PARIME THEMELORE

Neni 1

Italia eshte nje Republike demokratike, e bazuar ne punen.

Sovraniteti i perket popullit, qe e ushtron ate ne format dhe brenda kufijve te Kushtetutes.

Neni 2

Republika njeh dhe garanton te drejtat e padhunueshme te njeriut, qofte si individ, qofte ne formacionet shoquerore ku zhvillohet personaliteti i tij, dhe kerkon kryerjen e detyrave te domosdoshme te solidaritetit politik,ekonomik e shoqeror.

Neni 3

Te gjithe shtetasit kane dinjitet shoqeror te njejte dhe jane te barabarte perpara ligjit, pa dallim seksi, race,gjuhe, feje, mendimi politik, kushtesh vetjake e shoqerore.

Neni 4

Eshte detyre e Republikes hequja e pengesave te karakterit ekonomik e shoqeror, te cilat, duke kufizuar ne praktike lirine dhe barazine e shtetasve, ndalojne zhvillimin e plote te personalitetit njerezor dhe pjesemarrjen efektive te te gjithe punonjesve ne organizimin politik, ekonomik e shoqeror te Vendit.

Neni 5

Republika u nje dhe e pandare, njeh dhe zhvillon autonomine lokale; kryen, ne sherbimet qe varen nga shteti, dedecentralizimin admistrativ me te gjere; i pershtat parimet dhe metodat e legjislacionit te saj me kerkesat e autonomise dhe te decentralizimit.

Neni 6

Republika kujdeset me norma te posacme per minoritetet gjuesore.

Neni 7

Shteti dhe Kisha katolike, jane, secili ne fushen e vet, te pavarur dhe sovrane.

Marredheniet e tyre rregullohen nga Paktet e Lateranos.

Ndryshimet e Pakteve, te pranuara nga te dy palet, nuk kerkojne procedure rishikimi te Kushtetutes.

Neni 8

Te gjitha besimet fetare jane njesoj te barabarta perpara ligijt.

Besimet fetare, te ndryshme nga ai katolik, kane te drejte te organizohen sipas statuteve te veta, per aq sa keto nuk vijne ne kundershtim me rendin juridik italian.

Marredheniet e tyre me shtetin rregullohen me ligj mbi bazen e marreveshjeve me perfeqesite perkatese.

Neni 9

Republika nxit zhvillimin e kultures dhe kerkimin shkencor e teknik.

Ajo kujdeset per mjedisin dhe pasurite historike e artistike te Kombit.

Neni 10

Rendi juridik italian u pershtatet normave te se drejtes nderkombetare pergjithesisht te pranuara.

Gjendja juridike e shtetasit te huaj rregullohet me ligj, ne pajtim me normat dhe traktatet nderkombetare.

Shtetasi i huaj, te cilit ne vendin e vet i ndalohet ushtrimi efektiv i lirive demokratike te garantuara nga Kushtetuta italiane, ka te drejte strehimi ne territorin e Republikes, sipas kushteve te percektuara me ligj.

Nuk lejohet ekstradimi i shtetasit te huaj per vepra penale politike.

Neni 11

Italia e hedh poshte luften si instrument cenimi te lirise se popujve te tjere dhe si mjet zgjidhjeje te mosmareveshjeve nderkombetare, pranon, ne kushte barazie me shtetet e tjera, kufuzime te sovranitetit per aq sa jane te nevojshme per nje rend qe te siguroje paqen dhe drejtesine ndermjet Kombeve; ajo incurajon dhe favorizon organizatat nderkombetare qe kane kete qellim.

Neni 12

Flamuri i Republikes eshte tringiyresci italian: i gjelber, i bardhe dhe i kuq, me tre shirita vertikale me permasa te bararbarta.

PJESA E PARE

Neni 13

Liria vetjake nuk mund te dhunohet.

Nuk lejohet asnje forme burgosjeje, inspektimi ose kontrolli vetjak, dhe as ndonje kufizim tjeter i cfaredoshem i lirise vetjake, pervecse me nje akt te arsyetuar te autoritetit gjyqesor dhe vetem ne rastet dhe menyrat e parashikuara me ligj.

