on the help of an interpreter if they do not understand or speak the language of the proceedings.
(4) In criminal trials, evidence may only be established according to the principle of confrontation between parties. No defendant may be proven guilty on the basis of testimony given by witnesses who freely and purposely avoided cross-examination by the defense.
(5) The law defines in which cases evidence may be established without confrontation between the parties, either by consent of the defendants or as an effect of proven misdemeanor.
(6) Reasons must be stated for all judicial decisions.
(7) Aainst sentences and measures concerning personal freedom delivered by the ordinary or special courts, appeals to the curt of cssation are always allowed regarding violations of the law. These provisions may be waived only in the case of sentences pronounced by military courts in time of war.
(8) Against decisions of the council of state and of the court of accounts, appeals to the court of cassation are only admissible for reasons of jurisdiction.

Article 112  [Criminal Proceedings]
The public prosecutor has the duty to initiate criminal proceedings.

Article 113  [Judicial Review]
(1) Against a decision taken by the public administration before an ordinary or administrative court, legal action is always admissible to protect one’s own rights under civil or administrative law.
(2) Such judicial protection may not be excluded or limited to specific forms of action or to specific categories of claims.
(3) The law defines which jurisdictional organs may annul decisions of the public administration, in which cases and with which effects.

Article 114  [Municipalities, Provinces, Metropolitan Cities, Regions, State]
(1) The republic consists of municipalities, provinces, metropolitan cities, regions, and the state.
(2) Municipalities, provinces, metropolitan cities, and regions are autonomous entities with their own statutes, powers, and functions according to the principles defined in the constitution.
(3) Rome is the capital of the republic. State law regulates its legal status.

Article 115  [Regions]
{ abolished }

Article 116  [Special Forms of Autonomy]
(1) According to their special statutes adopted by constitutional law, particular forms and conditions of autonomy are enjoyed by Friuli-Venezia Giulia, Sardinia, Sicily, Southern Trentino, and the Aosta Valley.
(2) The region Southern Trentino consists of the autonomous provinces Trento and Bolzano.
(3) Upon the initiative of the region concerned, after consultation of local administrations, state law may assign further particular forms and conditions of autonomy to other regions according to the principles laid down in Art. 119; such forms and conditions shall concern the matters specified in Art. 117 (3) as well as the matters listed in paragraph 2 of the same article under the letters l) – with regard to the organization of the offices of the justices of the peace only -, n), and s). The law, based on an agreement between the state and the region concerned, needs the approval of the chambers with a majority of their members.

