Elio Fameli holds a Law degree from the University of Florence. He is an Associated Research Director at the ITTIG - "Istituto di Teoria eTecniche dell'Informazione Giuridica" ("Institute of Legal Information Theory and Techniques"), previously known as IDG ("Istituto per la DocumentazioneGiuridica" - "Institute for Legal Documentation"), an organ of the Italian National Research Council. He was responsible of a CNR National Project. In the ITTIG structure, he was a member of the Scientific Committee of the Institute and coordinator of the "Information Technology and Law" Section. He is a member of the Scientific Committee of the international journal "Informatica e diritto". He published numerous scientific essays about the application of Artificial Intelligence to Law, "Computer Law" and the dissemination of legal information on Internet. In his recent research activity, he paid special attention to the problems of definition and systematization of the Legal Informatics as unitary discipline (see E. Fameli, La definizionedell'Informatica giuridica, in M. Ragona, G. Peruginelli (editors), L'Informatica giuridicain Italia. Cinquant'anni di studi, ricerche ed esperienze, Neaples, ESI, 2014; E. Fameli, Teoria, definizione e sistematica dell'Informatica giuridica, in R. Nannucci (editor), Lineamenti di informatica giuridica. Teoria, Metodi, Applicazioni, Neaples,ESI,2002;) and to the right ofthe citizen to information about the environment (see thevolumes: Fameli et alii, Diritto alla vita e diritto all'ambiente nel lessico costituzionalee nella dottrina giuridica. Florence, S.T.A.R., 2003; E. Fameli, A. Cammelli, Informatica, Diritto, Ambiente. Tecnologie dell'informazione e diritto, Neaples, ESI, 1997; E. Fameli, A. Cammelli, Diritto all'informazione ambientale e sistemi informativi orientati al cittadino, Padua, CEDAM, 1996).
Francesco Fameli graduated magna cum laude in Law at the University of Florence. Then he took a further specialization degree in Administrative Law at the Florence Postgraduate School of Law. In 2011, he became an officially registered mediator. He wrote large essays concerning the Public Administration damage compensation. He is currently working as a lawyer in Florence. His main interests concern Public and Administrative Law (with special attention to zoning law, building codes and licenses fees), Intellectual Property Law (in particular as regards copyright rule applications in the fields of informatics and music industry) and voluntary associations' legal guardianship.
General Table of Contents
Introduction: Italian Legal System
- Printed Sources of Italian Law
- Online Italian Legal Information: Portals, Search Engines, Guides, Sites of Legal Interest
- Italian Legislation, Jurisprudence and Legal Authority on the Net: Institutional Web Sites, Off-line Databases, Mailing Lists and Newsgroupsa
- Open Access Online Legal Information Sourcesa>
- Main Italian Legal Websites
- Glossary of the Most Frequently Used Italian Legal Terms
- Free of Charge Legal Databases
Analytical Table of Contents
Introduction: Italian Legal System
On the European Continent, legal systems can be said to have various origins, but in particular, to have descended from classical Roman law, which became with time "jus civile", and can be distinguished in many ways from the "Common Law". The Italian legal order has two fundamental origins, "jus privatorum" and "juspublicum"; this traditional division of law does not exist in "Common Law" countries with an English tradition. The former, concerning Private Law, draws its sources from ancient Roman law (the "Institutiones", "Digesta", "Codex" and "Novellae") and substantially still mirrors those ancient principles today, albeit filtered through the experience of the Medieval and Renaissance jurists (the Glossators and Commentators), and later summarized in the French Napoleonic codification of 1805, which in Italy was partially affected by the influx of German Pandectist doctrine. The latter, concerning Public Law, finds its most direct and modern inspiration in the "Declaration of the Rights of Man and of the Citizen" of 1789, following the French Revolution. It was strongly influenced by the political experience of the Italian Risorgimento, partially incorporated in the Constitution of the State of the Piedmont, promulgated on 4 March 1848 by Carlo Alberto of Savoy (the so-called Statuto Albertino), and finally fully expressed in the Republican Constitution in force today.
The description above provides a general outline of the system up to the promulgation of the new Italian Constitution in 1947, which imposed a different and updated approach and interpretation of the old rules, influencing in a decisive manner the order of the powers of the individuals and of the State and, above all, the relationship between the citizens and the State. Furthermore, it also forced the latter to intervene strongly in the economic field.
It is usually said that the Italian Constitution is a compromise between the thrust for the simplified popular idea of justice deriving from 19th century socialist ideas and the innate natural law aspiration of religious Catholic origin. The Italian Constitution, which came into force on 1 January 1948, clearly states that the rights of individuals exist and are protected, but directs their exercise towards the benefit of the entire collectivity, according to the principle, also dear to early French Constitution makers, that the individual is everything in society but is nothing without it. It is the whole constitutional framework that, for the purpose of fully implementing the project for a new society, takes the doctrine formulated by Montesquieu as its own and clearly separates legislative, executive and judicial Powers, giving each its own precise rules and autonomy.
The Italian Constitution was published in a special issue of the "Gazzetta Ufficiale della Repubblica" [Official Gazette of the Republic] on 27 December 1947. The text can almost always be found together with publications of the 5 Codes ("Codice Civile", "Codice di Procedura Civile", "Codice penale", "Codice di Procedura Penale", "Codice della Navigazione" - Civil Code, Code of Civil Procedure, Penal Code, Code of Criminal Procedure, Code of Navigation). An English translation of the Italian Constitution text, revised and updated to 2014, is in A. Tschentscher (ed.), ICL - International Constitutional Law (version edited by C. Fusaro). This translation has been realized for International Constitutional Law (ICL), a scientific organization that translated also other Constitutions in the world, providing a special kind of cross references among different constitutional texts.
The Italian legal system, as founded on Roman and Germanic traditions and based on the written laws value, is a "Civil Law system". It is deeply different from the legal system of the English-speaking countries (so called "Common Law systems"), developed by royal courts of justice and basically structured as a "Jurisprudencial Law", in which just the judges make law, binding by means of their sentences the following judicial decisions. The distinction between "Private Law" and "Public Law", absent in the "Common Law systems", on the contrary characterizes the "Civil Law systems".
Legislative Power is exercised by the "Parlamento" [Parliament]: that is the "Camera dei Deputati" [Chamber of Deputies] and the "Senato della Repubblica" [Senate of the Republic]. Legislative initiative belongs also to the "Consiglio Nazionale dell'Economia e del Lavoro" [National Council of Economy and Labour] and the People. The "Corte Costituzionale" [Constitutional Court] exercises control over the constitutional legitimacy of laws.
On August 8th 2014, the Senato approved a historical reform of its structure and powers. It had to be the first step of the constitutional reform process. The negative response of the Constitutional referendum stopped this aim in December 2016. Executive Power is attributed to the "Governo" [Government], while the "Consiglio di Stato" [Council of State] and the "Corte dei Conti" [State Audit Court] have a measure of control and an advisory role over the Executive.
Judicial Power is exercised by magistrates distinguished in functions and competencies as follows. "Corte costituzionale" [Constitutional Court]: judicial review of constitutionality; "Corte di Cassazione" [Supreme Court of Cassation]: control of the legality of the decisions. Civil Jurisdiction: a) First instance: "Giudice di Pace" [Judge of the Peace], "Pretura" [Magistrates' Court], Tribunale [Tribunal]; b) Second Instance: "Pretura" [Magistrates Court], "Tribunale" [Tribunal], "Corte d'Appello" [Court of Appeal]. Penal Jurisdiction: a) First Instance: "Pretura" [Magistrates' Court], "Tribunale" [Tribunal], "Corte d'Assise" [Court of Assize]; b) Second Instance: "Tribunale" [Tribunal], "Corte d'Appello" [Court of Appeal], "Corte d'Assise d'Appello" [Appeal Court of Assize]. Administrative Jurisdiction: a) First instance: "Tribunali Amministrativi Regionali" [Regional Administrative Tribunals]; b) Second Instance: "Consiglio di Stato" [Council of State]. Taxation Jurisdiction: a) First instance: "Commissioni Tributarie Provinciali" [Provincial Taxation Commissions]; b) Second Instance: "Commissioni Tributarie Regionali" [Regional Taxation Commissions]. Audit Jurisdiction: a) First instance: "Corte dei Conti - Singola Sezione" [State Audit Court - Single Session]; b) Second Instance: "Corte dei Conti - Sezioni Unite" [State Audit Court - Joint Sitting]. Military Jurisdiction: a) First instance: "Tribunale Militare" [Military Tribunal]; b) Second Instance: "Corte Militare d'Appello" [Military Court of Appeal]. Any Judge can refer a case to the Constitutional Court.
A concise political and institutional history can be found at the ICL (International Constitutional Law) website (Italy Index section), edited by C. Fusaro.
It is to be pointed out that Italy, following European member States trends, starting from 2009 publishes paper and online editions of the Gazzetta Ufficiale considering both versions of published legislation (paper and electronic) as legally binding. With respect to the online edition it is worthwhile knowing that every single page of it can be downloaded individually and since 1 January 2009 in toto and that only the free-of-text format is free of charge. The authenticity of the Gazzetta Ufficiale is guaranteed through electronic signature. The certified PDF edition has been available since January 1, 2009.
The Ministry of Justice (Directorate of Information Systems) is responsible for archiving the Legal Gazette before the publication of the electronic edition. The "Codice dell'amministrazione digitale" (Code for digital administration) is the legal basis for archiving electronic official texts in general, although not specifically for the Gazzetta Ufficiale. Regarding the last constitutional reforms, a brief synthesis of their development is offered by the Dipartimento per le Riforme Istituzionali (Institutional Reforms Department).
A. Sources of Italian Law
Considered as a whole, legal information is basically made up of three main elements: legislative data, case law data and legal authority data. Naturally, this does not exclude the fact that there is a large quantity of different data, which is very important for legal purposes, such as administrative acts, notices, circulars and so on. Here, however, for the sake of our presentation, the paper-based instruments relating to the dissemination of these data will not be taken into consideration but, rather, the analysis of the paper-based sources will be limited to the three main types of sources indicated above.
The concise treatment of the subject, which follows separately, deals with Italian legislation, case law and legal authority (leaving aside, that is, the specific nature of the individual branches of the law). Some special mention will only be made in relation to the main divisions of Italian law, namely, Civil Law, Criminal Law and Public Law.
1. Printed Sources of General Nature
Legislative data are collected into tools, which can be divided into two categories: I) those, which contain the text of the legislative measures and II) those, which contain the legislative references.
I) Both official and private publications belong to the former category. The brief presentation following here is based on this distinction. Among the official publications, we wish to cite the "Gazzetta Ufficiale della Repubblica Italiana", the "Raccolta Ufficiale degli atti normativi della Repubblica Italiana" and the"Bollettini ufficiali regionali".
The "Gazzetta Ufficiale della Repubblica Italiana", published by the "Istituto Poligrafico e Zecca dello Stato", represents the most popular collection. It publishes not only all the legislative acts, but also Community and Regional sources, as well as the decisions and orders of the Constitutional Court and government circulars. For a systematic search, monthly and annual indexes are also available which enable the user to identify the act on the basis of the date of its adoption, the number of the measure and the subject matter that has been regulated. The legislative acts of the European Union are published in the "Gazzetta Ufficiale delle Comunità Europee".
The "Raccolta Ufficiale degli atti normativi della Repubblica Italiana", again published by the "Poligrafico dello Stato", contains the texts of Italian legislative measures (set out in order of the number of their insertion in the collection) and it is provided with annual indexes.
The "Bollettini ufficiali regionali" constitute a collection of legislative acts passed by the legislative bodies of the twenty Italian Regions (in Sicily, a Region under a special Statute, the collection is called "Gazzetta Ufficiale"). They collect also general administrative acts, such as "regolamenti".
Private publications are madeup of special periodical journals, which publish legislative material in various forms. They have chronological, numeric and subject indexes and moreuser-friendly tools compared to the "Gazette" and the "Bollettini ufficiali". Withinthis category, we shall only mention Lex. This legislative collection, edited by the UTET publishing house of Turin, contains State legislative acts, parliamentary reports, ministerial instructions, Regional laws and the legislative acts of the European Communities.
II) Tools for consultation which do not contain legislative texts but only references to them belong to the latter category mentioned earlier. From the typological point of view, we can distinguish the publications which are set out in the following:
Digests are made up of special periodical journals containing lists of legislative acts and also "massime" (case law abstracts) and bibliographies relating to legal authority. Usually, these are accompanied by chronological, numeric and subject indexes. The following are among the most widely used: the "Repertorio del Foro Italiano" (Zanichelli, Bologna), the "Repertorio della Giurisprudenza Italiana" (UTET, Turin) and the "Repertorio generale annuale di legislazione, bibliografia e giurisprudenza" (Giuffré, Milan).
Among the Supplementsto Journals, the most important are Legislazionevigente (UTET, Turin), which has an analytical-alphabetical subject index, where the references to the provisions in force are set out, and Legislazioneitaliana (Giuffré, Milan), a digest of state laws currently in force containing state legislative references.
The Appendicesto Encyclopedia Headings, usually provided in order to complete every topic covered, contain information dated at the time the heading was compiled, but they have the advantage of being systematic and authoritative because they are prepared by specialists on the subject. Among the most important legal Encyclopedias, we can mention here: the "Enciclopedia del Diritto", published by Giuffré since 1958, which is currently composed of 52 volumes; the "Novissimo Digesto Italiano", edited by UTET in 65 volumes (Civil, Commercial and Public Law) starting from 1957 and then updated with later volumes; and the "Enciclopedia Giuridica" (38 volumes), published by the "Istituto della Enciclopedia Italiana" up until 1993 and integrated by subsequent volumes of updating.