Ne raste te jashtezakonshme domosdoshmerie dhe urgjence, te permendura shprehimisht ne ligj, autoriteti i sigurimit publik mund te marre masa te perkohshme, te te cilat brenda 48 oreve duhet t’i njoftohen autoritetit giyqesor dhe, ne rast se ky nuk i sanksionon brenda 48 oreve pasardhese, quhen te shfuqizuara dhe mbeten pa efekt.

Ndeshkohet cdo dhune fizike ose morale ndaj atyre personave qe sidocofte u nenshtrohen kufizimeve te lirise.

Me ligj caktohen kufijte maksimale te paraburgimit.

Neni 14

Banesa nuk mund te dunohet.

Ne te nuk mund te kryhen kontrolle ose bastisje a sekuestrime, pervecse ne rastet dhe menyrat e percaktuara me ligj, sipas garancive te parashikuara per aresye shendetesore dhe te sigurimit publik ose per qellime ekonomike e fiskale rregullohen me ligje te posacme.

Neni 15

Liria dhe fshehtesia e korrespondences dhe e cdo forme tjeter komunikimi nuk mund te dhunohen.

Kufizimi i tyre mund te behet vetem me nje akt te autoritetit giyqesor me garancite e percaktuara me ligj.

Neni 16

Cdo shtetas mund televize e te qendroje lirisht ne cdo pjese te territorit kombetar, me perjashtim te kufizimeve qe ligji cakton ne perjithesi per shkaqe shendetesore ose sigurimi.

Asnje kufizim nuk mund te vihet duke u nisur nga arsye politike.

Cdo shtetas eshte i lire te dale nga territori i Republikes dhe te kthehet ne te, pervecse kur ka detyrime ligjore.

Neni 17

Shtetasit kane te drejte te tubohen paqesisht dhe pa arme.

Per tubimet, edhe ne nje vend te hapur per publikun, nuk kerkohet njoftim paraprak.

Per tubime ne vende publike duhen njoftuar paraprakisht autoritetet, te cilat mund t’i ndalojne vetem per shkaqe te vertetueshme sigurimi ose paprekshmerie publike.

Neni 18

Citizens have the right to form associations freely, without authorisation, for ends that are not forbidden to individuals by criminal law.
Secret associations and those associations that, even indirectly, pursue political ends by means of organisations having a military character, are prohibited.

Neni 19

All persons have the right to profess freely their own religious faith in any form, individually or in association, to disseminate it and to worship in private or public, provided that the religious rites are not contrary to public morality.

Neni 20

The ecclesiastical nature and the religious or ritual purposes of an association or institution may not constitute a cause for special limitations under the law, nor for special taxation with respect to its establishment, legal status or any of its activities.

Neni 21

All persons have the right to express freely their ideas by word, in writing and by all other means of communication.
The press may not be subjected to authorisation or censorship.
Seizure is permitted only by a reasoned warrant, issued by the judicial authority, in the case of offences for which the law governing the press gives express authorisation, or in the case of violation of its provisions concerning the disclosure of the identity of those holding responsibility.
In such cases, when there is absolute urgency and when timely intervention of the judicial authority is not possible, periodical publications may be seized by officers of the judicial police, who must promptly, and in any case within twenty-four hours, report the matter to the judicial authority. If the latter does not confirm the seizure order within the following twenty-four hours, the seizure is understood to be withdrawn and null and void.
The law may establish, by means of provisions of a general nature, that the financial sources of the periodical press be disclosed.
Printed publications, public performances and events contrary to public morality are forbidden. The law establishes appropriate means for the prevention and repression of all violations.

Neni 22

No person may be deprived for political reasons of legal capacity, citizenship or name.

Neni 23

No obligations of a personal or a financial nature may be imposed on any person except by law.

Neni 24

All persons are entitled to take judicial action to protect their individual rights and legitimate interests.
The right of defence is inviolable at every stage and level of the proceedings.
The indigent are assured, by appropriate measures, the means for legal action and defence in all levels of jurisdiction.
The law determines the conditions and the means for the redress of judicial errors.

Neni 25

No one may be withheld from the jurisdiction of the judge previously ascertained by law.
No one may be punished except on the basis of a law in force prior to the time when the offence was committed.
No one may be subjected to restrictive measures except in those cases provided for by the law.

