How the Italian Constitutional Court works
The Italian Constitutional Court (Corte Costituzionale, the Consulta) checks that laws comply with the Constitution. It is the guardian of the fundamental charter.
1. Composition
15 judges: 5 appointed by the President of the Republic, 5 by Parliament in joint session, 5 by the supreme courts. They serve for 9 years.
2. Review of constitutionality
It examines whether a law complies with the Constitution, either incidentally (raised by a judge) or directly (by the State or the Regions).
3. The types of decision
It may declare the law unconstitutional (which then loses its effect), or the question unfounded or inadmissible.
On Open·Parlamento you can see whether a law has been declared unconstitutional or whether it is currently being challenged (pending cases). See the Italian Constitution (Arts. 134–137).
Frequently asked questions
What happens when a law is declared unconstitutional?
It loses its effect from the day after the ruling is published: it can no longer be applied.
Who can raise a question of constitutionality?
Incidentally, a judge during a trial; directly, the State or the Regions for their respective acts.
Other guides
- How an Italian bill becomes law
- Decreto-legge and decreto legislativo: the differences
- How to cite a law with the ELI
- What an MCP server is (and how to use it for the law)
- The hierarchy of the sources of Italian law
- What Normattiva is
- What the Gazzetta Ufficiale is
- Glossary — ELI, CELEX, MCP server, legislative OSINT
Informational tool — not legal advice.