Kara Sears
Italy follows a civil law system, rooted in ancient Roman law. In contrast to common law systems, where judicial precedents are more influential, civil law systems like Italy's emphasise codified statutes and legal codes as primary sources of legal authority. The Italian Civil Code, which governs both civil and commercial law, derives mainly from ordinary law, legislative decrees, and regional legislation.
| Characteristics | Values |
|---|---|
| Type of legal system | Civil law |
| Country | Italy |
| Membership | European Union |
| Type of government | Parliamentary republic |
| Constitution | Constitution of 1948 |
| Legislative power | Shared between Italian Parliament and regional councils |
| Judicial power | Divided into ordinary jurisdiction and special jurisdiction |
| Highest court | Supreme Court of Cassation |
| Main sources of law | Italian Constitution, Italian Civil Code, EU legislation |
| Civil law basis | Roman law, Napoleonic civil code |
| Criminal law | Italian Penal Code |
| Judicial system | Unified, with courts and judges in a national network |
| Judges and prosecutors | Belong to the same civil service sector, with interchangeable positions |
| Administrative law | Italian Administrative Process Code |
| Judicial independence | Guaranteed by the Consiglio Superiore della Magistura |
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What You'll Learn
Italy's legal system is a civil law state
The Italian legal system operates within the civil law tradition, with a foundation in Roman law principles. It is characterised by a systematic and hierarchical arrangement of legal norms, with an emphasis on codified statutes and legal codes as primary sources of legal authority. Civil law systems, including Italy's, use individual case decisions primarily for advisory purposes rather than for establishing binding legal precedents.
The Italian Constitution is the main source of law in Italy, followed by the Italian Civil Code, which governs both civil and commercial law. The civil code addresses private law matters such as contracts, property, corporations and companies, labour, family relations, and inheritance. The Italian Civil Code derives mainly from ordinary law, legislative decrees, and regional legislation.
The Italian judicial system consists of a series of courts and a body of judges who are civil servants. Judges and prosecutors belong to the same civil service sector, and their positions are interchangeable. The judicial system is unified, with every court being part of a national network. The highest court in the central hierarchy is the Supreme Court of Cassation, which has appellate jurisdiction and gives judgments only on points of law.
The Italian legal system is independent of the legislature and the executive, with jurisdictional functions performed only by ordinary magistrates. The independence of the judiciary is ensured by the Consiglio Superiore della Magistura, a supervisory organ presided over by the President of the Republic and composed of the Prosecutor General, the President of the Court of Cassation, and elected members who are lawyers or university law professors.
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Italian civil code is based on Roman law
Italy is a civil law state, governed by codified law. The Italian Civil Code (Italian: Codice civile) is the civil code of Italy, a collection of norms regulating private law. It was enacted under Fascist rule, by Royal Decree No. 262 of 16 March 1942. The Italian Civil Code replaced an earlier civil code that had been in force since 1865. The latter was essentially an Italian translation of the Napoleonic Code, which was itself based on Roman law.
The Italian Civil Code is divided into six books, composed of titles, chapters, sections, and 2,969 articles. The six books deal with people and family, heritage, property, bonds, working, and the protection of rights. The civil code provides a comprehensive framework for civil law matters, such as contracts, property, and inheritance.
The Italian legal system has a rich history that spans over two millennia. The Roman legal system heavily influenced the development of Italian law, with legal scholars such as Gratian and Bartolus contributing significantly during this period. Gratian created the Decretum Gratiani, a collection of legal texts that became fundamental for canon law. Bartolus helped develop the principle of territorial sovereignty.
The Italian Civil Code is the main regulatory body for private law in Italy, governing both civil and commercial law. It is one of the most important components of the Italian legal system, providing a foundation for civil law matters and ensuring the protection of individual rights and freedoms.
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The Italian judicial system is unified
Italy operates under a civil law system, with a lineage that can be traced back to ancient Roman law. The Italian judicial system is unified, with every court being part of a national network. The Italian legal system is governed by codified law, with the Italian Constitution as its main source. The Constitution of Italy was adopted on 22 December 1947, and it establishes a balanced interaction between the executive, legislative and judicial branches.