Neni 26

Extradition of a citizen is permitted only in the cases expressly provided for in international conventions.
In no case may extradition be permitted for political offences.

Neni 27

Criminal responsibility is personal.
The defendant is not considered guilty until the final judgement is passed.
Punishment cannot consist in inhuman treatment and must aim at the rehabilitation of the convicted person.
The death penalty is not permitted, except in cases provided for under war-time military law.

Neni 28

Officials and employees of the State and public entities are directly answerable, under criminal, civil and administrative law, for actions committed in violation of rights. In such cases, civil liability extends to the State and the public entities.

ETHICAL AND SOCIAL

RIGHTS AND DUTIES

Neni 29

The Republic recognises the rights of the family as a natural society founded on matrimony.
Matrimony is based on the moral and legal equality of the spouses within the limits laid down by law to guarantee the unity of the family.

Neni 30

It is the duty and right of parents to support, raise and educate their children, even if born out of wedlock.
In the case of incapacity of the parents, the law provides for the fulfilment of their duties.
The law ensures to children born out of wedlock every form of legal and social protection, that is compatible with the rights of members of the legitimate family.
The law lays down the rules and limitations for the determination of paternity.

Neni 31

The Republic assists the formation of the family and the fulfilment of its duties, with particular consideration for large families, through economic measures and other benefits.
The Republic protects mothers, children and the young by adopting the necessary provisions.

Neni 32

The Republic safeguards health as a fundamental right of the individual and as a collective interest, and guarantees free medical care to the indigent.
No one may be obliged to undergo any given health treatment except under the provisions of the law. The law cannot under any circumstances violate the limits imposed by respect for the human person.

Neni 33

The Republic guarantees the freedom of the arts and sciences, which may be freely taught.
The Republic lays down general rules for education and establishes state schools for all branches and grades.
Entities and private persons have the right to establish schools and institutions of education, at no cost to the State.
The law, when setting out the rights and obligations for the non-state schools which request parity, shall ensure that these schools enjoy full liberty and offer their pupils an education and qualifications of the same standards as those afforded to pupils in state schools.
State examinations are prescribed for admission to and graduation from the various branches and grades of schools and for qualification to exercise a profession.
Institutions of higher learning, universities and academies, have the right to establish their own regulations within the limits laid down by the laws of the State.

Neni 34

Schools are open to everyone.
Primary education, which is imparted for at least eight years, is compulsory and free.
Capable and deserving pupils, including those without adequate finances, have the right to attain the highest levels of education.
The Republic renders this right effective through scholarships, allowances to families and other benefits, which shall be assigned through competitive examinations.

Neni 35

The Republic protects work in all its forms and practices.
It provides for the training and professional advancement of workers.
It promotes and encourages international agreements and organisations which have the aim of establishing and regulating labour rights.
It recognises the freedom to emigrate, subject to the obligations set out by law in the general interest, and protects Italian workers abroad.

Neni 36

Workers have the right to a remuneration commensurate to the quantity and quality of their work and in all cases to an adequate remuneration ensuring them and their families a free and dignified existence.
Maximum daily working hours are established by law.
Workers have the right to a weekly rest day and paid annual holidays. They cannot waive this right.

Neni 37

Working women have the same rights and are entitled to equal pay for equal work. Working conditions must allow women to fulfil their essential role in the family and ensure special appropriate protection for the mother and child.
The law establishes the minimum age for paid work.
The Republic protects the work of minors by means of special provisions and guarantees them the right to equal pay for equal work.

Neni 38

Every citizen unable to work and without the necessary means of subsistence has a right to welfare support.
Workers have the right to be assured adequate means for their needs and necessities in the case of accidents, illness, disability, old age and involuntary unemployment.
Disabled and handicapped persons have the right to education and vocational training.
The duties laid down in this article are provided for by entities and institutions established by or supported by the State.
Private-sector assistance may be freely provided.