With reference to legislative sources, the user may sometimes be advised, if necessary, to document him/herself by consulting the Atti parlamentari (Parliamentary Acts) on the so-called "legislator's intent". Knowledge of this intention, in fact, whilst not decisive in the interpretative construction of a provision, may be of great help in understanding its original meaning. Among the Atti parlamentari published, in paper-based form, by the Italian Chamber of Deputies and Senate, the main ones are Proposte e disegni di legge and Bollettino delle Giunte edelle Commissioni parlamentari.
As far as jurisprudential data are concerned, the user gains knowledge about them through a good many tools for their dissemination set out here in accordance with their type.
Journals: Some journals are, exclusively or mainly, specialized in publishing decisions and other judicial measures. In these, each decision is usually preceded by a "column" which identifies, through "Headings" and "Sub-headings", the subject to which it refers (for example, "Sale", "Renting", "Tender", etc.) and by one or more "massime" (case law abstracts) - without any kind of official nature, in that they have been compiled by the editors of the journal itself - which summarize the principle of law stated by the Court and they are, in turn, accompanied by a case note or by references to previous legal literature or jurisprudential cases.
Two monthly journals - IlForo italiano (Zanichelli, Bologna) and La giurisprudenzaitaliana (UTET, Turin) - publish considerable numbers of decisions and other measures issued by judicial authorities of different kinds: Community, constitutional, civil, criminal and administrative case law are divided into special sections. The journal Giurisprudenza di merito is, instead, specialized in the publication of the decisions of the Magistrate's Courts, the Courts and the Courts of Appeal.
"Massimari" (collections of "massime"): Only the "massime" (abstracts) of the decisions of the Italian Supreme Court are published monthly in the following collections of "massime": Massimario della giustizia civile (Giuffré, Milan), Massimario della giurisprudenzaitaliana (UTET, Turin) and Massimario del Foroitaliano (Zanichelli, Bologna).
"Repertori" (Digests): The Digests annually publish only the "massime" (case abstracts) of all the decisions and other judicial measures edited in the Journals and Collections of "Massime", organised in a systematic manner under "headings" and "sub-headings" indicating the journal or the collection of "massime" they have come from. In searching for case law, from the methodological point of view, the Digests are the first tool to consult: after that, the user needs to go back to the journal in whichthe full text of the decision that interests him/her on each occasion is published, for the purpose of being informed not only about the facts of the case on which the Court bases its decision but alsoto verify how exact and congruous the principle of law expressed in the "massima" in the Digest is.
Among the Digests of a general nature, we would like to indicate the Repertorio del Foro Italiano ("Il Foro Italiano" - Zanichelli, Bologna), the Repertorio della giurisprudenza italiana (UTET, Turin), and the Repertorio generale annuale di legislazione, bibliografia e giurisprudenza (Giuffré, Milan). The characteristics of these works are the annual frequency of their publication and the fact that they contain subject indexes, under whose headings the lists of the sources held to be in force are set out, together with the bibliographical details of the different law journal articles published during the year under consideration as well as the "massime" of the decisions, often with references to the Journals where they are published in their entirety. Other indexes of the published case law material include a chronological index and an index of the names of the parties in the legal actions.
One characteristic element which distinguishes "Repertori" (or "Massimari") from law Journals is the fact that, in the former, only the "massime" (case law abstracts) of the decisions are published, whereas the latter also give the text of the decisions of greatest interest, often accompanied by a case note or references to judicial precedents, becoming, in this way, useful supplementary tools. Also, in this case, there are more general and more specialised Journals. Here, it is sufficient for us to provide only some limited information about the former by mentioning Foro italiano (Zanichelli, Bologna), La Giurisprudenza italiana (UTET, Turin) and Giurisprudenza di merito (Giuffré, Milan).
1.3. Legal Authority
There is a very vast amount of scientific material, found in handbooks, encyclopedias, journals, treaties and monographs. Digests and Bibliographies prove to be useful tools for consultation. Also, we must point out that there are various kinds of these tools, both general and specific, taking the shape of appendices to larger works, as in the case of Encyclopedias and legal Dictionaries (as we saw above, in relation to legislative data), or autonomous works. Obviously, Journals are an important tool for documenting scientific output, especially those specializing in the sector in which a user conducts his/her research.
Bibliographical Digests: Among the Digests of a general kind, we must, in the first place, cite the Dizionariobibliografico (Giuffré, Milan), edited by V. Napolitano (1964- 2001). In this work, all the articles, which have appeared since 1865, in the journals examined, are classified on the basis of a special index, as well as law books published since 1964.
Bibliographical Guides: A panorama of bibliographical guides at the international level can be found in the Sistema della bibliografia giuridica.Strumenti e metodi della ricerca bibliografica per la scienza del diritto, published by A. Meloncelli (Giuffré, Milan, 1977). Other bibliographical guides of a general nature are: Introduzione alla ricerca dei dati giuridici, editedby G. Sciullo (Giappichelli, Turin, 1989); DirittoGuide bibliografiche, edited by G. Armani (Garzanti, Milan, 1989); the same author has also written Come si cerca il diritto. La ricerca di leggi, giurisprudenza e letteratura attraverso biblioteche, bibliografie e banche dati. Strumenti e metodi (Maggioli, Rimini, 1990), in which there is a very long list of Italian law journals; A. Meloncelli, Come si cerca il diritto (Maggioli, Rimini, 1990); G. Pascuzzi, Cercare il diritto (Zanichelli, Bologna, 2011).
Dictionaries: We shall only mention some of the more recent: the Dizionario enciclopedico del diritto, diretto da F. Galgano (Padua, CEDAM, 1996); and the Nuovo Dizionario giuridico (Edizioni Simone, 2008).
Encyclopedias: In legal encyclopedias, individual subjects are subdivided into "entries", set out in alphabetical order and containing an extended treatment of the single issues dealt with in relation to the various branches of the law. The Novissimo Digesto Italiano (UTET, Turin), is directed towards satisfying the needs of legal practitioners, while the Enciclopedia del diritto (Giuffré, Milan) has a more markedly theoretical nature. The Enciclopedia giuridica published by the Istituto dell'Enciclopedia Italiana (UTET, Turin), and the Digest, published by UTET in four sections (Discipline privatistiche, Sezione civile; Discipline privatistiche, Sezione commerciale; Discipline penalistiche; Discipline pubblicistiche) are also very important.
2. Sources of Italian Public Law
2.1. Public Law Legislation
2.1.1.The Italian Constitution
The fundamental law of the Italian State is represented by the Constitution, published in a special issue of the Gazzetta Ufficiale della Repubblica on 27 December 1947 and coming into force on 1st January 1948. The text of the Constitution comprises 139 articles and is subdivided into four parts: "Fundamental Principles", "Rights and Duties of Citizens", "Organisation of the Republic" and "Transitional Provisions". The so-called "Transitional Provisions" can be found in 18 articles, all listed with Roman numbers.
Among the English translations of the text of the Italian Constitution, we shall only mention a few here: The Constitution of the Italian Republic. Rules of the Chamber of Deputies (Rome, Camera dei Deputati, Segreteria Generale, 1990); Constitutions of the Countries of the World. Italy, edited by A.P. Blauistein and G.H. Flanz (Vol. IX, Dobbs Ferry, New York, Oceana, 1994). An English translation of the text of the Italian Constitution, revised and updated to 2014, can currently be found in A. Tschentscher (ed.), International Constitutional Law (edited by C. Fusaro). It is a translation, prepared by the International Constitutional Law (ICL), a scientific organisation that also translates other material relating to constitutional documents, providing a series of cross references aimed at enabling a user to easily and rapidly compare texts dealing with the same topic.
The Commentario della Costituzione, in 35 volumes (1975-2006),edited by G. Branca and A. Pizzorusso (Zanichelli, Bologna), is still today the most extensive treatise on Italian Constitutional Law. The most updated publications are: Commentario alla Costituzione, edited by R. Bifulco, A. Celotto, M. Olivetti (UTET, Torino, 2006) and Commentario breve alla Costituzione, edited by S. Bartole, R. Bin (CEDAM, Padova, 2008). With the collaboration of the UTET Giuridica a new online database was realized: the "Commentario alla Costituzione" ("Leggi d'Italia" - Gruppo Wolters Kluwer). The work consists of a thorough study, updated with recent reforms.
After its promulgation, the Italian Constitution was integrated with numerous Constitutional Laws, passed within the period between 1948 and 2016. For a detailed list of the laws amending the Italian Constitution, as well as the articles of the Constitution "etched into" by Constitutional laws, it is advisable to consult the Web site of the Constitutional Court of the Republic of Italy, which can be consulted in five languages (English, French, German, Italian, Spanish), and the website Consulta online. In particular, the Law 23 November 1999, No. 2 introduced in the Italian Constitution the principles of the so called "giusto processo" ("fair trial"), such as the equality of the parts, the cross-examination method, the neutrality of the Court and the reasonable length of the trial. Then, the reform of Title V of the Constitution (Constitutional Law No. 3/2001) left many questions unanswered on a doctrinal and operational level. For many issues, the need was widely felt for legislative regulation laying down proper criteria for fully implementing the reform. In this perspective, the Law 5 June 2003, No. 131 was enacted, on Provisions for the Adaptation of the Legal Order of the Republic to Constitutional Law 18 October 2001, No. 3 (known as the "La Loggia Law").
Among the other more recent innovations, we would like to mention here:
a. Constitutional Law 30 May 2003, No. 1, which amended article 51 of the Constitution and provided the necessary constitutional cover for the enactment of legislative acts aimed at stimulating the participation of women in political life;
b. Law 20 June 2003, No. 140, under which immunity from criminal proceedings was introduced for the highest offices of the State (President of the Republic, of the Chamber of Deputies, the Senate, the Council of Ministers and the Constitutional Court);
c. Law 2 October 2007, No. 1, abolishing the death penalty under the military war's provisions;
d. Law 20 April 2012, No. 1, which introduced the balanced budget principle in the Italian Consitution.
2.1.3.Acts of the Constituent Assembly
The preparatory works on the Constitution of the Republic of Italy deserves separate discussion. The Atti dell'Assembleacostituente were published immediately after the conclusion of the work of the Assembly: three volumes were dedicated to the work of the Commission in accordance with the way it was divided internally (Constituent Assembly and Commission for the Constitution), while eleven volumes collect the debates (Atti dell'Assembleacostituente, Discussioni). The initial proposals and reports presented to the Commission for the Constitution were only edited as "proofs". See also the database created by the Chamber of Deputies.
An index relating to the activities carried out by the individual members of the Constituent Assembly is found in the volume Atti dell'Assemblea costituente,Attività dei Deputati. Only in 1980 an actual analytical index was created (M.C. Grisolia, Indice analitico degli Atti della Assemblea costituente, in Verso la nuova Costituzione, editedby U. De Siervo, Il Mulino, Bologna, 1980), regarding the second edition of the Acts, edited by the Chamber of Deputies in 1970 (La Costituzione della Repubblica nei lavori preparatori dell'Assemblea costituente).
2.1.4.Other Laws of Public Law Interest
Apartfrom the official publications and those of a private nature already mentioned with reference to legislation in general, we can indicate here the various "Codes" of constitutional and administrative laws, comprising collections of more frequently used legislative sources, created by experts in the material in different sectors of interest. These legislative collections are not, of course, to be confused with the six proper Italian Codes, which collect together the fundamental rules in force within the field of civil law, civil procedure, administrative procedure, criminal law, criminal procedure and navigation.
Amongthe most up-to-date texts, we shall only mention here: the Repertorio amministrativo dello Stato, edited by L. Zanobini, published by Giuffré since 1984 and specifically referring to State administrative legislation (the last update was published in 1995, but refers to 1994); the Codice costituzionale ed amministrativo, edited by G. de Vergottini and F.A. Roversi Monaco (Maggioli, Rimini, 1998); Le leggi fondamentali del diritto pubblico e costituzionale, edited by M. Bassani, V. Italia, C.E. Traverso (Milan, Giuffré, 2010); the Codice amministrativo, edited by L. Tramontano (Hoepli, Turin, 2014); the Atlante normativo di diritto costituzionale by M. Carducci with L. Adduci (Giuffré,Milan, 2004); the Codice dell'azione amministrativa, edited by M.A. Sandulli (Milan, Giuffré, 2016); finally, the Codice delle leggi amministrative, edited by A. Pagano (Simone, 2017).The Dizionario di diritto pubblico, directed by S. Cassese (Milan, Giuffré, 2006) is the most extensive treatise on Italian Public Law.
It has to be mentioned even the Digital AdministrationCode (CAD), one of the most important legislative text concerning the implementation of the information society in Italy, introduced by legislative decree no. 82 of 2005, commonly referred to as the "Digital Administration Code", subsequently integrated and amended by supplementary provisions and the corrective legislative decree (d. Lgs no.159 April 2006).
Thanks to the d.lgs No. 104/2010, on 16th September 2010 came into force the so called "Codice del Processo Amministrativo" ("Administrative Trial Code"), which regulates the administrative trial in front of the Tribunali Amministrativi Regionali ("T.A.R.") and the Consiglio di Stato (in second instance). The Code, which was reformed in 2011 with the d.lgs No. 195, has to be considered the sixth Code of the Italian civil legislation.