The Italian Constitution is composed of 139 articles, arranged into three main parts: Fundamental Principles, Rights and Duties of Citizens, and Organisation of the Republic. The Constitution lays down the foundational legal framework and principles that guide the creation, interpretation, and application of all other legal norms. The hierarchy includes primary legislation (laws passed by Parliament and regional assemblies), secondary legislation (regulations and decrees issued by the executive), and tertiary norms (local laws and regulations).
The Italian judicial system consists of a series of courts and a body of judges who are civil servants. The highest court in the central hierarchy is the Supreme Court of Cassation, which has appellate jurisdiction and gives judgments only on points of law. Below the Supreme Court of Cassation are the various tribunali, located in several districts, and the corti d’appello, located in different provinces. The Italian civil judicial system is based on a two-tier justice system that allows for the reconsideration of a case that has already been decided. The first decision is when the court considers a case based on its merits, and the second tier is the appeal that challenges the court's decision.
The independence of the judiciary is ensured by an autonomous organ called the Consiglio Superiore della Magistura. This supervisory organ is presided over by the President of the Republic and is composed of two members: the Prosecutor General and the President of the Court of Cassation. The remaining members are elected among lawyers or university law professors.
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The Italian Constitution is the main source of law
Italy is a civil law state, governed by codified law. The Italian Constitution is the main source of law and was adopted on 22 December 1947. It is composed of 139 articles, five of which were later abrogated, and is arranged into three main parts:
- Principi Fondamentali (Fundamental Principles, articles 1–12)
- Part I: Diritti e Doveri dei Cittadini (Rights and Duties of Citizens, articles 13–54)
- Part II: Ordinamento della Repubblica (Organisation of the Republic, articles 55–139)
The Constitution establishes a balanced interaction between the executive, legislative, and judicial branches, rather than a rigid separation. While state power is centralised to a great degree, Article 131 of the Italian Constitution divides the state into 20 regions, each conferred with limited governing power. The Italian civil code, which governs both civil and commercial law, is based on codified Roman law with elements of the Napoleonic civil code and later statutes. The civil code of 1942 replaced the original one of 1865. The penal code ("The Rocco Code") was written under fascism in 1930. Both the civil code and the penal code have been modified to conform to the current democratic constitution and social changes.
The Italian judicial system consists of a series of courts and a body of judges who are civil servants. Judges and prosecutors belong to the same civil service sector, and their positions are interchangeable. The judicial system is unified, with every court being part of a national network. The highest court in the central hierarchy is the Supreme Court of Cassation, which has appellate jurisdiction and gives judgments only on points of law. The 1948 Constitution prohibits special courts, with the exception of administrative courts and courts-martial.
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Italy's system of government is a parliamentary republic
The Italian Parliament is composed of two houses: the Chamber of Deputies and the Senate of the Republic. The Prime Minister of Italy, officially the President of the Council of Ministers of the Italian Republic, is the head of government and must have the confidence of the Italian Parliament to remain in office. The Prime Minister is appointed by the President, who is the head of state. The President also has the power to veto a law in Parliament if they consider it to be in conflict with the Constitution. The Council of Ministers, which includes the Prime Minister, all ministers, and the undersecretary to the President of the Council, is the principal executive organ of the Government of Italy.
Italy's legal system is that of a civil law state, governed by codified law based on Roman law, in particular, civil law. The Italian civil code was approved with a Royal decree on March 16, 1942, and entered into force on April 21, 1942. It was formed from the merger of the Italian Civil Code of 1865 and the Italian Commercial Code of 1882. The civil code has since been modified to conform with the current democratic constitution and social changes. The Italian judiciary is unified, with every court being part of a national network. The highest court in the central hierarchy is the Supreme Court of Cassation, which has appellate jurisdiction and gives judgments only on points of law.
Italy is divided into 20 regions, each conferred with limited governing power. Five regions—Sardinia, Sicily, Trentino-Alto Adige, Vale d'Aosta, and Friuli-Venezia Giulia—have been granted extended autonomy by statute, allowing them to pass legislation on some local matters. The remaining 15 regions are governed by regional "councils."
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Frequently asked questions
Italy is a civil law country.
The Italian civil law system is based on codified Roman law, with elements of the Napoleonic civil code and later statutes.
The main sources of law in Italy are the Italian Constitution, constitutional laws, ordinary law, legislative decrees, and regional legislation.
