The state has powers of control over the regions. The validity of regional laws that are claimed to be illegal can be tested in the Constitutional Court, while those considered inexpedient can be challenged in parliament. State supervisory committees presided over by government-appointed commissioners exercise control over administrative acts. The government has power to dissolve regional councils that have acted contrary to the constitution or have violated the law. In such an event, elections must be held within three months.
The organs of the commune, the smallest local government unit, are the popularly elected communal council, the communal committee, or executive body, and the mayor. The communes have the power to levy and collect limited local taxes, and they have their own police, although their powers are much inferior to those exercised by the national police. The communes issue ordinances and run certain public health services, and they are responsible for such services as public transportation, garbage collection, and street lighting. Regions have some control over the activity of the communes. Communal councils may be dissolved for reasons of public order or for continued neglect of their duties.
The organization of the provinces, units midway in size between regions and communes, is analogous to that of the communes; they each have councils, committees, and presidents. Since 1990 several laws that modify the organization of these local autonomies have been introduced in a trend toward greater decentralization.
There are certain central government officials whose duties lie in the sphere of local government. These include the government commissioner of each region, who supervises the administrative functions performed by the state and coordinates them with those performed by the region; the prefect, resident in each province, who is responsible for enforcing the orders of the central government and has powers of control over the organs of the province and communes; and the questore, who is the provincial chief of the state-run police.
Particular local government officials also have central government duties: among them are the president of the regional committee who, in directing the administrative functions that the state delegates to the region, performs a specific state duty; and the mayor of a commune who, in his capacity as an agent of the central government, registers births, deaths, marriages, and migrations, maintains public order (though in practice this is dealt with by the national police), and can, in cases of emergency, issue ordinances concerning public health, town planning, and the local police. Justice
The Italian judicial system consists of a series of courts and a body of judges who are civil servants. Judges and prosecutors belong to the same civil service sector, and their positions are interchangeable. The judicial system is unified, with every court being part of the national network. The highest court in the central hierarchy is the Supreme Court of Cassation; it has appellate jurisdiction and gives judgments only on points of law. The 1948 constitution prohibits special courts with the exception of administrative courts and courts-martial, although a vast network of tax courts has survived from an earlier period. The administrative courts have two functions: the protection of interessi legittimi—that is, the protection of individual interests directly connected with public interests and protected only for that reason—and the supervision and control of public funds.
Frosinone: courthouse Courthouse in Frosinone, Italy.© Pieralfonso/Shutterstock.com
Administrative courts are also provided by the judicial sections of the Council of State, the oldest juridical-administrative advisory organ of government. The Court of Accounts has both an administrative and a judicial function; the latter involves primarily fiscal affairs. The Superior Council of the Magistrature, provided for by the constitution and intended to guarantee the independence and integrity of the judiciary, was formed only in 1958. It attends to the careers, assignments, and disciplining of judges. Two-thirds of its members are elected by the judges and one-third by parliament. The president and the public prosecutor of the Court of Cassation also belong to it. Elections tend to politicize the council, which has become an influential force in Italian politics.
Italian law is codified and based on Roman law, in particular as regards civil law. The codes of the kingdom of Sardinia in civil and penal affairs, derived from the Napoleonic Code, were extended to the whole of Italy when unification was achieved in the mid-19th century. In the period between World War I and II, these codes were revised. The Constitutional Court has declared a number of articles unconstitutional. The revised 1990 penal code replaced the old inquisitory system with an accusatory system akin to that of common-law countries. Besides the codes, there are innumerable statute laws that integrate the codes and regulate areas of law, such as public law, for which no codes exist.
The constitution stresses the principle that the judiciary should be independent of the legislature and the executive. For this reason, jurisdictional functions can be performed only by ordinary magistrates, and extraordinary tribunals may not be set up. Judges cannot be dismissed, they are not subject to hierarchical superiors, and their careers rest on seniority.
The organized crime group known collectively as the Mafia (though regionally recognized as the Camorra in Naples, the ’Ndrangheta in Calabria, and the Sacra Corona Unita in Puglia) has a long history in Italy, particularly in Sicily, and it has followed the Italian diaspora to foreign countries, notably the United States. Nearly eliminated by Benito Mussolini during the interwar period and revived after World War II, the Mafia resurged in the mid-20th century with the rise of international drug trafficking but faced increased homeland opposition from the Italian justice system in the later years of the century. As government prosecution of its activities increased in the 1970s, ’80s, and early ’90s, the Mafia struck back by assassinating magistrates and judges who had aggressively targeted organized crime.
Popular resistance to the Mafia increased in the early 21st century as business owners increasingly refused to pay the pizzo, a “protection” fee demanded by local crime organizations. The pizzo, which extracted an estimated €200 million per day from Italian businesses, represented a vital revenue stream for the Mafia. The Addiopizzo (“Goodbye, pizzo”) movement coalesced around consumers and businesses who rejected the Mafia’s presence in everyday life, and Italy’s most powerful business association threatened to expel any of its members who paid the pizzo. Political process Electoral system
For almost half a century after World War II, Italy’s electoral system was based on proportional representation, a system in which seats in an elected body are awarded to political parties according to the proportion of the total vote that they receive. Between 1993 and 1995, several changes were made by national legislation and popular referenda. Following these changes, on the national level the Chamber of Deputies and the Senate were elected by a combination of proportionality and plurality. Seventy-five percent of the seats in these two chambers were filled from single-member districts by individual candidates who won the largest number of votes in each district. The other 25 percent of the seats were awarded to candidates from party lists on a proportional basis. The number of votes obtained by the winner in single-member districts was fully (for senators) or partially (for deputies) subtracted before allocating proportional seats, thus introducing a further element of proportionality. A new electoral law passed in late 2005 overturned this system by restoring full proportional representation. However, the law also allocated a number of bonus seats in the Chamber of Deputies to the winning coalition—thus guaranteeing a majority for the victors.