2.2. Public Law Jurisprudence
Apart from the case law sources mentioned with reference to Italian law in general, we would like to make note of the following among the specialised Digests: the Repertorio delle decisioni della Corte costituzionale, edited by N. Lipari relative to the years 1956-1995 (Giuffré, Milan, 1995), which publishes the "massime" (case law abstracts) of constitutional decisions on the basis of a subject index, an index by article of the Constitution and an index of the provisions subject to judgment, and the Massimario completo della giurisprudenza del Consiglio di Stato (Italedi, Rome, 2004), which publishes an annual volume containing all the decisions of the Italian Council of State, classified by subject matter.
There are many public law journals. These include: Giurisprudenza costituzionale (Giuffré, Milan), which publishes all the decisions and orders of the Constitutional Court, as well as the remission orders to the Court; Il Foro amministrativo (Giuffré, Milan); Il Consiglio di Stato (Italedi, Rome); and I Tribunali amministrativi regionali (Italedi, Rome).
2.3. Public Law Legal Authority
Handbooks: Apart from the encyclopedias and dictionaries we have already cited in the part relating to Italian law in general, institutional handbooks of constitutional, parliamentary and administrative law represent important reference works for learning about Italian public law.
For Constitutional Law, the following are among the most recent and important handbooks: T. Martines (a cura di G. Silvestri),Diritto costituzionale, Giuffré, Milan, 2013; P. Barile, E. Cheli, S. Grassi, Istituzioni di diritto pubblico, CEDAM, Padua, 2016; and G.U. Rescigno, Corso di diritto pubblico, Zanichelli, Bologna, 2014; R. Bin, G. Pitruzzella, Diritto costituzionale, Giappichelli, Turin, 2016; P. Caretti, U. De Siervo, Istituzioni di diritto pubblico, Giappichelli, Turin, 2014; A. Barbera, C. Fusaro, Corso di diritto pubblico, Il Mulino, Bologna, 2016; A. D'Atena, Lezioni di diritto costituzionale, Torino, Giappichelli, 2012.
For Parliamentary Law, reference should be made to: A.P. Tanda, Le norme e la prassi del Parlamento italiano, Colombo, Rome, 1996; A. Manzella, Diritto parlamentare, Il Mulino, Bologna, 2003; L. Ciaurro, V. Di Ciolo, Il diritto parlamentare nella teoria e nella pratica, Giuffrè, Milan, 2013; M.L. Mazzoni Honorati, Lezioni di diritto parlamentare, Giappichelli, Turin, 2005; A. Mannino, Diritto parlamentare, Giuffré, Milan, 2010; N. Lupo, L. Gianniti, Corso di diritto parlamentare, Bologna, 2011; T. Martines, G. Silvestri, C. De Caro, V. Lippolis, R. Moretti, Diritto Parlamentare, Giuffrè, Milan, 2005; S.M. Cicconetti, Diritto parlamentare, Giappichelli, Turin, 2010; E. Colarullo, La rappresentanza politica e le forme di governo, Giappichelli, Turin, 2012.
For an overall but concise view of Italian Administrative Law, the following can usefully be referred to: F. Bassi, Lezioni di diritto amministrativo, Giuffré, Milan, 2008; S. Cassese, Le basi del diritto amministrativo, Einaudi, Turin,1999;and V. Italia, G. Landi, G. Potenza, Manuale di diritto amministrativo, Editori vari, 2002;V. Cerulli Irelli, Lineamenti di diritto amministrativo, Giappichelli, Turin, 2016; D. Sorace, Diritto delle amministrazioni pubbliche. Una introduzione, Il Mulino, Bologna, 2014; F.G. Scoca (a cura di), Diritto amministrativo, Giappichelli, Turin, 2015; G. Corso, Manuale di diritto amministrativo, Giappichelli, Turin, 2017; E. Casetta F. Fracchia, Compendio di diritto amnministrativo, Giuffrè, Milan, 2016; L. Torchia (a cura di), Lezioni di diritto amministrativo progredito, Il Mulino, Bologna, 2012; S. Cassese, Istituzioni di diritto amministrativo, Giuffré, Milan, 2015; R. Galli, Nuovo corso di diritto amministrativo, CEDAM, Padua, 2016; F. Caringella, Manuale di diritto amministrativo, Dike Giuridica, Rome, 2016.
Journals: The main journals in which authoritative contributions in the sector of public law are published include the following: Quaderni costituzionali (Il Mulino, Bologna), Giurisprudenza costituzionale (Giuffrè, Milan), the Rivista trimestrale di diritto pubblico (Giuffré, Milan), Diritto pubblico (CEDAM, Padua), Politica del diritto (Il Mulino, Bologna), Diritto e Società (CEDAM, Padua). From the point of view of the legal history of Italian public law, the work entitled Il Parlamento italiano. Storia parlamentare e politica dell'Italia 1861-1992 (Nuova CEI, Milan, 1988 - 1992) is of great scientific interest.
3. Sources of Italian Civil Law
3.1. Civil Law Legislation
3.1.1.The Civil Code
Thereare several editions of the Civil Code, all preceded by the text of the Constitution. In choosing one edition rather than another, the accuracy of the transcription of the official text, its updating with the later provisions of repealing laws or the amendment of individual articles and with the abrogating decisions of the Constitutional Court and the selection of the main special laws found in the appendix to the Code must all be kept in mind. The most accredited and most frequently updated editions are those published by the publishing houses CEDAM of Padua (Codice civile e leggi complementari), Giuffré of Milan (Codice civile con la Costituzione ele principali leggi speciali) and Zanichelli of Bologna (Codice civile e leggi collegate). There are also editions, in a single volume, which bring together both the Civil Code and the Code of Civil Procedure, or all the main Italian Codes (Civil, Civil Procedure, Criminal, and Criminal Procedure).
We would like to mention here, within the ambit of the series of Hypertext Codes published by UTET of Turin, the hypertext Civil Code on CD-ROM, edited for the same publishing house by G. Bonilini, M. Confortini and C. Granelli, who have, in turn, coordinated more than one hundred authors, chosen among the greatest experts in the various sectors of civil law. The work, published in 2012 and only available on CD-ROM, contains comments on all the articles of the Civil Code updated with the introduction of the most recent legislation and case law. Special attention is paid to the articles of Book V, the object of the recent company law reform, in force since 1st January 2004, including the Ministerial Report by way of explanation and comment.
Commentaries: Furthermore, there are editions of the Civil Code in which, in correspondence to each article, information is briefly given on the main trends in case law and legal authority. Among these, we would only like to mention here the Commentario alCodice civile by P. Cendon (Giuffré, Milan, 2008), the Commentario del Codice civile, directed by E. Gabrielli (UTET, Turin, 2015), and the Commentario breve al Codicecivile, by G. Cian and A. Trabucchi (CEDAM, Padua, 2016).
Preparatoryworks: For a detailed view of civil law matters through knowledge about the preparatory work behind the drafting of the Civil Code, it is necessary to consult the work in six volumes by Pandolfelli, Scarpello, et al., Codice civile (Giuffré, Milan, 1940-'43).
3.1.2.Other Laws of Civil Law Interest
Here, reference should be made to a specialized journal entitled Le nuove leggicivili commentate (CEDAM, Padua), which publishes, on a quarterly basis, a selection of legislative instruments relating to the material, supplementing them with in-depth comments relating to both the laws as a whole and to the individual articles of which they are composed.
3.1.3.Private Collections of Thematic Legislation
Also in the field of private law, there are additions to periodical publications which, under the general name of "Codes", collect together all the legislation relating to specific topics, such as renting ("Code of Renting"), labour ("Code of Labour Laws"), etc.
3.2. Civil Law Jurisprudence
With specific reference to civil law case law, there are Journals and "Massimari", Digests and Reviews, edited by the major Italian publishing houses specialised in this legal domain.
Journals: The following journals contain civil law case law: the monthly journal Giustizia civile (Giuffré, Milan) and the bimonthly journal La nuova giurisprudenza civile commentata (CEDAM, Padua). Other journals specialised by subject matter dedicate a special section to the publication of decisions relating to that subject matter. Wehave set out here a basic list of these journals: Il diritto di famiglia e delle persone (Giuffré, Milan), Il diritto d'autore (Giuffré, Milan), Rivista di diritto commerciale (Nuova Libraria, Padua), Giurisprudenza commerciale (Giuffré, Milan), Le società (IPSOA, Milan), Rivista bancaria (Rome), Banca, borsa e titoli di credito (Giuffré, Milan), Diritto fallimentare (CEDAM, Padua), Il fallimento (Pirola, Milan), Rivista di diritto ipotecario (Giuffré, Milan), La giurisprudenza annotata di diritto industriale (Giuffré, Milan; published annually, contains all the decisions on competition, intangible property and trade names), Rivista di diritto industriale (Giuffré, Milan), Rivista giuridica dell'edilizia (Giuffré, Milan), Rivista del diritto agrario (Giuffré, Milan), Nuovo diritto agrario (Rome), Giurisprudenza agraria (Rome), Rivista di diritto minerario (LaTribuna, Piacenza), Archivio giuridico della circolazione e dei sinistri stradali (La Tribuna, Piacenza), Responsabilità civile e previdenza (Giuffré, Milan), Assicurazioni (INA, Rome), Rassegna di diritto cinematografico (Rome), Rivista di diritto sportivo (Giuffré, Milan).
"Massimari", Digests and Reviews: Here we shall cite the Massimario della giustizia civile (Giuffré, Milan) among the specialised "Massimari" on civil law. Among the Digests, there is the Repertorio della giustizia civile (Giuffré, Milan). The Reviews are characterised by the fact that they contain a logical and systematic description of the case law. Two large works, published in many volumes but still a long way from completion, need to be mentioned in specific reference to civil law matters: Igrandi orientamenti della giurisprudenza civile ecommerciale (CEDAM, Padua) and Giurisprudenza sistematica civile e commerciale (UTET, Turin). La Rassegna di giurisprudenza sul codice civile (Giuffré, Milan) is more concise.
3.3. Civil Law Legal Authority
Handbooks: We will mention only the most important and popular titles: G. Branca, G. Alpa, Istituzioni di diritto privato (Zanichelli, Bologna, 1992); P. Rescigno,Manuale del diritto privato italiano (Jovene, Naples, 1997); A. Trabucchi, Istituzioni di diritto civile (edited by G. Trabucchi, CEDAM, Padua, 2015); P. Trimarchi, Istituzioni di diritto privato (Giuffré, Milan, 2016); A. Torrente,P. Schlesinger, Istituzioni di diritto privato (edited by F. Anelli, C.Granelli, Giuffré,Milan, 2017).
The following works are dedicated to commercial law as a subdivision of private law: G. Cottino, Diritto commerciale (CEDAM, Padua, vols. 2, 1992);A. Graziani, G. Minervini, U. Belviso, Manuale di diritto commerciale (Morano, Naples, 1994); F. Galgano,Diritto commerciale. Le società(Zanichelli, Bologna, 2012); G. Ferri, Manuale di diritto commerciale (edited by C. Angelici, G.B. Ferri, UTET,Turin, 2016).
Instead,the following have labour law as their specific: G. Pera, Diritto del lavoro (CEDAM, Padua, 1980); C. Assanti, Corso di diritto del lavoro (CEDAM, Padua,1981); L. Riva-Sanseverino, Diritto del lavoro (CEDAM, Padua, 1982); G. Mazzoni, A. Aranguren, Manuale di diritto del lavoro (Giuffré, Milan, 1990); F. Mazziotti,Manuale di diritto del lavoro (Editoriale Scientifica, Napoli, 2009); S. Riva, Compendio di diritto del lavoro (Edizioni Giuridiche Simone, Napoli, 2016); O. Mazzotta, Manuale di diritto del lavoro (Cedam, Padua, 2017).
Treatises: Theseare mainly aimed at those practising the law (judges, attorneys, public notaries, etc.), and they are clearly distinguished from handbooks for the greater degree of depth in dealing with the material and, therefore, also for their wider coverage. Within the ambit of the vast amount of literature existing on the Civil Code, we recommend: F. Messineo, Manuale di diritto civile ecommerciale (Giuffré, Milan, vols. 6, but no longer updated after 1962); the Trattato di diritto privato, directed by P. Rescigno (UTET, Turin), and F. Galgano, Diritto civile e commerciale (up-dated by N. Zorzi Galgano, CEDAM, Padua, 2014).
The series of volumes by different authors, organised on the basis of a plan, which provides for overall coverage of the disciplinary area under consideration also belong to the category of Treatises. In this regard, we are able to cite several works of great scientific importance as well as having a considerably broad coverage (although all still remain unfinished): the Trattato di diritto civile e commerciale, directed by F. Corsi, A. Cicu and F. Messineo (Giuffré, Milan); the Trattato di diritto civile directed by G. Grosso and F. Santoro-Passarelli (Vallardi, Milan), and the Trattato di diritto civile directed by F. Vassalli (UTET, Turin). Other Treatises have for their object only some of the specific sectors within civil law, such as the Trattato di diritto commerciale e di diritto pubblico dell'economia, directed by F. Galgano (CEDAM, Padua) and the Nuovo trattato di diritto del lavoro, directed by L. Riva-Sanseverino and G. Mazzoni(CEDAM, Padua).