Article 117  [State and Regional Legislative Power]
(1) Legislative power belongs to the state and the regions in accordance with the constitution and within the limits set by european union law and international obligations.
(2) The state has exclusive legislative power in the following matters:
a) foreign policy and international relations of the state; relations of the state with the european union; right of  asylum and legal status of the citizens of states not belonging to the european union;
b) immigration;
c) relations between the republic and religious denominations;
d) defense and armed forces; state security; weapons, ammunitions and explosives;
e) money, protection of savings, financial markets; protection of competition; currency system; state taxation system and accounting; equalization of regional financial resources;
f) state organs and their electoral laws; state referenda; election of the european parliament;
g) organization and administration of the state and of national public bodies;
h) law, order and security, aside from the local administrative police;
i) citizenship, registry of personal status and registry of residence;
l) jurisdiction and procedural laws; civil and criminal law; administrative tribunals;
m) determination of the basic standards of welfare related to those civil and social rights that must be guaranteed in the entire national territory;
n) general rules on education;
o) social security;
p) electoral legislation, local government and fundamental functions of municipalities, provinces and metropolitan cities;
q) customs, protection of national boundaries and international prophylactic measures;
r) weights, units of measurement and time standards; coordination of the informative, statistical and information-technology aspects of the data of the state, regional and local administrations; intellectual property;
s) protection of the environment, of the ecosystem and of  the cultural heritage.
(3) The following matters are subject to concurrent legislation of both the state and regions: international and european union relations of the regions; foreign trade; protection and safety of labor; education, without infringement of the autonomy of schools and other institutions, and with the exception of vocational training; professions; scientific and technological research and support for innovation in the productive sectors; health protection; food; sports regulations; disaster relief service; land-use regulation and planning; harbors and civil airports; major transportation and navigation networks; regulation of media and communication; production, transportation and national distribution of energy; complementary and integrative pensions systems; harmonization of the budgetary rules of the public sector and coordination of the public finance and the taxation system; promotion of the environmental and cultural heritage, and promotion and organization of cultural activities; savings banks, rural co-operative banks, regional banks; regional institutions for credit to agriculture and land development.
In matters of concurrent legislation, the regions have legislative power except for fundamental principles which are reserved to state law.
(4) The regions have exclusive legislative power with respect to any matters not expressly reserved to state law.
(5) Regarding the matters that lie within their field of competence, the regions and the autonomous provinces of Trento and Bolzano participate in any decisions about the formation of community law. The regions and autonomous provinces also provide for the implementation and execution of international obligations and of the acts of the european union in observance of procedures set by state law. state law establishes procedures for the state to act in substitution of the regions whenever those should fail to fulfill their responsibilities in this respect.
(6) The power to issue by-laws is vested in the state regarding all matters where it has exclusive legislative power, insofar as it does not devolve such power to the regions. The power to issue by-laws is vested in the regions in any other matters. Municipalities, provinces and metropolitan cities have regulatory power with respect to the organization and the fulfillment of the functions assigned to them.
(7) Regional laws have to remove all obstacles which prevent the full equality of men and women in social, cultural, and economic life, and promote equal access of men and women to elective offices.
(8) Regional laws has to ratify agreements reached by a region with another region aimed at the better exercise of their functions, including the establishment of joint institutions.
(9) Within its field of competence the region may establish agreements with foreign states and understandings with territorial entities that belong to a foreign state, in the cases and forms provided for by state law.

Article 118  [Administrative Functions]
(1) Administrative functions belong to the municipalities except when they are conferred to provinces, metropolitan cities, regions, or the state in order to guarantee uniform practice; the assignment is based on the principles of subsidiarity, differentiation and adequacy.
(2) Municipalities, provinces and metropolitan cities have their own administrative functions and, in addition, those conferred to them by the law of the state or the region according to their respective fields of competence.
(3) State law provides for forms of coordination between the state and the regions in the matters referred to in letters b) and h) of Art. 117 (2); it also provides for forms of understanding and coordination in the matter of the protection of the cultural heritage.
(4) State, regions, metropolitan cities, provinces and municipalities support autonomous initiatives promoted by citizens, individually or in associations, in order to carry out activities of general interest; this is based on the principle of subsidiarity.

Article 119  [Financial Autonomy]
(1) Municipalities, provinces, metropolitan cities and regions have financial autonomy regarding revenues and expenditures.
(2) Municipalities, orovinces, metropolitan cities and regions have autonomous resources. They establish and implement their own taxes and revenues, in harmony with the constitution and in accordance with the principles of coordination of the public finances and the taxation system. They receive a share of the proceeds of state taxes related to their territory.
(3) The law of the state establishes an equalization fund to the benefit of areas where the fiscal capacity per inhabitant is reduced, with no restrictions as to the allocation of its proceeds,  (4) The funds deriving from the sources mentioned in the previous paragraphs have to enable municipalities, provinces, metropolitan cities and regions to finance in full the functions attributed to them.
(5) In order to promote economic development, social cohesion, and solidarity, to remove economic and social inequalities, to foster the actual exercise of human rights, to pursue ends other than those pertaining to the exercise of their ordinary functions, the state may allocate additional resources or carry out special actions to the benefit of certain municipalities, provinces, metropolitan cities and regions.
(6) Municipalities, provinces, metropolitan cities and regions have their own assets, assigned to them according to general principles established by state law. They may only contract loans in order to finance investment expenditure. State guarantees on such loans are excluded.

