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Italy

Italian Republic

Civil lawUnitary parliamentary republicReviewed· 2026-08-02
Capital
Rome
Population
58,800,000
Languages
Italian
Currency
EUR

Italy · Rights

Rights in Italy

What the atlas records on rights in Italy, checked against the primary sources cited below.

Rights

The 1948 Constitution, a bicameral Parliament and referral-based review

Reviewed· 2026-08-02

Italy is a parliamentary republic under the rigid 1948 Constitution. Both chambers of Parliament have equal powers, and the Constitutional Court decides constitutional questions referred to it by ordinary judges as well as direct state-region disputes.

Key rules

  • Ordinary judges must refer a serious constitutional doubt to the Constitutional Court rather than decide it themselves.
  • Constitutional amendment requires two votes in each chamber and may be put to referendum.
  • Abrogative referendums can repeal existing statutes on a citizens' initiative.

Governing law

  • Constitution of the Italian Republic (1948)

In practice

There is no individual constitutional complaint: a rights argument must be raised in ordinary litigation so the judge can refer the question upward.

Sources

Rights

Inviolable constitutional rights read together with the ECHR

Reviewed· 2026-08-02

Part I of the Constitution guarantees inviolable rights, and the Constitutional Court treats the European Convention as an interposed norm through Article 117. Rights are vindicated in the ordinary courts, with Strasbourg available after exhaustion.

Key rules

  • Personal liberty may be restricted only by a reasoned judicial act in cases provided by law.
  • ECHR obligations bind the legislature via Article 117 and can render a statute unconstitutional.
  • The Pinto Act gives a domestic remedy in damages for excessively long proceedings.

Governing law

  • Constitution of the Italian Republic, arts. 2–54 (1948)
  • Act 89/2001 (Pinto Act) on fair length of proceedings

In practice

Delay claims under the Pinto Act are common because of case backlogs, and are subject to strict time limits after the proceedings end.

Sources

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