Commentaries: are distinguished from Treatises in that, being specifically directed towards the needs for interpreting and enforcing the law, they follow, article by article, the order of the legislative text examined. The most widely used work among lawyers practising Italian private law is, undoubtedly, the Commentario del codice civile Scialoja eBranca, directed by F. Galgano (Zanichelli - Il Foro Italiano, Bologna - Rome) and made up of several dozen volumes. Furthermore, we must point out here the Commentario del codice civile directed by E. Gabrielli (UTET, Turin).
Encyclopedias: In general legal Encyclopedias, the single topics of interest to the civil lawyer are also dealt with and subdivided under "headings", set out in alphabetical order and containing a broad treatment of the individual themes being examined. For the main encyclopedias, see those that have already been discussed here in relation to Italian law in general.
Journals: The following journals are among the main Italian private law journals: the Rivista trimestrale di diritto e procedura civile (Giuffré. Milan), the Rivista di diritto civile, which is published bimonthly (CEDAM, Padua), the Rassegna di diritto civile (quarterly, ESI, Naples), the Rivista critica di diritto privato (quarterly, Jovene, Naples), and Contratto e impresa (CEDAM, Padua).
Thereare also numerous journals specializing in specific sectors of private law. Apart from those already cited as also being important for the case law they contain, the following belong to this category: the Rivista delle società (Giuffré, Milan), Diritto del lavoro (Rome), Giornale di diritto del lavoro e delle relazioni industriali (Angeli, Milan), Notiziario giuridico del lavoro (Turin), Rivista di diritto del lavoro (Giuffré, Milan), Rivista giuridica del lavoro (Rome), Trasporti (CEDAM, Padua).
Some other law journals, mainly characterised by their ideological orientation or for their methodological approach, also involve the private law domain, such as Politica del diritto (Il Mulino, Bologna), Democrazia e diritto (Editori riuniti, Rome), Justitia (Giuffré, Milan). Finally, some journals of a legal history nature (like the Quaderni fiorentini per la storia del pensiero giuridico moderno,Giuffré, Milan; Materiali per una storia della cultura giuridica, Il Mulino, Bologna) and sociological kind (like Sociologia del diritto,Giuffré, Milan) are also of interest to the private law scholar.
Monographs: Monographs, usually published as part of a "Series" of specialised publications edited by University Faculties or scientific Institutes, deal in-depth with specific themes within the branch of the law under consideration. Because they are the result of legal research, they play an essential role in setting out in a systematic fashion the problems dealt with on each occasion, proposing paths for investigation and, sometimes, even methods and original solutions. Volumes, which collect together the contributions of more than one author or the Proceedings of Conferences, may also be of a monographic kind, in the sense of referring to a single main topic.
3.4. Intellectual Property Law
According to the common systematics, the intellectual property - its rules and its instruments of protection - is structured in 2 parts: the industrial property and the copyright. The first one protects any kind of inventions, in every field of technology, which are new, involve an innovative step and are susceptible of industrial application (art. 52, EPO - European Patent Convention). The second one safeguards every kind of intellectual creations, regarding music, literature, figurative arts, theatre and cinema, regardless of any form or way of expression (art. 1, Law n. 633/1941).
The regulation of the intellectual property in the Italian system comes from three sources:
1. internal rules
2. international conventional rules
3. EU's rules
As regards the internal rules, the industrial property law is regulated by the Industrial Property Code (d.lgs n. 30/2005). The Code is structured in eight parts and contemplates several kinds of industrial patents and trademarks.
As regards the international conventional rules, in 1973 Italy signed the European Patent Convention and joined the E.P.O. (European Patent Organization). The so-called Münich Convention didn't introduce a unique European industrial patent, but developed - and still offers - unified proceedings to get the national patents regarding the same invention faster.
As regards the EU's rules, we have to distinguish between the trademark regulation and the patent one. On the one hand, the EU introduced a European common regulation of trademarks in 1994. The current regulation of the EU trademark is provided by CE reg. 2015/2424.
On the other hand, any EU's common regulation has come into force yet about industrial patents. Since 2011, the UE's Council started an enforced cooperation about industrial property law and industrial patents in particular. Therefore, reg. 2012/1257 was adopted by the EU's Parliament and Council and the EU's unitary patent protection was introduced. Italy joined the enforced cooperation about the European uuniform patent regulatioon in September 2015.
4. Sources of the Italian Civil Trial
4.1. The Civil Procedure Code
The sources of regulation of the civil trial are:
- the Constitution (artt. 24, 101-113)
- the Civil Procedure Code, which came to force in 1942 and has four parts
- General rules (art. 1-162)
- Trial of examination (art. 163-473)
- Trial of execution (art. 474-632)
- Special proceedings (art. 633-840)
- several other special laws, as regards specific matters
4.2. Further Sources
Several other special laws regulate the Italian civil trial in specific matters. The Civil Code, first of all, contains many rules about the jurisdictional protection of rights (artt. 2907 - 2933). R.D. n. 267/1942, which was modified by D.lgs n. 5/2006, regulates the failure proceedings. Then, Law n. 533/1973, which disciplines job litigation and previdence matters. We can remember Law n. 392/1978 too, about house locations; the Industrial Property Code, D.lgs n. 30/2005; the Consumer Code, n. 206/2005, and the Private Insurance Code, D.lgs.n. 209/2005; then, Law. n. 99/2009, which introduced class actions in the Italian system, and D.lgs n. 28/2010, which established mediation as permanent a.d.r. (alternative dispute resolution). All the just mentioned sources are out of the Code and regulate the Italian civil trial in specific matters.
4.3. The Telematic Civil Trial
The so called Telematic Civil Trial ("Processo Civile Telematico", PCT) is one of the measures that the Italian Government recently developed to get the civil proceedings faster, according to E.U.'s claims. The goal of the PCT is to develop a complete system of informatic instruments, rules and proceedings in order to allow the informatization of the civil trial. After a sperimental phase, the PCT came into force on the 30th of June 2014 and is now running in every Court in the country. As regards the source of regulation of the PCT, we have to refer to L. n. 221/2012, which converted D.l. n. 179/2012. As regards the informatic instruments the PCT is based on, they're essentially these ones:
1) the so called "PEC" ("certified electronic post"), which is an e-mail with legal value;
2) the digital sign, i.e. the common way to identify with legal value the author of an informatic document;
3) the so called "PDA" ("point of access"), which is the informatic platform that allows lawyers and other practicals to deposit jurisdictional acts and documents in the PCT system.
1) the PCT functions include: the notification with legal value of jurisdictional acts;
2) the deposit of jurisdictional acts and documents during a civil trial (all of them, except the introducing ones);
3) the consultation of every Court data about every kind of private litigation (job litigation, civil executive proceedings, etc.).
Since the 30th of June 2014, lawyers have to deposit jurisdictional acts and documents next to the introducing ones only through the PCT system.
5. Sources of Italian Criminal Law
5.1. Criminal Law Legislation
Withinthe sphere of Italian criminal law, on the basis of the "principle of the legislature's exclusive power to create crimes", the legislature is reserved legislative monopoly in the field: sources of criminal law are, therefore, limited only to laws or to acts having the force of law ("nullum crimen, nulla poena sine lege poenali scripta").
As a result, both non-written sources and sources written in a different way from laws or "acts non-comparable to them" are excluded as criminal law sources. With this last expression, we are referring, within the Italian legal order, to so called "material laws", consisting of acts passed by bodies different from the legislature, but having the "force of law". In particular, the term includes: 1) "Delegated Laws" or "Legislative Decrees", enacted by the Government on the delegation of the legislature (Arts. 76 and 77 (1) of the Constitution); 2) "Decree Laws", enacted by the Government under its own responsibility in extraordinary cases of necessity and emergency (Art. 77 of the Constitution); 3) and finally, "Governmental Decrees in Wartime", enacted on the basis of the essential powers attributed by Parliament to the Government during wartime. All the other legislative acts of the Executive (namely, "Regulations" and "Ordinances") cannot constitute Criminal Law sources.
5.1.1."Ordinary Criminal Law": The Criminal Code and the Penitentiary Legal System
The main source of Criminal Law currently in force is the Criminal Code, which was passed under the R.D. (Royal Decree) of 19 October 1930, No. 1398, and came into force on July 1, 1931. It was integrated then by the Co-ordinating and Transitory Provisions (R.D. of 28 May 1931, No. 601) and amended by various legislative measures, among which those introduced (above all in the period between 1975 and 1987) for combating terrorism, subversive activities and the various forms of organised crime are worth special mention. Specific amendments were brought about by the Constitutional Court, in conformity with its recognised powers within the Italian legal order. The Criminal Codeis a pre-eminent part of so-called "Ordinary Criminal Law", in consideration of the fact that most of its provisions apply to all parties indiscriminately.
Apartfrom the Criminal Code, we need to cite the legal system relating to prisons (Law 26 July 1975, No. 354, which substituted R.D. 18 June 1931, No. 787) from which "Prison Law" derives and which increasingly tends to link up to substantive and procedural Criminal Law.
Just as we did for the Civil Code, we would like to draw attention here to the publication - withinthe series of Hypertext Codes by UTET of Turin - of the hypertext Criminal Code edited by M. Ronco and S. Ardizzone, who have, in turn co-ordinated a large group of professors, attorneys and judges. The paper-based work, to which the CD-ROM is appended, is structured as a commentary, in the sense that article by article it offers a very strict and in-depth analysis of the legislative provisions, taking into due consideration the contributions of greatest interest found in the most important legal authority and case law on questions of law and on the merits. On the CD-ROM, it is possible to display through hypertext tools all the "massime" (case law abstracts) of the cited cases and all the legislative references inserted in the comment. In this way, it is easy to carry out an entire series of searches, which also enable the work to be consulted in a transversal way.
5.1.2."Special (or Complementary) Criminal Law"
Amongthe many other sources which give life to so-called "Diritto penale speciale" [Special Criminal Law or Complementary Criminal Law], in the broad sense understood as Criminal Law only applicable to some categories of parties because of their legal capacity or condition in which they are found, the following should be noted:
a) the "Codice penale militare di pace" [Military Criminal Code in Peacetime] and the "Codice penale militare di Guerra" [Military Criminal Code in Wartime] (R.D. 20 February 1941, No. 303), as well as Law 23 March 1956, No 167 and Law 11 July 1978, No. 382, amending the former, which constitute the so-called "Diritto Penale Militare" [Military Criminal Law];
b) Law 7 January 1929, No. 4, having as its object the suppression of breaches of financial laws. This Law, together with D.L. (Decree Law) No. 429/1982, converted into Law No. 516/1982, constitutes the principal source of so-called "Diritto Penale Fiscale" [Criminal Tax Law], which punishes "fiscal crimes", harmful to the financial interest of the State, and for which there are partially different rules from those found in ordinary Criminal Law;
c) D.L. No. 20 July 1934, No. 1400, converted into Law 27 May 1935, No. 835, for the establishment and functioning of the Juvenile Courts, with amendments made under D.L. of 15 November 1938, No. 1208, and by Law 13 October 1965, No. 1771, which constitute the sources of "Diritto penale minorile" [Juvenile Criminal Law];
d) D.P.R. (Decree of the President of the Republic) 27 October 1958, No. 956, regulating road traffic (the so-called "Codice della strada" [Road Code]), amended by Law 26 April 1959, No. 207, and by Law 14 February 1974, No. 62, as well as by Law 3 May 1967, No. 317, on the decriminalisation of the regulations on road traffic (the coordinated text of the "Codice della strada", updated with the modifications introduced by Law 23 March 2016, No. 41, D.L. [Legislative Decree] 16 December 2016, No. 257, D.M. [Ministerial Decree] 20 December 2016 and, lastly, by D.L. [Law Decree] 24 April 2017, No. 50 can be viewed, in hypertext, at the address < http://www.studiocataldi.it/normativa/codicedellastrada/>);
e) the "Testo Unico delle Leggi di Pubblica Sicurezza" Consolidated Law on Public Safety (R.D. [Royal Decree] 18 June 1931, No. 773, with amendments under D.L.L. [Legislative Order] 10 December 1944, No. 419, and Law 27 December 1956, No. 1423, which continues to survive despite attacks by the Constitutional Court and bills to reform it.
5.1.3.Other Laws of Criminal Law Interest
Amongthe numerous laws in which criminal regulations can be found, apart from the Civil Code itself, we shall only mention the Royal Decrees 14 December 1933, No. 1669, 21 December 1933, No. 1736, 15 December 1990, No. 386 (on promissory notes, cheques, etc.), the R.D. 16 March 1942, n, 267 (on bankruptcy), which constitute the sources of so-called "Commercial Criminal Law"; the "Code of Navigation" (R.D. 31 January 1941, No. 327); the "Consolidated Law on Customs" (D.P.R. 23 January 1973, No. 43); the "Law on Hunting" of 5 June 1939, No. 1016 (amended by Law 2 August 1967, No. 799); the "Law on Fishing" of 8 October 1931, No. 1604; the "Consolidated Law on Public Health" (27 July 1934, No. 1265); the "Law on the Press" of 9 February 1948, No. 47; the D.P.R. 9 October 1990, No. 309, on drugs; Law 20 February 1958, No. 75, on prostitution; Law 2 December 1967, No. 895, and Law 18 April 1975, No. 110, on arms; Law 9 October 1967, No. 962, on genocide; the Law on corporate and authorities criminal liability (D.Lgs. No. 231 of 2001); the Law on corporate crimes (D.Lgs. No. 61 of 2002); the so-called "Anti-Mafia Code" (D. Lgs. No. 159 of 2011); the recent Laws of depenalization (D. Lgs. No. 7 and No. 8 of 2016), as well as the Laws on social insurance, on health and safety at work, on consumer protection, on pollution, on the termination of pregnancy, on urban planning, on taxation, on secret societies, etc.