Article 120  [Free Circulation and Substitution Clause]
(1) Regions may not charge import or export duties, nor duties on transit between regions, nor adopt provisions which may hinder in any way the free movements of persons and goods between regions, nor limit the right to work in any part of the national territory.
(2) The Government may act as a substitute for regional, metropolitan city, provincial, or municipal authorities whenever those should violate international rules or treaties or community law, whenever there is a serious danger for the public safety and security, and whenever such substitution is required in order to safeguard the legal or economic unity of the nation, and particularly in order to safeguard the basic standards of welfare related to civil and social rights, irrespective of the boundaries of the local governments. The law defines appropriate procedures in order to guarantee that substitution powers are exercised within the limits set by the principles of subsidiarity and fair cooperation.

Article 121  [Regional Organs]
(1) Regional organs are: the regional council, the regional cabinet and its president.
(2) The regional council exercises the legislative powers granted to the region and all other functions conferred on it by the constitution and by law. It may propose bills to the chambers.
(3) The regional cabinet is the executive authority of the region.
(4) The president of the regional cabinet represents the region; he conducts and is responsible for the general policy of the regional cabinet; he promulgates regional laws and regulations; he conducts the administrative functions delegated to the region by the state in accordance with the instructions of central government.

Article 122  [Regional Form of Government]
(1) The electoral system, the cases of ineligibility and incompatibility of the president and other members of the regional cabinet and the regional council are defined by the laws of the region within the limits of the fundamental principles determined by a state law also specifying the term of elected organs.
(2) Nobody may be at the same time a member of a regional council or a regional cabinet and of either chamber of parliament or of another regional council or another regional cabinet or of the european parliament.
(3) The regional council elects from its own members a president and a president’s office.
(4) Regional councilors may not be made liable for opinions expressed or votes cast in the exercise of their functions.
(5) The president of the regional cabinet, unless provided differently by regional statute, is elected by universal and direct suffrage. The elected president appoints and dismisses the members of the regional cabinet.

Article 123  [Regional Statutes]
(1) Every Region must have a statute determining the form of government and the fundamental principles of the organization and the functioning of the region in accordance with the constitution. The statute defines the exercise of initiative and of referendum on regional laws and regional administrative decisions and the publication of regional laws and regulations.
(2) The statutes is adopted and amended by the regional council by a law approved twice by a majority of its members; votes being taken within an interval of no less than two months. This law must not be submitted to the government’s commissioner. Within thirty days of its publication, the central government may challenge the constitutionality of a regional statute before the constitutional court.
(3) The statute has to be submitted to a popular referendum when, within three months of its publication, a request is made by one fiftieth of the electors of the region or by one fifth of the members of the regional council. The statute submitted to referendum may not be promulgated unless approved by a majority of valid votes.
(4) The statute of every region has to provide for a council of local governments, which function as a body for consultations between the region and local authorities.

Article 124  [Government Commissioner]
{ abolished }

Article 125  [Control of Legitimacy]
{ abolished }

Article 126  [Dissolution of the Regional Council and Dismissal of the president]
(1) By means of a decree of the president stating the reasons for it, the dissolution of the regional council and the dismissal of the president of the regional cabinet may be ordered when they have acted against the constitution or when they have committed serious violations of the law. The dissolution and the dismissal may also be ordered for reasons of national security. The decree is adopted after consulting a commission for regional affairs composed of senators and deputies and formed according to the law of the republic.
(2) The regional council may express its non-confidence in the president of the cabinet by a motion for which reasons must be stated; it must be signed by at least one fifth of its members, voted by roll-call, and approved by a majority of its members. The motion may be debated no earlier than three days after it has been filed.
(3) The vote of no-confidence against the president of the regional cabinet elected by universal and direct suffrage, as well as the removal, the permanent impediment, the death or the resignation of the president entail the resignation of the cabinet and the dissolution of the council. The same consequences follow from simultaneous resignation of a majority of the members of the council.

Article 127 [Constitutionality of Law]
(1) Whenever the government regards a regional law as exceeding the powers of the region, it may raise the question of its constitutionality before the constitutional court within sixty days of the publication of the law.
(2) Whenever a region regards a state law, another act of the state having the force of law, or a law of another region as infringing on its own sphere of powers, it may raise the question of its constitutionality before the constitutional court within sixty days of the publication of said law or act.