Neni 39

Trade unions have the right to organise themselves freely.
No obligations can be imposed on trade unions other than registration at local or central offices, according to the provisions of the law.
A condition for registration is that the statutes of the trade unions establish their internal organisation on a democratic basis.
Registered trade unions are legal persons. They may, through a unified representation that is proportional to their membership, enter into collective labour agreements that have a mandatory effect for all persons belonging to the categories referred to in the agreement.

Neni 40

The right to industrial action shall be exercised in compliance with the law.

Neni 41

Private-sector economic initiative is freely exercised.
It cannot be conducted in conflict with social usefulness or in such a manner that could damage safety, liberty and human dignity.
The law shall provide for appropriate programmes and controls so that public and private-sector economic activity may be oriented and co-ordinated for social purposes.

Neni 42

Property is publicly or privately owned. Economic assets belong to the State, to entities or to private persons. Private property is recognised and guaranteed by the law, which prescribes the ways it is acquired, enjoyed and its limitations so as to ensure its social function and make it accessible to all.
Private property may, in the cases provided for by the law and with provisions for compensation, be expropriated for reasons of general interest.
The law establishes the regulations and limits of legitimate and testamentary inheritance and the rights of the State in matters of inheritance.

Neni 43

For purposes of general interest, specific enterprises or categories of enterprises related to essential public services, energy sources or monopolistic situations and which have a primary public interest, may be reserved from the outset to the State, public entities or communities of workers or users, or may be transferred to them by means of expropriation and payment of compensation.

Neni 44

For the purpose of ensuring the rational exploitation of land and equitable social relationships, the law imposes obligations and constraints on the private ownership of land; it sets limitations to the size of holdings according to the region and agricultural zone; encourages and imposes land reclamation, the conversion of latifundia and the reorganisation of farm units; and assists small and medium-sized holdings.
The law makes provisions in favour of mountainous areas.

Neni 45

The Republic recognises the social function of co-operation of a mutualistic, non-speculative nature. The law promotes and encourages co-operation through appropriate means and ensures its character and purposes through adequate controls.
The law safeguards and promotes artisanal work.

Neni 46

For the economic and social betterment of workers and in harmony with the needs of production, the Republic recognises the rights of workers to collaborate in the management of enterprises, in the ways and within the limits established by law.

Neni 47

The Republic encourages and safeguards savings in all forms. It regulates, co-ordinates and oversees the operation of credit.
The Republic promotes the access through citizens’ mutual savings to the ownership of housing and of directly cultivated land, as well as to direct and indirect investment in the equity of the large production complexes of the country.

Neni 48

All citizens, male and female, who have attained their majority, are voters.
The vote is personal and equal, free and secret. The exercise thereof is a civic duty.
The law lays down the requirements and modalities for citizens residing abroad to exercise their right to vote and guarantees that this right is effective. A constituency of Italians abroad shall be established for elections to the Houses of Parliament; the number of seats of such constituency is set forth in a constitutional provision according to criteria established by law.
The right to vote cannot be restricted except for civil incapacity or as a consequence of an irrevocable penal sentence or in cases of moral unworthiness as laid down by law.

Neni 49

All citizens have the right to freely associate in parties to contribute to determining national policies through democratic processes.

Neni 50

All citizens may present petitions to both Houses to request legislative measures or to express collective needs.

Neni 51

All citizens of either sex are eligible for public offices and for elective positions on equal terms, according to the conditions established by law. To this end, the Republic shall adopt specific measures to promote equal opportunities between women and men.
The law may grant Italians who are not resident in the Republic the same rights as citizens for the purposes of access to public offices and elected positions.
Whoever is elected to a public function is entitled to the time needed to perform that function and to retain previously held employment.

Neni 52

The defence of the Fatherland is a sacred duty for every citizen.
Military service is obligatory within the limits and in the manner set by law. Fulfilment thereof shall not prejudice a citizen’s employment, nor the exercise of political rights.
The organisation of the armed forces shall be based on the democratic spirit of the Republic.

Neni 53

Every person shall contribute to public expenditure in accordance with his/her tax-payer capacity.
The taxation system shall be based on criteria of progression.

Neni 54

All citizens have the duty to be loyal to the Republic and to uphold its Constitution and laws.
Those citizens to whom public functions are entrusted have the duty to fulfil such functions with discipline and honour, taking an oath in those cases established by law.