5.2. Criminal Law Jurisprudence and Legal Authority
Journals: Within the sphere of criminal law case law and legal authority, we shall only point out here some of the main Italian journals dealing specifically with the subject matter, noting that many of them take into consideration not only case law and legal authority, but also legislation on the matter. The bimonthly journal Archivio della nuova procedura penale (La Tribuna, Piacenza) covers both legislation and case law and legal authority, not only within procedural criminal law but also substantive criminal law, criminological sciences and forensic medicine; Archivio penale (ESI - Edizioni Scientifiche Italiane, Naples), during the fifty years of its existence (1948-1998), as a "quarterly publication on special and comparative criminal law, procedure and legislation" has also had as its object the analysis of both legislation and case law and legal authority relating to the matters indicated here. The monthly journal Diritto penale e processo (IPSOA, Milan), the monthly journal La Giustizia penale (Rome), the journal L'Indice penale (CEDAM, Padua) published every four months, the Rivista penale (monthly, La Tribuna, Piacenza), the Rivista penale dell'economia (quarterly, E.S.I. - Edizioni Scientifiche Italiane, Naples) and the Rivista trimestrale di diritto penale dell'economia (CEDAM, Padua) have the same type of coverage.
The monthly journal Cassazionepenale (Giuffré, Milan), the quarterly journal Critica penale (Panozzo Editore, Rimini) and the Rivista italiana didiritto e procedura penale (quarterly; Giuffré, Milan) also contain legal authority and case law on substantive and procedural criminal law, as well as criminological sciences and forensic medicine. The journal La Legislazione penale (UTET, Turin), instead, deals with legal authority and legislation, but not with case law.
The following journals have an even more specific thematic approach, within the sphere of criminal law materials: the journal Rassegna penitenziaria e criminologica (Istituto Poligrafico e Zecca dello Stato, Rome), the Rivista dipolizia (published monthly by the publishing house Aracne Editrice - Rome, it deals with legal authority, legislation and case law, within the field of criminal law, criminological sciences, forensic medicine and administrative law) and the Rivista giuridica di polizia (bimonthly, Maggioli, Rimini).
Handbooks: Among the most recent and authoritative handbooks on criminal law, we shall only mention the following here: R. Garofoli, Manuale di diritto penale, Giuffré, Milan, 2006; F. Antolisei, L. Conti, Istituzioni di diritto penale, Giuffré, Milan, 2000; F. Antolisei, Manuale di diritto penale, Parte generale (revised by L. Conti), Giuffré, Milan, 2003; Id., Manuale di diritto penale, Parte speciale I (edited by L. Conti), Giuffré, Milan, 2002; Id., Manuale di diritto penale, Parte speciale II (edited by L. Conti), Giuffré, Milan, 2003; A. Pagliaro, G. Tranchino, Istituzioni di diritto e procedura penale, Giuffré, Milan, 2000; G. Marinucci, E. Dolcini, Manuale di diritto penale, Giuffré, Milan, 2015; P. Tonini, Manuale di Procedura penale, Giuffré, Milan, 2016; F. Mantovani, Diritto penale. Parte generale, CEDAM, Padua, 2015; D. Pulitanò, Diritto penale, Giappichelli, Turin, 2009; G. Fiandaca, E. Musco, Diritto penale. Parte generale, Zanichelli, Bologna, 2014.
6. Sources of the Italian Criminal Trial
The sources of the Italian Criminal Trial are essentially three:
1. The Italian Constitution (1948): it contains several articles which are relevant in the criminal trial, such as artt. 24, 25, 27, 111 and 112;
2. The Criminal Proceeding Code: it was published in 1988 and replaced the 1930's Code and radically innovated the Italian criminal trial. In particular, it introduced the accusatory principles, in substitution of the inquisitory ones, and the separation between the inquiring and the judging functions;
3. The international sources: one should distinguish the European ones from the others. The European sources can be identified in the European Convention for the protection of Human Rights and Fundamental Freedoms (E.C.H.R.), entered into force in 1953, and in the EU acts regarding the Criminal Justice Cooperation (artt. 82 - 86 T.F.E.U.).
B. Online Italian Legal Information: Portals, Search Engines, Guides, Sites of Legal Interest
Like search engines or directories, portals appear, from a certain point of view, to be in contradiction with the philosophy of the Internet. Their objective is, in fact, to structure and to give a hierarchy to information in a world characterized by nets and a horizontal nature.
In fact, it is not very easy to give an exhaustive definition to a term which is currently much abused 1 and which includes sites with very different features under the same label. The closest definition we have been able to find is the following: "a portal is an online editorial product which plays the role of a preferential access point to the Web for users and which provides them with the information resources, personal communication services and tools with which to localize and reach the online contents and services they commonly need".2
Portals are generally divided into two large sub-classes:
· horizontal (or generalist) portals aimed at an undifferentiated user group, with a variety of contents ranging over all kinds of knowledge (e.g., Yahoo!, Lycos and, in Italy, SuperEva and Virgilio);
· vertical portals (also called "Vortal" or "Niche Portals"), aimed at a well-defined user group and focused on specific sectors (for example, for the Law: Normattiva, among institutional portals; FiloDiritto and IusSeek among private portals).
By adopting an arbitrary but currently used nomenclature, we cite the following typical terms and expressions:
· "Search Tools": we have already indicated search engines and directories;
· "Channels": thematic sections through which each portal organizes the information;
· "Services": mailing lists, newsgroups and forums, lists of links to sites of interest, often divided by category, collaborations (through sending of articles, proceedings, papers and theses), online advice, reviews, surveys, reports, FAQ, chat, online courses;
· "Utilities" (secondary services): found in a very large number of portals, aimed both at professionals in specific sectors (e.g., staying within the legal domain: software for notaries, public registers, Court fees, calculation of legal interest, notes of registration on a roll, monetary revaluation, Chamber of Commerce searches, Land Registry searches, checks of VAT numbers, calendar of Court hearings, domicile elections), and simple users (such as forms of every type, looking for and offers of work or property rents/sales, automatic translations, encyclopedias, glossaries for company searches, Euro-converters, questionnaires, price lists, sending SMS free-of-charge, bank codes, information regarding tax codes, calculation of road tax, property tax, VAT code, maps, weather reports, traffic, latest news, railway timetable, highways, underground railways, airports, phone books, telephone codes, yellow pages, postal codes, hotel searches, TV programmes, finding films at the cinema and so on);
· "Customization Systems": through which the user creates a customized version of the portal's interface. 3
1.1. Institutional Portals
Among the Institutional Portals, an important place should, undoubtedly, be attributed to the following sites:
"Linea Amica": "Linea Amica" (Friend Line). The Public Administration at the service of the citizen. The "Linea Amica" portal offers the citizen a point of contact with the Public Administration, while at the same time providing a valid support tool and a basic knowledge base. This goal is pursued by ensuring a high level of usability (easy navigation within the portal and quick retrieval of the requested information) and accessibility (both in terms of structure and content, in compliance with Law No. 4/2004). As regards the portal structure, each area has precise categories of sections and / or services. In the front page of the website we will find the logo of the Linea Amica service and the logo of the initiative promoter Ministry (the Ministry for Public Functions and Innovation). The central area of the website is articulated on multiple levels and has dynamic content and different functions depending on the section the user chooses to access.
In the first level, there are the online Help Desk service to help users navigate within the portal and news related to the Public Administration. News that are considered relevant for a continuous updating of the citizen are provided through various channels, such as Textual News and Radio "Pubblica Amministrazione amica" News.
In the second level, the following functional blocks are displayed: "Ask an expert" to contact the Linea Amica Contact Center; "I'm looking for answers", to navigate between citizens' Questions and Answers; "I access services", to access P.A.'s new online services; "I am a citizen" to be informed about new digital rights; "Addresses of P.A.", to consult the list of P.A. Integrated Portal Addresses; "Maps of P.A." to view the addresses of various public offices on a map; "Data and Applications" to access the Open Data Portal and P.A.'s Smartphone App; "Tell us how", to actively participate in improving P.A.'s services, sending complaints, opinions and suggestions.
Figure 1: Home Page of the Portal "Linea Amica"
Agenzia per l'Italia Digitale: The "Agenzia per l'Italia Digitale" (Agency for Digital Italy, abbreviated AgID) is an Italian public agency set up by the Monti Government. It is subject to the powers and responsibilities of the Prime Minister or of the minister he delegates and is responsible for ensuring the achievement of the objectives of the Italian Digital Agenda in coherence with the European Digital Agenda. It carries out the functions assigned to it by law in order to pursue the highest level of technological innovation in the organization and development of Public Administration at the service of citizens and companies, respecting the principles of legality, impartiality and transparency and adopting efficiency, economy and effectiveness criteria.
The Agency incorporates and inherits the competences previously assigned to the "Agenzia per la diffusione delle tecnologie per l'innovazione" (Innovation Technology Dissemination Agency), DigitPA and the "Dipartimento per l'innovazione tecnologica" (Technology Innovation Department) of the Presidency of the Council of Ministers. According to the Statute, which was approved in February 2014, the Agency's aims are: a) to ensure ICT coordination of the State, regional and local administration with the aim of designing and monitoring the strategic evolution of the Public Administration information system; b) to pursue the optimization of public expenditure in computer science by monitoring current expenditure and supporting public, national and local administrations; c) to carry out the tasks necessary to fulfill the international obligations assumed by the State in the matters of its competence; d) to promote digital innovation in the country and contribute to the creation of new knowledges and to the dissemination of new economic, cultural and social development opportunities, by collaborating with European, national and regional institutions with similar aims, and by stipulating strategic agreements; e) to issue guidelines, regulations and standards; F) to promote computer literacy initiatives for citizens.
AgID is working to implement the Public Administration Catalog of Services. In this Catalog will be documented all the services of the Administrations so as to be able to increase the potential of information and communication technologies in the relation between P.A., citizens and companies. SPID (Public Digital Identity System) was implemented to access such services. This is a new log in the system that allows citizens and companies to access by means of a single digital identity, from multiple devices (computers, tablets, smartphones) to all online services of Public Administrations and adherent companies. With SPID, the dozens of passwords, keys, and codes that are currently in use will no longer be needed. The SPID identity consists of credentials with different characteristics depending on the security level required for access.
Figure 2: Home Page of the Portal "Agenzia per l'Italia digitale"
1.2. Private Portals
FiloDiritto: having been born in 2001, this is one of the most recent sites in the legal domain. It is very rich, well organized and useful not only to the lawyer but also to the citizen. The simplicity of its interface increases its appeal.
This Web Site, one of the best Italian legal Web resources, has been deeply modified whether graphically or from the point of view of the contents. Actually, the HomePage is divided into ten areas: Video, Articles, News, Guides, Books, Headings, Journals, Events, Proceedings and App.
Relevant tags and related legal materials are indicated for each video. From the HomePage we can consult a large database (over one hundred "Matters") containing statutes, sentences, articles of legal literature and praxis in relation to Private Law, Commercial Law, Social Law, Obligations and Contracts Law, Labour and Security Law, Privacy Law and Civil Liability, New Technologies Law, Information and Communication Law, etc. Furthermore, there are the "New Codes": Environmental Code, Digital Administration, Private Insurance, Cultural Heritage, Bankruptcy, Consumer, Equal Opportunities, Privacy, and Industrial Property. From items that identify individual subjects, we can access the relevant Articles, News, and Videos. The Guide section contains works that are free of charge, generally of information nature, relating to topical issues, both of general and specialist interest.
News are related to the latest significant decisions of legislative, judicial and administrative bodies, recent articles of legal literature, news about Courses and Conferences, reviews of famous ancient literary works of legal interest.
From the HomePage it is possible to register at the Newsletter, to contribute to the Website, and to acquire information about the Website Editorial Staff, Scientific Committee and Authors.
Figure 3: Home Page of the Portal "FiloDiritto"
IusSeek: IusSeek.com, IusSeek.eu, IusOnDemand.eu, RicercaGiuridica.com are Websites coordinated among them so that to be able to offer a series of integrated services to the user.
The original Website, one of the main portals for lawyers, defines itself as "a legal newspaper, search engine and portal, but - above all - a community". Created by "IusOnDemand it is furnished with various and sophisticated tools for research, amongst which a search engine with a proprietary database, exclusively dedicated to the Law.
With reference to the different branches of the Law the user finds "Segnalazioni", "Documenti" and "Servizi". "Segnalazioni". In this section there are indications, news and recommendations regarding, in particular, Civil Law, Criminal Law, Administrative Law, Insurance Law and Fiscal Law. "Documenti". This section contains: a) "Leggi" ("Laws"), including and "Leggi scelte" ("Selected Laws") ; b) "Libri" ("Books"), i.e. book reports with description, table of contents, summary and price; c) "Sentenze" (decisions of the Constitutional Court and of the Court of Cassation, besides selected Court Decisions; d) "Codici" ("Law Codes") containing Cultural Assets Code, Insurances Code, Civil Code, Consumer Code, Communications Code, Industrial Property Code, Code of the Road, Privacy Code, Bankruptcy Code, Consolidated Act on IVA - Tax on Value-Added. "Servizi innovativi". New technologies for legal information distribution: eBooks, search engine for news in Internet, newsagent, interactive digital television, mobile phone, podcasting, intelligent tools for online legal information retrieval, personal notes sharing, electronic documents tagging.
