The hierarchy of the sources of Italian law
Laws do not all carry the same “weight”: they are arranged in a hierarchy. A source of lower rank cannot contradict a higher one. Here is the order, from the top.
1. The Constitution and constitutional laws
At the top: the Italian Constitution and constitutional/revision laws (an aggravated procedure, Art. 138). Everything else must conform to it.
2. European Union sources
EU regulations and directives: by the principle of primacy, they prevail over incompatible domestic rules in the matters within the Union’s competence.
3. Primary sources
Ordinary statutes of the State and acts of the Government having the force of law: decreto-legge and decreto legislativo. At the territorial level, regional laws in their own matters.
4. Secondary sources
Regulations (governmental, ministerial): they implement statutes and cannot derogate from them.
5. Usages and customs
At the bottom, usages: they matter only insofar as statutes and regulations refer to them.
On Open·Parlamento every law reports its type and identifier (ELI), and the amendment relations show how the sources interweave. See the Italian Constitution and the codes.
Frequently asked questions
What happens if a statute conflicts with the Constitution?
It may be declared unconstitutional by the Italian Constitutional Court (Corte Costituzionale) in a review of constitutionality, and it loses its effect.
Does EU law prevail over Italian law?
In the matters within the Union’s competence, yes: by the principle of primacy the judge disapplies the incompatible domestic rule.
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)
- What Normattiva is
- What the Gazzetta Ufficiale is
- How the Italian Constitutional Court works
- Glossary — ELI, CELEX, MCP server, legislative OSINT
Informational tool — not legal advice.