References: Arts. 24, 96, and 113 of the Constitution. Art. 24: Everyone can take judicial action to protect individual rights and legitimate interests. The right to defence is inviolable at every stage and moment of the proceedings. The poor are assured, through appropriate institutions, the means for action and defence before all levels of jurisdiction. The law determines the conditions and the means for the reparation for judicial errors

Art. 96: The President of the Council of Ministers and the Ministers, even if they resign from office, are subject, for crimes committed in the exercise of their duties, to normal justice, provided authorization is given by the Senate of the Republic or the Chamber of Deputies, in accordance with the norms established by Constitutional Law.

Art. 113: Against acts of the public administration the judicial safeguarding of rights and legitimate interests before the organs of ordinary or administrative justice is always permitted. Such judicial protection may not be excluded or limited in particular kinds of appeal or for particular categories of acts. The law determines which judicial bodies are empowered to annul acts of public administration in the cases and with the consequences provided for in the law itself.

References: [ LINK ] [ LINK ] [ LINK ]

References: Arts 103, art 113, art. 134 of the Constitution Art. 103: The Council of State and the other organs of judicial administration have jurisdiction for safeguarding before the public administration legitimate rights and, in particular matters laid out by law, also subjective rights. The Court of Accounts has jurisdiction in matters of public accounts and in other matters laid out by law. Military tribunals in time of war have the jurisdiction established by law. In time of peace they have jurisdiction only for military crimes committed by members of the armed forces.

Art. 113: Against acts of the public administration the judicial safeguarding of rights and legitimate interests before the organs of ordinary or administrative justice is always permitted. Such judicial protection may not be excluded or limited in particular kinds of appeal or for particular categories of acts. The law determines which judicial bodies are empowered to annul acts of public administration in the cases and with the consequences provided for in the law itself.

Art. 134: The Constitutional Court shall pass judgment on: Controversies on the constitutional legitimacy of laws and enactments having the force of law issued by the State and the regions; Conflicts arising from allocation of powers of the State and those allocated to State and regions, and between regions; Accusations made against the President of the Republic, according to the provisions of the Constitution.

References: [ LINK ] [ LINK ]

References: [ LINK ]

References: Arts. 68 and 90 of the Constitution.

Art. 68: Members of Parliament may not be required to give account of any opinions expressed or votes cast in the exercise of their functions. Without authorization from the house to which they belong, no member of Parliament may be subjected to a personal search or have their domicile searched, neither may they be arrested or otherwise deprived of personal freedom, or kept in detention, except to enforce a final conviction, or if caught in the act of committing a crime for which arrest is mandatory. Similar authorization is also required before members of Parliament may have their conversations or communications intercepted, or their mail impounded.

Art. 90: The president of the republic is not responsible for the acts performed in the exercise of his duties, except for high treason or plots against the Constitution. In such cases he is impeached by Parliament in joint session, with an absolute majority of its members.

Peer Review Comments: Yes, they can be prosecuted for common crimes.

References: Art. 68 of the Constitution Art. 68: Members of Parliament may not be required to give account of any opinions expressed or votes cast in the exercise of their functions. Without authorization from the House to which they belong, no member of Parliament may be subjected to a personal search or have their domicile searched, neither may they be arrested or otherwise deprived of personal freedom, or kept in detention, except to enforce a final conviction, or if caught in the act of committing a crime for which arrest is mandatory.Similar authorization is also required before members of Parliament may have their conversations or communications intercepted, or their mail impounded. (as amended with law 140 of June 20, 2003, the so-called "Lodo Schifani")

Head of the state is not required to disclose assets.

References: Law 441 of July 5, 1982

Peer Review Comments: As the social scientist states, a head of state is not required to disclose assets.

Peer Review Comments: The head of state is not required to disclose assets, but in the last few years he has done so as a sign of openness.

The head of the state is not required to disclose assets.

References: Law 441/82

References: [ LINK ]

References: There is no such law.

This rule doesn't apply to members of Parliament.

References: Law 215 of July 20, 2004, art. 2.4 [ LINK ]

References: Article by the Authority for Competition and Market (Autorità Garante della Concorrenza e del Mercato) website: www.acgm.it

[ LINK ]

Peer Review Comments: In practice regulations are easily bypassed. A clear example was the case of Mr. Lunardi, a former Transport minister. He was the owner of one of the biggest engineering enterprises, usually engaging in competitive tender. During his time in office and for the following 12 months he withdrew from all responsabilities in his enterprise and passed them to his wife. The same thing happened in the case of Mr. Berlosconi, the former prime minister: during his term in office his son and daughters formally conducted his various businesses in telecommunications, constructions and others.

References: [ LINK ]

References: Article from the Chamber of Deputies: [ LINK ]

References: Law 441/82, art.s 8 and 9

Art. 8 sets the right to access to asset records for all citizens registered in electoral rolls. Art 9 sets the rules of publication, in a bullettin

Peer Review Comments: There is a law that requires asset disclosure (Law 441 of July 5,1982) but the head of state is exempt.

References: Email contact with Mr. Lino Duilio secretariat (President of the V Permanent Commission of the Chamber of Deputies)

References: Email contact with Mr. Lino Duilio secretariat (President of the V Permanent Commission of the Chamber of Deputies)

References: Global integrity report 2004, question 26, Country Report Italy; www.governo.it

Peer Review Comments: The Italian political system is fragmented. In order to form a government of coalitions, is necessary to establish compromises between several political parties. At present, some ministers, being leaders of political parties, are using their positions to increase their parties' influence in the center left coalition. In doing so, they are affecting government's effectiveness.