Moreover, the "Community" section contains: a) "Commenti" (comments and newsletters on sentences and legal questions of general interest); b) "Forum" (managed by lawyers for lawyers and citizens: experts present their considerations with regard to legal matters of generale character); c) "Selected Links" (a large number, subdivided by subject matter and type: around fifty categories of Websites, relating to Environmental Law, Civil Law, Criminal Law, Administrative Law, Insurance Law, Fiscal Law, Public Institutions, Private Citizens, Courts, Court Decisions, Laws, Law Journals, Law Libraries, Lawyers, Search Engines, etc.); d) "Mailing List" (only for specialists in Civil Law).
Inside the Website the user can search numerous databases, free of charge and with fee (Court Decisions, Laws, decisions of the Constitutional Court and of the Court of Cassation, Law Codes, Official Journals, and Databases on Administrative Law, Insurance Law, Fiscal Law and Internet Law). Finally, it is possible to take advantage of specialized services corresponding to personal needs and to ask that specific software products are developed (it is available also a Dictionary of the Internet terms).
Figure 4: Home Page of the Portal "IusSeek"
Dirittosuweb.com: This website features "Insights" (legal literature articles of comment to statutes and judgments) and lists of Websites organized by subject, with reference not only to the major branches of Law (Civil, Criminal, Administrative, International), but also to specific issues of Copyright and Internet Law. Inside the Portal, an online consultancy service and a newsletter are also available.
Figure 5: Home Page of the Portal "Dirittosuweb.com"
2. Search Engines
Cicerone: proposed by the journal/portal "Diritto e Diritti", in its first version it was a sui generis tool, because, while defining itself as a search engine, it did not allow the user to search by terms but only by the document references; furthermore, it did not act autonomously (that is, on its own index) but on the indexes constructed by other search engines to which it addressed the suitably adapted search string, then gathering the results. In other words, it behaved like an intermediary between users and the real search engines. Subsequently, the Journal created a new version which constituted a proper search engine. "Cicerone" is worth remembering because it is one of the few private search engines which are available free of charge within the legal domain.
The old version's interface allows a simple and intuitive query of legal documents (acts, administrative orders, sentences, decrees), using two of the most important international search engines, Metacrawler and Hotbot. In the new version of "Cicerone", the query is a free text one; the user can look for more terms connected by the Boolean operators simultaneously. The result will be a list of the websites which include the searched terms in a juridical context. The search can relate to statutes, decrees and judgments in both Italian and French Law. In particular, for Italian law it is possible to search for Collective Labour Agreements.
Figure 6: Home Page of the Search Engine "Cicerone"
Scireleges: created by Giuseppe Corasaniti (Legal Informatics Labortory - Informatics Department, Università "La Sapienza", Rome), it allows an intuitive query of open free web resourches. The consumer can use terms or numerical references, connected by the boolean operators. The query can be refined using "canali" ("channels") which are focused on Italian websites of legal interest.
Figure 7: Home Page of the Search Engine "Scireleges"
IusSearch: IusSearch is based on Google's "Personalized Search" system. Its goal is to allow the user to find documents, information and legal contents on the web. The legal sources and web-sites are strictly selected. IusSearch gives the opportunity to use further search engines realized in the same project (IusSearch Tribunali, IusSearch Consumatori and IusSearch Quotidiani). In the IusSearch menu, Google Books and Google News specific search engines were also integrated.
Figure 8: Home Page of the Search Engine "IusSearch"
RicercaGiuridica (Legal Research): This website constitutes a free guide to legal research in the Web. It includes, in addition to the main up-to-date Codes, legal decisions in full text, extracts from decisions of the Court of Cassation, Official Gazettes and lists of legal websites.
Figure 9: Home Page of the Search Engine "RicercaGiuridica"
Infoleges: Infoleges is much more than a "legislative meta-search engine", as it's defined. It's truly a huge legal on-line database. It holds billions of documents concerning EU's legislation, State and Regional legislation, and even EU's and Italian jurisprudence and collective contracts. A section is specifically dedicated to Italian legal literature. Infoleges is realized in cooperation with ITTIG (Istituto di Teoria e Tecniche dell'Informazione Giuridica, scientific partner) and Be Smart (IT company, tecnical partner).The project involves the Presidenza del Consiglio dei Ministri (Presidency of the Council of Ministers), the Libraries of Camera dei Deputati (Chamber of Deputies) and Senato (Republic Senate), the "Autorità garante della concorrenza e del mercato" (Italian Antitrust Authority), almost fifty Italian Universities and F.A.O. Italian Legal Office. It's a very important search engine, which is basically realized for Universities and Public Administrations.
Figure 10: Home Page of the Search Engine "Infoleges"
Specialized Search Engines: Those include for example Civile.it (which is focused on Private Law matters and includes specialized databases, software, video, social, etc.); Penale.it (specifically realized for Criminal Law); Amministrativo.it (which regards Administrative Law); dirittodautore.it (which regards legislation, judgments and every kind of legal information about Copyright Law).
Law Web Guides are principally consulting instruments. Many of institutional sites and online reviews contain them.
Guida al Diritto ("Il Sole 24 ore"): Linked tothe newspaper "Il Sole 24 ore" -Italian political, economic and financial newspaper, founded in 1885 - constitutes a complete legal information system in print and online. It deals with all the major branches of the Italian Law by providing news, articles, judgments, documentation, databases, forms, tools and services (including the calculation of the biological damage and the full text of judgments).
Figure 11:Home Pageof theGuide "Guida al Diritto - Il Sole 24 ore"
Diritto Italia (Italy Law): Realized by the Istituto di Teoria e Tecniche dell'Informazione Giuridica (ITTIG) of the Italian National Research Council (CNR), "Diritto Italia" is a database which identifies references to materials and information of legal and administrative interest, existing on Italian Websites. The database, last updated on November 2002, is organized in documentary units corresponding to the individual types of material taken into consideration; as a result, each site may appear in more than one survey form according to the richness of the documentation possessed. The survey form contains a lot of information in order to orient the user in retrieving the data he/she is interested in. The information relates to providers, access (free-of-charge or for a fee), the type of material (Laws, Jurisprudence, Legal literature, etc.), the ambit (national, regional, European Community, etc.), the documentary unit (full text, references, etc.), the manner in which the data is presented (list, database), whether there is a search engine or not, and the date of the survey.
Three solutions have been prepared for those wishing to carry out a search:
· two groups of "pre-packaged" searches: one relating to every single category of providers and the other to each type of material;
· a "direct search", which allows the user to use one or more terms combined with the available operators, functioning on the level of the entire form;
· a "guided search" with a query form that is divided into free or menu-based search fields, with already explicit values.
"Diritto Italia" represents an example of methodology. Actually the "Diritto Italia" database is not up-to-date; in fact, the principal purpose of the project was to provide a model of document research and retrieval on the Web, hoping that other operators go on with this kind of enterprise. It is right to point out that the updating of these Guides is crucial for their efficiency since URLs and contents of the Websites continually change, while the cooperation process, that is at the base of the Web philosophy, is still now disregarded.
Figure 12: Home Page of the Guide "Diritto Italia"
Documentazione di FontePubblica in Rete (DFP - "Public Source Documentation on the Web"): is a very reliable guide, developed by the Associazione Italiana Biblioteche (AIB - Italian Libraries Association) with the objective of providing a support for Italian librarians and documentalists, so they would be able to orient themselves in identifying public information available on the Web. DFP is a structured list of Italian Internet resources, which makes public information available, focusing special attention on legislative information and legal information in general; it is also integrated with the discussion list of the Italian AIB-CUR (Italian Libraries Association - Research University Center) librarians,in the sense that it gathers reports transmitted on that list.
The DFP is a very selective directory that points out websites but, above all, resources that often are not in evidence in the HomePage of the public sites. DFP is organized in three sectors:
1) General Documentation: Official Gazettes, Official Bulletins of the Regions, general collections of legislation, lists and services of legislative amendments, jurisprudence files, services updating jurisprudence, general statistics, legal information websites;
2) Sectoral Documentation: with an especially thorough selection, given the very large number of potentially relevant resources. Public bodies are prevalent (each sector presents one or more national body of reference), but there are also private and commercial sites when they give information of a public source available;
3) Digest of public sites: constituted by a simple list of URLs relating to public institutions subdivided into wide categories. The bodies are represented up to the level of the Region. For Provinces, Municipalities and other local bodies, reference is made to already existing digests.
In particular, the DFP tends to highlight: aggregation points of resources already online; relevant databanks, above all when hidden inside the websites (administrative acts, procedures, projects, statistical data, organization charts, etc.); online journals of information and updating inside the public sites; set of documents produced by various corporate bodies; newsletters of information and updating for glossaries users, guides to the online search in specific sectors; single documents of remarkable and enduring interest; websites that have a very strong character of "best practice".
Figure 13: Home Page of the Website "DFP"
Associazione Italiana Biblioteche (AIB-Web) - The AIB is the professional association of Italian librarians. Founded in 1930, AIB is the only general library association in Italy, the only national association member of IFLA (International Federation of Library Associations) and by far the oldest and largest association in this field in Italy. The site provides information about libraries and pertinent services (online catalogues, calendars of events, inventories in the field of training and labour, directories of products and services, discussion groups). The "Internet Guide" section - that contains directories of Italian and foreign (English, in particular) Guides, Hand Books, News Bulletins, Forums and Mailing Lists - is worthy of pointing out since it gives useful suggestions on how to use Web research tools (search engines and meta-engines) in the right way. Every Web resource is described by means of a form containing its name, URL, and a brief description.
Figure 14: Home Page of the Website "AIB-Web"
4. Sites of Legal Interest
Apart from these resources aimed at retrieving legal material and access to the sources of Italian law, there is now a great variety of institutional or private online sites, structured as portals rich in information and services.
4.1. Parliament, Government and Ministries
With the premise that not only the websites of Parliament and Government, but also those of all Government Departments can be found on the Web, we shall only concentrate on those we consider worthy of special attention.
4.1.1. "Parlamento Italiano" (Italian Parliament)
This is the official Website of the two Houses of the Italian Parliament: the Chamber of Deputies and the Senate of the Republic.
Enriched in the contents and renewed in the graphics, this Website aims to represent an informative resource of easy and intuitive access to the life of the parliamentary institution. Through the home page the citizen can not only reach the sites of the Chamber of the Deputies and the Senate of the Republic, but can also directly consult the most remarkable results of the joint activity of the two Chambers, as the approved laws or the joined activities of the bicameral bodies, besides the international activity of the Italian Parliament. A specific area of the site concerns the "Polo Bibliotecario" (Parliament Library Pole) and its services, first result of the effort of the two Chambers to empower the information and search tools at the disposal of the parliamentaries and all the citizens, overcoming at the same time duplications and inefficiency. The "Piattaforma Costituzionale" (Constitutional Platform) represents the product of a common job in order to furnish support of training for all the Italian schools.
The site contains a database of Italian normative acts of primary range (laws, law decrees and legislative decrees, starting from 1996) which can be searched in chronological order, by type and by subject matter, based on the TESEO 4 classification system. For every law number and date of publication (with the link to the corresponding text), title, subject, publication details and a summarizing table of the relative parliamentary iter (from which it is possible to access the texts of the preparatory works) are furnished. Furthermore, for the enabling acts a details table supplies the list of the single dispositions of delegation and the relative implementation decrees. The most requested laws, decrees approved but not promulgated or published, and decree laws under way to be converted in law can also be retrieved. There is also a database of legislative decrees (which implement delegated laws, EC Directives, or special Statutes) that can be searched on the server of the Chamber of Deputies through a search engine.
As already specified, the site of Parliament is divided into two sectors: The Chamber of Deputies and the Senate of the Republic.
Camera dei Deputati (Chamber of Deputies): The website is structured in 7 sections: "Conoscere la Camera", "Deputati e Organi", "Lavori", "Documenti", "Europa", "Internazionale" e "Comunicazione". Apart from providing information about its role, the work underway, as well as initiatives and events, the Chamber of Deputies furnishes latest news and press releases. The users of the Website have direct access to various sections: "Relations with the citizens", "Italian Public Administration", "Italian Constitution", "Regulation of the Chamber", "Laws and Bills", "Direction and Control Action", "Official Records of the Sessions", and "Previous Legislatures". Especially important are the following databases: Acts of Guidance and Control, Regional Laws, Professional Databases, Not Legislative Activity, Parliamentary Debates (in uncut version), Amendments, Pollings. The database concerning the Parliament direction and control action allows the data related to questions, interpellations, motions, decisions, agendas, both of the Chamber of Deputies and the Senate of the Republic, to be searched and retrieved. In this new version, the database substitutes the earlier database, known as "Sindacato ispettivo" ("Inspecting Parliamentary Action"). The following are its characteristics: the user-friendliness and intuitive nature in the use of the database of regional laws which contains all the laws in full text of the Italian Regions and Autonomous Provinces from their constitution. The original nucleus, entirely realized by the Chamber of Deputies, was made available on the Web through the joint efforts of the Chamber of Deputies, the Supreme Court of Cassation and the Regional Councils. Since 1998, the legislative texts have been directly supplied by the Regions and the Autonomous Provinces. Normative references of the laws are provided by the Supreme Court of Cassation, while the Library of the Chamber of Deputies takes care of the overall management and updating.
