WHERE IS ITALIAN LEGAL SYSTEM FROM???

The Italian legal system derived from Roman law that is shared by many continental countries: Germany, France, Spain, Portugal….

• is the supreme law of the land;• a special judicial body, the Constitutional

Court, is vested with power to decide whether or not a statute is unconstitutional

• on an equal footing are “constitutional laws”

The Italian civil law system is a code uniforming civil and commercial law; this is divided into six branches.

• The individual and the family;

• The law of succession;

• Property law;

• Obligations – contract law;

• Labour law;

• Rights and remedies.

Laws are introduced into parliament (composed of two branches, Camera dei deputati and Senato della repubblica) and are promulgated by the President of the Republic.

Parliament may delegate legislative power to the executive (composed of a Council of Ministers)

The executive enacts decrees (decreti legislativi) which have legislative power when they are promulgated by the President of the republic.

The executive branch enacts also decrees to address urgent problems (decreti legge) which must be approved by parliament within sixty days of enactment.

Decrees and laws are normally followed by regulations (regolamenti): they haven’t got legislative power.

Laws and decrees come usually into force fifteen days after their publication in the Official Gazette of the Republic.

Other decrees ( D.P.C.M “Decreto della presidenza del consiglio dei ministri” and D.M “Decreto Ministeriale”) are enacted by the Chief of the Executive who have

subordinate legislative power.

The territory of Italy is divided into 20 regions.

But in 5 regions called “Regioni a statuto speciale” (Sicily, Sardinia, Val d’Aosta,

French border, Alto Adige, Austrian border, Friuli, Croatian border) there is an

exclusive legislative power.

Business practices and customs may sometimes have the same status as statutory

law when no applicable statute exists.

Chambers of Commerce publish reports of the mercantile practices and customs in their

respective regions.

Certain provisions of the Treaty of Rome(1967) are to be applicable directly by

national courts of Member States. By virtue of Art. 189 of the EU, Treaty regulations enacted

by Community institutions are directly applicable in all Member States.

However, the European Court of Justice has held that EU directives, even if not binding

unless implemented, may give rights to individuals on which they can rely, if the

directives are sufficiently clear.