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Free of Charge Databases Introduction: Italian Legal System On the European Continent, legal systems can be said to have various origins, but in particular, to have descended from classical Roman law, which became with time "jus civile", and can be distinguished in many ways from the "Common Law".
The Italian legal order has two fundamental origins, "jus privatorum" and "juspublicum"; this traditional division of law does not exist in "Common Law" countries with an English tradition.
The former, concerning Private Law, draws its sources from ancient Roman law the "Institutiones", "Digesta", "Codex" and "Novellae" and substantially still mirrors those ancient principles today, albeit filtered through the experience of the Medieval and Renaissance jurists the Glossators and Commentatorsand later summarized in the French Napoleonic codification ofwhich in Italy was partially affected by the influx of German Pandectist doctrine.
The latter, concerning Public Law, finds its most direct and modern inspiration in the "Declaration of the Rights of Man and of the Citizen" offollowing the French Revolution.
It was strongly influenced by the political experience of the Italian Risorgimento, partially incorporated in the Constitution of the State of the Piedmont, promulgated on 4 March by Carlo Alberto of Savoy the so-called Statuto Albertinoand finally fully expressed in the Republican Constitution in force today.
The description above provides a general outline of the system up to the promulgation of the new Italian Constitution inwhich imposed a different and updated approach and interpretation of the old rules, influencing in a decisive manner the order of the powers of the individuals and of the State and, above all, the relationship between the citizens and the State.
Furthermore, it also forced the latter to intervene strongly in the economic field. It is usually said that the Italian Constitution is a compromise between the thrust for the simplified popular idea of justice deriving from 19th century socialist ideas and the innate natural law aspiration of religious Catholic origin.
The Italian Constitution, which came into force on 1 Januaryclearly states that the rights of individuals exist and are protected, but directs their exercise towards the benefit of the entire collectivity, according to the principle, also dear to early French Constitution makers, that the individual is everything in society but is nothing without it.
It is the whole constitutional framework that, for the purpose of fully implementing the project for a new society, takes the doctrine formulated by Montesquieu as its own and clearly separates legislative, executive and judicial Powers, giving each its own precise rules and autonomy.
An English translation of the Italian Constitution textrevised and updated tois in A. This translation has been realized for International Constitutional Law ICLa scientific organization that translated also other Constitutions in the world, providing a special kind of cross references among different constitutional texts.
The Italian legal system, as founded on Roman and Germanic traditions and based on the written laws value, is a "Civil Law system".
It is deeply different from the legal system of the English-speaking countries so called "Common Law systems"developed by royal courts of justice and basically structured as a "Jurisprudencial Law", in which just the judges make law, binding by means of their sentences the following judicial decisions.
Legislative Power is exercised by the "Parlamento" [Parliament]: The "Corte Costituzionale" [Constitutional Court] exercises control over the constitutional legitimacy of laws. On August 8ththe Senato approved a historical reform of its structure and powers. It had to be the first step of the constitutional reform process.
The negative response of the Constitutional referendum stopped this aim in December Judicial Power is exercised by magistrates distinguished in functions and competencies as follows.
Any Judge can refer a case to the Constitutional Court. It is to be pointed out that Italy, following European member States trends, starting from publishes paper and online editions of the Gazzetta Ufficiale considering both versions of published legislation paper and electronic as legally binding.
With respect to the online edition it is worthwhile knowing that every single page of it can be downloaded individually and since 1 January in toto and that only the free-of-text format is free of charge. The authenticity of the Gazzetta Ufficiale is guaranteed through electronic signature. The certified PDF edition has been available since January 1, The Ministry of Justice Directorate of Information Systems is responsible for archiving the Legal Gazette before the publication of the electronic edition.
The "Codice dell'amministrazione digitale" Code for digital administration is the legal basis for archiving electronic official texts in general, although not specifically for the Gazzetta Ufficiale.
Regarding the last constitutional reforms, a brief synthesis of their development is offered by the Dipartimento per le Riforme Istituzionali Institutional Reforms Department. Printed Sources of Italian Law Considered as a whole, legal information is basically made up of three main elements: Naturally, this does not exclude the fact that there is a large quantity of different data, which is very important for legal purposes, such as administrative acts, notices, circulars and so on.
Here, however, for the sake of our presentation, the paper-based instruments relating to the dissemination of these data will not be taken into consideration but, rather, the analysis of the paper-based sources will be limited to the three main types of sources indicated above.
The concise treatment of the subject, which follows separately, deals with Italian legislation, case law and legal authority leaving aside, that is, the specific nature of the individual branches of the law. Some special mention will only be made in relation to the main divisions of Italian law, namely, Civil La w, Criminal Law and Public Law.
Printed Sources of General Nature 1. Legislation Legislative data are collected into tools, which can be divided into two categories: I those, which contain the text of the legislative measures and II those, which contain the legislative references.
I Both official and private publications belong to the former category. The brief presentation following here is based on this distinction.
Among the official publications, we wish to cite the "Gazzetta Ufficiale della Repubblica Italiana", the "Raccolta Ufficiale degli atti normativi della Repubblica Italiana" and the"Bollettini ufficiali regionali". The "Gazzetta Ufficiale della Repubblica Italiana", published by the "Istituto Poligrafico e Zecca dello Stato", represents the most popular collection.
It publishes not only all the legislative acts, but also Community and Regional sources, as well as the decisions and orders of the Constitutional Court and government circulars. For a systematic search, monthly and annual indexes are also available which enable the user to identify the act on the basis of the date of its adoption, the number of the measure and the subject matter that has been regulated.
The "Raccolta Ufficiale degli atti normativi della Repubblica Italiana", again published by the "Poligrafico dello Stato", contains the texts of Italian legislative measures set out in order of the number of their insertion in the collection and it is provided with annual indexes.
The "Bollettini ufficiali regionali" constitute a collection of legislative acts passed by the legislative bodies of the twenty Italian Regions in Sicily, a Region under a special Statute, the collection is called "Gazzetta Ufficiale".Elio Fameli holds a Law degree from the University of Florence.
He is an Associated Research Director at the ITTIG - "Istituto di Teoria eTecniche dell'Informazione Giuridica" ("Institute of Legal Information Theory and Techniques"), previously known as IDG ("Istituto per la DocumentazioneGiuridica" - "Institute for Legal Documentation"), an organ of the Italian National Research Council.
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