Senato della Repubblica (Senate of the Republic): Il sito comprende 6 sezioni: "L'Istituzione", "Composizione", "Lavori del Senato", "Leggi e documenti", "Attualità" e "Relazioni con i cittadini". Beside providing information about its role, members, work, documents and latest news, the Senate of the Republic site provides an entire section of the website is completely dedicated to the texts which are submitted under Parliament consideration: bills, points of order, motions.
4.1.2. "Governo eMinisteri" (Government and Ministries)
Above all, it is necessary, in relation to the sites of the Ministries, to underline that they constitute an important source of information for the legal and administrative worlds. As we have already mentioned, each Ministry can be found on the Web with its own site, often divided into several sectors, starting with the Prime Minister's Office, which not only provides more general information and services, but also gives news about the course of Government provisions.
In nearly every case, the sites of the Ministries are presented as Portals with a variety of very important information and services.
As regards the reform process which is now operative in Italian Public Institutions, you can consider the so called "Ministri senza portafoglio", who don't have indipendent financial powers: Affari regionali, Riforme Costituzionali e Rapporti con il Parlamento, Semplificazione e Pubblica Amministrazione.
The "Ministry of the Economy and Finance" (MEF) consists of four Departments: Dipartimento del Tesoro (DT), Dipartimento Ragioneria Generale dello Stato (RGS), Dipartimento Amministrazione Generale, del Personale e dei Servizi (DAG), Dipartimento delle Finanze (DF). The MEF homepage, contains information on the structure and role of the Ministry, and provides information about the Taxation Agencies, the CIPE, the Administration of State Monopolies, and the like, and a list of links - organized by type - to institutional sites. The DF homepage is divided into numerous sections (see G.U. No. 150, 1° July 2009).
Besides press releases, dossiers on specific subjects and guides, studies and fiscal statistics, exchange rates, forms, due dates for the payment of taxation, online taxation, journals and in-depth studies, the documentation sector offers a database of taxation documentation prepared by the "Centro Ricerche e Documentazione Economica e Finanziaria" (CeRDEF - Economics and Finance Documentation and Research Center) containing tax legislation enacted after the reform of 1972, also prior legislation if still in force, European Community legislation, administrative practices (circulars, resolutions, press releases) produced by the Financial Administration for the interpretation and proper enforcement of the legislation, and finally the Italian and European Community Jurisprudence on taxation including the opinions of the Advisory Council for the application of the anti-evasion rules. It also offers a useful sector relating to services, including a guide to the services of the Departments, the calculation of road tax, the duplication of the Tax Code, information on taxation commissions and so on. It also contains a list of sites organized by type and a software sector on fiscal, cadastral and customs matters.
The Ministry of Justice site is structured in 10 sections regarding the Ministry organization and functions, and the description of the basic institutional activities. The "Strumenti" section contains a selection of national and international legislation and recent cases, besides a map of judicial offices, flowcharts of the Ministry departments and offices, applicative itineraries and forms for the practice.
4.2. Organs and Bodies of National Importance
Of particular importance in this sector are the sites of the independent Authorities and security and supervisory Commissions: "Autorità garante della concorrenza e del mercato - A.G.C.M." (Antitrust Authority); "Autorità Nazionale Anticorruzione - A.N.AC." (before known as"Autorità per la vigilanza sui contratti pubblici per lavori, servizi e forniture" (Public Works Vigilance Authority); "Autorità per le garanzie nelle comunicazioni - A.G.COM" (Broadcasting Authority); "Agenzia per l'Italia Digitale - AgID" (since 2012; "Autorità per l'Informatica nella Pubblica Amministrazione - A.I.P.A." since 1993 up to 2003; "Centro Nazionale per l'Informatica nella Pubblica Amministrazione - CNIPA" (National Centre for Informatics in the Public Administration) since 2003 up to 2009; "Ente Nazionale per la Digitalizzazione della Pubblica Amministrazione - DigitPA" dal 2009 al 2012); "Commissione di garanzia sull'esercizio del diritto di sciopero" (Commission Guaranteeing the Exercise of the Right toStrike); "Autorità garante per la protezione dei dati personali"; "CONSOB - Commissione Nazionale per le Società e la Borsa" (Companies and Stock Exchange National Commission); "Autorità per l'energia elettrica, il gas e il sistema idrico"; "Istituto per la Vigilanza sulle Assicurazioni - IVASS" and "Autorità garante per l'infanzia e l'adolescenza" (since July 2011). These sites generally set out the legislative framework of reference, provisions, recommendations, and give a wide variety of documentation.
Other national bodies should also be kept in mind: ACI - "Automobile Club d'Italia" (Automobile Club of Italy), ANAS - "Ente Nazionale per le strade" (National Authority for Roads), Banca d'Italia (Bank of Italy), ISTAT - "Istituto Nazionale di Statistica" (National Statistics Institute), CONI - "Comitato Olimpico Nazionale Italiano" (Italian National Olympic Commettee), INPS - "Istituto Nazionale della Previdenza Sociale" (National Social Insurance Institute), "Camere di commercio" (Chambers of Commerce), "Istituto Poligrafico e Zecca dello Stato" (State Polygraphic Institute and Mint), ARAN -"Agenzia per la Rappresentanza Negoziale delle Pubbliche Amministrazioni" (Representative Agency Competent for Collective Bargaining in the Public Administrations).
Among the websites listed above, particular attention can be paid to the site of Istituto Poligrafico e Zecca dello Stato and the ARAN. The "Istituto Poligrafico e Zecca dello Stato", which is in charge of printing and distributing (also with computer-based tools) the Official Gazette and other State publications, offers the user the possibility of accessing free-of-charge the last 60 Gazettes and, through the Ispolitel-Guritel services, makes its many databases available for a fee: Guritel (Official Gazette), Comitel (Commercial Databases), Albitel (Professional Rolls), Cetel (Official Journal of the European Community), Concorsi (Public Competitive Examinations), Publitel (Publications of the Public Administration), Farmatel (Pharmaceutical Databases), Tributi (Taxation Database) and Supplements.
The ARAN - "Agenzia per la Rappresentanza Negoziale delle Pubbliche Amministrazioni" (Agency for the negotiation of Public Administrations) offers not only events and news but also consultation of the Databases of National Collective Agreements and of Ordinances.
4.3. Local Authorities and Civic Networks
The website includes a list of all the Italian Regions and of their websites.
We would also like to mention the "Conferenza delle Regioni e delle Province autonome" (Conference of the Regions and Autonomous Provinces); ANCI - "Associazione Nazionale dei Comuni Italiani" (National Association of Italian Municipalities); ANCITEL - "Rete dei Comuni Italiani" (Network of Italian Municipalities); UNCEM - "Unione Nazionale Comuni Comunità Enti Montani" (National Union of Mountain Municipalities, Communities and Bodies); UPI - " d'Italia" (Union of Italian Provinces); AICCRE - "Associazione italiana per il Consiglio dei d'Europa" (Italian Association of the Council of European Municipalities and Regions).
4.4. Courts and Judicial Offices
The site of the Italian Constitutional Court not only provides useful information about the offices and the judges of the Court starting from 1956, monthly reviews, press conferences and the legislative framework of reference, but it also enables the user to search the Court Decisions, the "Massime" (abstracts of the Court's sentences) since 1956 and the Doctrinal Comments. Other sections of the website are: Case Law, Archive, News, International Relations, Foreign Constitutional Courts and Relationship with the citizens.
On this matter it is, however, helpful to refer to another site, because it is more complete and managed by the same official site, namely "Consulta online" Constitutional Court online, co-ordinated by Pasquale Costanzo, whose database stores all the Court's decisions and orders dating from 1999. A search may be carried out on the details of the decision, by key words or through the terms which the parties, the Court or the subject matter dealt with may refer to. The decisions are in full text. In the part dedicated to "Sources", the legislative framework is set out and, in the part dedicated to "Research", the user is able to participate in a public "Forum". It should also be noted that there is a large number of links to Constitutions and Constitutional Courts throughout the world.
The "Giustizia Amministrativa" (Administrative Justice) site is devoted to the "Consiglio di Stato" (Council of State), the "Consiglio di Giustizia Amministrativa per la Regione Siciliana" (Council of Administrative Justice for the Sicily Region) and the TAR - "Tribunali Amministrativi Regionali" (Regional Administrative Courts). It has a database containing the decisions of the Council of State and the Regional Administrative Courts (including the Regional Court of Administrative Justice situated in Trento and the Autonomous Division for the Province of Bolzano). On this site, the user can generally find, with some exceptions, decisions published after October 2000, and the most important opinions dating from September 2000.
The sites of the "Consiglio Superiore della Magistratura" (Superior Council of Judges), the "Giustizia tributaria" (the taxation tribunals, Regional and Provincial Taxation Commissions), the "Giustizia Militare" (Italian Military Justice system), the "Corte dei conti" (Auditor's Court) and many peripheral judicial offices (Courts, Public Prosecutor's Offices, Courts of Appeal) are also online.
4.5. European Institutions
We can mention for instance here the portal of the European Union, accessible in twenty-four languages, provides the user with a great deal of documentation on what the European Union is, how it functions, and how to live and interact with it.
4.6. Universities and Research Bodies
All Italian Universities and public and private Law Faculties have sites on the Web, containing a great deal of information and documents and with many services for students. We can just refer here to the website of Ministero dell'Istruzione, dell'Università e della Ricerca and to the one of Centro Studi Orientamento
To get general information about Universities, their structures and Faculties, the user can search the online database Cerca Università, or else he/she can search through a special form by using various parameters (University, Faculty, Region or key words).
Here, we shall look, as an example, at the Faculty of Law of the University of Catania, which presents interesting initiatives online, such as Labour Web, a virtual documentation centre on the evolution of Labour Law, industrial relations and the social State in the European Union, and at the Faculty of Law of the University of Trento, which hosts The Cardozo Electronic Law Bulletin, the first European University electronic journal.
With regard to Research Institutes, we feel obliged to mention the Istituto di Teoria e Tecniche dell'Informazione Giuridica (ITTIG - Institute of Legal Information Theory and Techniques) of the Consiglio Nazionale delle Ricerche (CNR - Italian National Research Council) born in 2002, following the rationalization process of the network of the CNR Institutes, which, among other things, lead to the unification of the "Istituto per la Documentazione Giuridica" (IDG - Institute for Legal Documentation) and the "Centro di Studi sul Diritto Romano e Sistemi Giuridici" (CSDRSG - Centre of Studies on Roman Law and Legal Systems).
The databases and the guides to which users have free of charge access are especially important in this context. In particular, these include the following.
Current updated ITTIG online databases:
· DoGi - Dottrina Giuridica Italiana (Italian Legal Literature database). Steering Committee: Elisabetta Marinai (coordinator), Sebastiano Faro and Ginevra Peruginelli; Editorial board: Tommaso Agnoloni, Sara Conti, Elisabetta Marinai, Giuliana Marrani. Currently this database contains over 420.000 bibliographical documents with abstracts of articles published in Italian legal periodicals;
· DoGi - Collettanee: abstract of essays published on collective works;
· VIPD - Diritto e Disabilità (Independent Life for Persons with Disabilities: european, national and regional legislation, jurisprudence and case law of interest in the field of the independent life of persons with disabilities), edited by Raffaello Belli;
· Biblioteca ITTIG (Catalogue of the ITTIG Library: Law and Legal Informatics monographs and periodicals);
· IS-LeGI - Indice Semantico del Lessico Giuridico Italiano (Semantic Index of Italian Legal Lexicon), active from 2008;
· Biblioteche giuridiche (Italian Law Libraries), Libraries of legal interest in Italy, information and catalogues;
· Disabilità(Disability); websites of interest in the field of disability, active from 1996.
· Circolari del CNR (Circulars and other Directives of the Italian National Research Council); from January 2012 these documents are available on the website.
Currently not-updated ITTIG online databases:
· APAM - Atti delle Pubbliche Amministrazioni (acts of the Italian Public Administration); the database holds a selection of acts, deeds and documents developed by the Italian Public Administration, edited since 1988 to 2002;
· BIG - Bibliografia sull'interruzione della gravidanza e sul diritto alla vita in generale ("Bibliography about the pregnancy termination and the right to life"), edited by Mario Fameli since 1970 up to 2011;
· BIGA - Bibliografia Giuridica dell'Ambiente (Legal Bibliography on the Environment): active from 1975 up to 1995;
· DAUE - Recepimento in Italia delle Direttive Ambientali dell'Unione Europea" (Transposition in Italy of the European Environmental Directives, until 1997);
· DoGiS - Dottrina Giuridica Straniera (Foreign Legal Literature. Index of foreign legal periodicals: TOCs of foreign legal periodicals about Human Rights, European Law, Information and Communication Technologies and Law (since 2000 up to 2009);
· ITLaw - Information Technology and the Law. An International Bibliography (since 1996 up to 2003);
· STOP - Stampa d'opinione (abstracts of legally important contributions published in the press from 1975 to 1993).
ITTIG Law Guides:
· Diritto Italia (Italy Law): database of references to online legal and administrative material, edited by Mario Ragona, Loriana Serrotti, Fiorenza Socci e PierLuigi Spinosa; updated since 1998 up to 2002);
· ELIOS - Environmental Legal Information Observatory System: edited by Elio Fameli, last updated on 2011.
4.7. Professional Orders, Associations and Trade Unions
Cassa Nazionaledi Previdenza e AssistenzaForense (National Pensions and Assistance Fund for Lawyers) provides a valuable guide in the search for organizations and associations of lawyers, as well as a national list of lawyers registered on the roll.
