Law of Italy
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The Italian legal system has a plurality of sources of production. These are arranged in a hierarchical scale, under which the rule of a lower source cannot conflict with the rule of an upper source (hierarchy of sources).
The Constitution of 1948 is the main source. The Italian Civil Code is based on codified Roman law with elements of the Napoleonic civil code and of the German BGB. The civil code of 1942 replaced the original one of 1865. The penal code ("The Rocco Code") was also written under fascism (1930).
Both the civil code and the penal code have been modified in order to be in conformity with the current democratic constitution.
Article 117 of the Constitution of Italy shares legislative power, according to the concerned matters, between Italian Parliament and regional councils. While a law ratified by the national Parliament is simply called legge and is enforced on the whole country, laws ratified by regional councils are named leggi regionali (regional laws) and can be applied only in the concerned region.
- Ettore Salvatore D'Elia and Mario Ragona. In Winterton and Moys (eds). Information Sources in Law. Second Edition. Bowker-Saur. 1997. Chapter Sixteen: Italy. Pages 271 to 292.
- Occasional parliamentary majorities can have serious distortive effects on the legislation, such as ignoring warnings of qualified organs regarding the lack of an administrative or financial cover for certain provisions: Buonomo, Giampiero (2012). "Nei disegni di legge di conversione solo emendamenti "in tema"". Guida agli enti locali. – via Questia (subscription required)
- Articolo 117, Senate of the Republic official website: www.senato.it