Article 128  [Provincial and Municipal Autonomy]
{ abolished }

Article 129  [Decentralization]
{ abolished }

Article 130  [Legitimacy of Provincial and Municipal Decisions]
{ abolished }

Article 131  [List of Regions]
The following regions are instituted: Piemonte; Aosta Valley; Lombardia; Southern Trentino; Veneto; Friuli-Venezia Giulia; Liguria; Emilia-Romagna; Toscana; Umbria; Marche; Lazio; Abruzzo; Molise; Campania; Puglia; Basilicata; Calabria; Sicily; Sardinia.

Article 132  [Regional Boundaries]
(1) By means of a constitutional act and after consulting the regional councils, existing regions may be merged or new regions created, provided the population of any new region is at least one million, when it is so requested by as many municipal councils as represent at least one third of the population involved, and when the proposal has been approved by the majority of the involved population in a referendum.
(2) With the assent of a majority of the people of the province or provinces concerned, and of the municipality or municipalities concerned, expressed by means of a referendum, after consulting the regional council, a state law may allow provinces and municipalities which request it to be detached from one region and assigned to another.

Article 133  [Provincial and Municipal Boundaries]
(1) Provincial boundaries may be changed and new provinces created within the area of a region by laws of the republic following a request of municipalities and after consulting the region.
(2) Each Region, after consulting the population involved, may within its own territory and by its own acts establish new municipalities and modify their boundaries and names.

Section I  The Constitutional Court

Article 134  [Jurisdiction]
The constitutional court decides:
- disputes concerning the constitutionality of laws and acts with the force of law adopted by state or regions;
- conflicts arising over the allocation of powers between branches of government within the state, between the state and the regions, and between regions;
- on accusations raised against the president in accordance with the constitution.

Article 135  [Composition]
(1) The constitutional court consists of fifteen justices; one third being appointed by the president, one third by parliament in joint session, and one third by ordinary and administrative supreme courts.
(2) Justices are chosen from among magistrates including those in retirement, from among supreme ordinary and administrative courts, from among university full professors of law, and from among lawyers with at least twenty years of practice.
(3) Justices are appointed for nine years, their term beginning the day they are sworn in and with no re-appointment.
(4) At the end of this term justices have to leave office and may no longer exercise its functions.
(5) The court elects from among its members and according to rules established by law its president who shall remain in office for three years and may be re-elected, but not exceed the ordinary term of justices.
(6) The office of justice is incompatible with membership in parliament or in a regional council, with the exercise of the legal profession, or with any other position and office defined by law.
(7) When sitting to decide on a case of impeachment against the president, the court consists of sixteen additional members, who are drawn by lot from a list of citizens elected by parliament every nine years, from among those possessing the qualifications for election to the senate, by the same procedures as for the appointment of the ordinary justices.

Article 136  [Unconstitutional Laws]
(1) When the court declares a law or an act with the force of law unconstitutional, the norm ceases to have effect from the day following the publication of the decision.
(2) The decision of the court is published and reported to parliament and to the regional councils involved for them to take appropriate measures in constitutional forms where necessary.

Article 137  [Conditions and Terms]
(1) A constitutional law establishes the conditions, forms, and terms for challenging the constitutionality of a law and guarantees the independence of the justices.
(2) An ordinary law defines all other rules necessary for the establishment and functioning of the court.
(3) Decisions of the constitutional court may not be appealed.

Section II  Amendments to the Constitution. Constitutional Laws

Article 138  [Procedure for Constitutional Amendment]
(1) Law amending the constitution and other constitutional acts are adopted by each of the two chambers twice within no less than three months and need the approval of a majority of the members of each chamber in the second voting.
(2) Such laws are afterwards submitted to popular referendum when, within three months of their publication, a request is made by one fifth of the members of either chamber, by 500,000 electors, or by five regional councils.  The law submitted to referendum is not promulgated if it does not receive the majority of valid votes.
(3) No referendum may be held if the law has been approved by each chamber in the second vote with a majority of two thirds of its members.

Article 139  [Limit to Constitutional Amendments]
The republican form of the state may not be changed by way of constitutional amendment.

Related articles

• Leading article: Berlusconi: Europe’s least credible legal reformer (europeavocat.com)
• Spain follows Italy in legal challenge to enhanced patent cooperation (ipkitten.blogspot.com)