What is the Constitutional Court. The Constitutional Court of the Italian Republic is a body set up by the Italian Constitution of 1948. The rules of its operation are contained in the Constitution, the Constitutional Law No. 1 of 1948 and Act No. 87 of 1953 (and other supplementary provisions and the Regulations of the Court is any).
Based art. 134 of the Constitution, the Constitutional Court judges :
- disputes relating to the constitutionality of laws and acts having the force of law, the State and the Regions;
- on jurisdictional disputes between the powers State and those between the State and the Regions, and between regions;
- allegations against the President of the Republic, under the Constitution;
- of admissibility of the referendum.
also for the Court to judge the eligibility of applications for referendum, introduced by the Constitutional Law 1 11 March 1953.
What the Alfano . The Alfano is a law, provides for the suspension processes to the four highest positions in the State , namely:
- President of the Republic;
- President of the Senate;
- President the Chamber of Deputies;
- the President of the Council of Ministers.
the 15 (fifteen) Judges of the Constitutional Court ( Francesco Amirante , Ugo De Siervo , Paolo Maddalena , Alfio Finocchiaro, Alfonso Quaranta , Franco Gallo, Luigi Mazzella , Gaetano Silvestri, Sabino Cassese, Maria Rita Saulle , Giuseppe Tesauro, Paul Napolitano, Giuseppe Frigo , Alessandro Criscuolo and Paolo Grossi ) took a majority decision (9 v 6): the Alfano is unlawful. It was rejected for violation of Article . 138 of the Constitution, namely the obligation to have recourse to a constitutional law and ordinary, and for violation of Article 3, which is the principle of equality. The judges' decision will result in the immediate reopening of two trials against Prime Minister Silvio Berlusconi for corruption in judicial and lawyer David Mills for corporate crimes in the sale of TV rights Mediaset.
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