As regards Political Parties and Trade Unions, a useful site is Termometro Politico. Tutti I numeri della politica (Political Barometer. All the instruments of Politics), which also has numerous links to the sites of Italian and international Political Parties.
The website CNF - Consiglio Nazionale Forense (National Bar Council) puts the Forensic Deontological Code online and enables the user to retrieve, through the jurisprudence related to the CNF, opinions, circulars, events, the Bar's activities, proposals, the history of its members, the calendar of Court sittings and annual reports. It also provides information, reviews and lists of sites of interest for lawyers. A particular attention is dedicated to the evolution process which is regarding the Italian legal profession nowadays, which is confirmed by the new Italian Forensic Order, introduced by Law No. 247/2012.
The CNN - Consiglio Nazionale del Notariato (National Council of Public Notaries) is divided into various subject headings, rich in information: "L'Impresa" (The Business), "La Casa" (The House), "La Famiglia" (The Family), "RAN - Rete delle Aste Notarili"(Network of notary's auctions), "Avvisi Notarili" (Notary's Notices), "Vendite Pubbliche Notarili" (Notarial Public Sales).
A specific attention is dedicated to the presentation of the notary's position in the present society ("the Public Notary": who he/she is, the cost of notarial deeds, studies of the Italian Notary Profession, Public Notaries and information technologies, etc.), and to the private citizens' activities which are juridically relevant ("Private Parties": buying a house, loans, gifts, successions and wills, the family),"Non Profit Organizations" (recognized and non-recognized associations, foundations, legal persons, committees, charities), "Companies" (the general characteristics of a company, the contract, types of companies, taxation aspects, enterprises), "Training" (the State - Public Notary relationship, notarial procedures, schools for notaries, the open examinations for notaries, their appointment and the exercise of the profession), and "News" are further relevant sections of this website. A database of different kinds of documentation including legislation is also online. There is also a service on how to find a public notary, studies and research, conferences and congresses, guides and handbooks.
ANM- Associazione Nazionale Magistrati (National Association of Judges): founded in 1906, most of the Italian judges on active service joined this association. It is a founding member of the "International Association of Judges".
OUA- OrganismoUnitario dell'Avvocatura Italiana (Unitary Organism of the Italian Bench and Bar) represents the structure - direct emanation of the National Bar Congress - where all the institutions and bar associations converge for the purpose of expressing the thoughts of the Bench and the Bar on all the most important issues relating to the Justice and the legal profession, whilst respecting the autonomy of each component. The site provides online information about Congresses and Conferences, documents, news, reviews and press releases, and many articles.
AIGA- AssociazioneItaliana Giovani Avvocati (Italian Association of Young Lawyers): in the various sections of the website the structure of the Association is illustrated, the main activities carried out or planned are described and multiple specialised services (handbooks, forms, specialized issues, press releases, news) are provided.
U.N.C.C. - Unione Nazionale delle CamereCivili (National Association of the Territorial Civil Chambers) presents a list of the Territorial Chambers and information about Conferences, Links, Members' Pages, and News.
U.C.P.I. - Unionedelle Camere Penali Italiane (Union of the Italian Criminal Chambers) is the official site of the Italian Criminal Chambers; it contains analitic information about the structure and the composition of the Union and of the Chambers organs, and holds documents and news about Criminal Law.
Consulta perla Giustizia Europea deiDiritti dell'uomo (Council for European Justice on Human Rights), set up on June 13, 1986, has the purpose of making the professional and cultural associations of lawyers and judges in Italy aware of the instruments for protecting human rights, guaranteed by international rules, in particular, the procedural rules for presenting individual cases before the European Court of Human Rights, in Strasbourg, in order to denounce violations of the European Convention on Human Rights which may have been committed by the Italian State.
A.I.C.- Associazione Italiana deicostituzionalisti (Italian Association of Constitutional Lawyers) originates out of the initiative of a group of experts and aims "to encourage in-depth research into Constitutional Law and the methods for teaching it, promoting and co-ordinating both meetings between experts and common research". The A.I.C. is a member of the International Association of Constitutional Law; the relative site not only presents a newsletter but also debates, news, materials (including conference proceedings, the European Constitutional Convention, legislative acts, special measures, forecasts about the future, and bills), new publications, and a list of Italian and foreign links of interest.
4.8. Private Initiative Sites
"Iusimpresa - Osservatorio bibliografico del Diritto dell'economia" ("Bibliographical Observatory of Economic Law") is a bibliographical observatoryon the world of the economy, which can be searched in six languages (Italian, English, French, German, Spanish, and Portuguese). Its objective is to offer a rapid, complete and user-friendly tool which, on the basis of a selection made at the source, provides (with updating made possible through the availability of the material) the bibliographical details of legal literature regarding the Law of Economics, published since January 2001. Three types of search for documents are available: basic search, advanced search, and keywords search; moreover, it is possible to search the case notes. The main idea is to realize a "transversal collection" of legal and technical data in order to monitor the many "branches" of the law (Civil Law, Administrative Law, Banking Law, Labour Law, Commercial Law, Criminal Law, European Community Law, etc.). Not only the section dedicated to news is interesting, but also the section regarding books, which - thanks to the publishing houses permission - enables users to browse summaries and tables of contents.
4.9. Publishing Houses
The following is a list of publishing houses specialized in the legal sector.
Leggid'Italia Professionale, again for a subscription fee, offers the user numerous online databases including "Le Leggid'Italia" ("Laws of Italy") with the text of Italian legislation in force and co-ordinated jurisprudential notes of decisions of all the Italian Higher Courts, organized by summaries, legal literature of distinguished jurists and historical texts, "I codici d'Italia" (Codes of Italy: Civil Code, Criminal Code, Code of Civil Procedure, Code of Criminal Procedure, Code of Navigation, Code of Military Procedure in Peacetime, Code of Military Procedure in Wartime), "La prassi delleleggi d'Italia" (Procedures of the Laws of Italy), "Il Diritto Comunitario" (European Community Law), "Le Leggiregionali" (Regional Laws), "Enti locali"(Local Authorities), "Diritti dei Minori" (Minors Rights), "Fisco online" (Online Tax), and many others, as well as the catalogue, various services and a newsletter.
The new "Leggi d'Italia" website is structured in four sections. Each one of them is dedicated to a different target of users: Central and Local Public Administrations employees; Lawyers, Judges and Corporate Counsels; Notaries; Business consultants and Companies. Moreover, customized libraries, online training courses, and various specialized newsletters are available. Finally, a further innovation is the "Leggi d'Italia Mobile" system, which allows the user to play the search engine even on smartphones and tablets.
The Publisher "Giuffré" Network includes Databanks (DeJure, Publica, Notaio, Proprietà intellettuale), Thematic portals (Avvocato, Commercialista, Consulente del lavoro, Magistrato, Medico legale, Notaio), Electronic journals (Giustiziacivile.com), Websites (Avvocati.it, Diritto e Giustizia, Guida Avvocati, Percorsi), E-books, Vocational training and Specialized software. In particular, DeJure is a complete, customizable and up-to-date online legal information system that allows the user to have a smart and targeted search of relevant information on the topic of interest. The Giuffré catalogue, which is also available in a CD-ROM version and online, currently contains thousands of titles with an annual increment of hundreds of new units. Giuffré also publishes about fifty law journals. The online catalogue is updated daily with data on all the volumes published, both those currently on the market and those in print in the past.
Il Sole24 ore, largely dedicated to the world of the economy, makes an important contribution to the legal sector. It provides services, texts, periodicals and many offline and online databases which are distributed against payment of a subscription fee.
The following are among the most important services in the legal sector:
Lex24 constitutes to be the legal-legislative database of "Il Sole 24 Ore", which the user can search either on the Internet or on DVD-ROM; through it he/she can retrieve, quickly and in an intuitive way, all the Legislation in its current form, with the Jurisprudence referring to it, the Notes taken from professional journals and the Questions of the "Answers from the Expert" column. The database of "Lex24" is in constant evolution; it can be searched at any time and is updated in real time on the basis of the latest amendments taking place daily. In particular, with regard to the legislation, it makes the following available to the user:
· State laws and decrees published in the Official Gazette from 1860 up until today in their current form;
· the Civil Code, Criminal Code, Code of Civil Procedure, Code of Criminal Procedure, Code of Navigation, Road Code, Code of Military Procedure in Peacetime, Code of Military Procedure in Wartime, together with their implementing provisions;
- European Community Law: decisions, directives and regulations of the European Community, issued before and after the Treaty on the European Union signed in Maastricht on 7 February 1992, which have been received into the Italian legal order;
- Regional Law: a wide selection of provisions passed by the Regions constituted under ordinary or special Statute and the Autonomous Provinces, published in the Official Bulletins since 2002;
· Judgments of the Authorities;
· a wide selection of judgments of the Constitutional Court, the Civil and Criminal Divisions of the Supreme Court of Cassation, the Council of State, the main lower Courts and the European Court of Justice;
- a review of the Notes taken from the professional journals of "Il Sole 24 Ore" ("Guide to the Law", "Legislative Guide", "Guide to Local Authorities", "Guide to Employment", "Company Law and Practice", "Environment and Security", "The Building Industry and Land Use", etc.);
- the questions of citizens and the replies of experts taken from the column in "Il Sole 24 Ore" entitled "Answers from the Expert";
· finally, there is a special section which contains the latest News regarding legislation or News selected and commented on by the Editors.
Specific sections regard very important topics, such as family, job, companies, real estates, responsbility and reparation, the mediation and the telematic civil trial.
Guidaal Diritto (Guide to the Law) offers subscribers of the weekly of the same name the possibility of navigating free-of-charge in the site, in order to search:
· the "Massimario" (Collection of the Courts' judgments summaries): database which collects together the Courts' judgments summaries published in the journal from 1994 until today;
· the Four Codes of the "Guida al Diritto", structured in the same way as in the paper-based volume and available in PDF format, with all the legislative amendments and updates and questions of constitutional legitimacy occurring throughout the year and in-put in real time;
· the periodical newsletter: produced by "Lex24", weekly and/or monthly with the most important news about legislation and jurisprudence;
· the "Guida al Diritto" also enables the user to display the weekly issue in advance with respect to the paper-based copy.
IPSOA, for a subscription, makes available to the user a large number of databases of legislation, jurisprudence on Taxation, Company Law and Labour Law available on the Web. It also furnishes numerous online services, such as the "Quotidiano giuridico", which offers every day prompt and influential updates to lawyers, judges and notaries; the on-line commented versions of the Civil Code and the Civil Trial Code; expert advices in legal and fiscal matters.
Simone contains useful services (mailing list) and a great deal of information. The catalogue made available by the publishing house enables the user to consult the electronic cards relating to over one thousand published volumes. Simone allows its users to search its Law Codes free-of-charge: Constitution, Civil Code, Criminal Code, Code of Civil Procedure, Code of Criminal Procedure, annotated and explanatory Treaties of European Community, as well as a large number of Dictionaries (Roman Law Dictionary, Italian-English Legal-Economic Dictionary, Accounting and Finance Dictionary, Dictionary of Canon and Ecclesiastical Law, Dictionary of Political Philosophy, Dictionary of Psychological Sciences).
Zanichelli provides documentation, catalogues and services, which are also generally offered by the best publishing houses specialized in the legal field. The Catalogue, which can be downloaded in PDF, holds codes, handbooks and legal literature texts. A monthly legal Newsletter is also available online.
UTET - UnioneTipografica Editrice Torinese provides a multimedia online catalogue which the user can search in full text. The "Utet giuridica" section holds databases, juridical journals, books and codes.
The publishing houses CEDAM, UTET and IPSOA recently joined together to offer to the users one only product, called "Pluris online". It holds juridical journals, hyper-textual codes and UTET's database and Digesto.
4.10. Online Law Journals
· Diritto & Diritti ("Law and Rights"), historically one of the first to appear on the Web and also one of the richest, having officially come into being in 1996. Today, the documents search can be developed through a list of the principal legal matters, highlights, topical issues, the most important legal sources (legislation, case law, legal literature) and indexes which direct the users to the websites where they can find legislation, jurisprudence, and administrative acts. The Utilities section contains free downloadable documents, forms and formularies, books and services which can be useful for jurists, such as cadastral certificates, company registrations and various kinds of online expert advisories. Finally, this site provides a Newsletter giving the user updated information.
· IusSeek - as we have already mentioned in the section devoted to "Private Portals" (§ B - 1.2.), this site describes itself as "a legal newspaper, search engine and portal but, above all, a community".
· The Cardozo Electronic Law Bulletin was established in 1995 as one of the world's first Law Journals on the Web. It is peer-reviewed English and Italian language journal concerned to provide an international forum for academic research exploring the threesholds of legal theory, judicial practice and public policy, where the use of a "comparative law and literature" approach becomes crucial to the understanding of Law as a complex order. Apart from containing a series of important articles and contributions, it presents the annotated Italian Civil Code, the Italian Constitution, and lists of Italian and international sites. Regarding the years 1995 to 2014 the Index by volume and issue (Table of contents) and the Index by subject matter are provided.
The following can be listed among the typically specialized journals:
- InterLex is an electronic journal of Law, Technology and Information, among the most prestigious within the Italian panorama on the Web, with many articles of legal literature, organized by subject matter through a chronological and systematic index, from 1997 up to 2017.
- Forum costituzionale The "Forum di Quaderni costituzionali" is the telematic section of "Quaderni Costituzionali". In the "Giurisprudenza" ("Law Cases") section comments on the main decisions of the Constitutional and Supreme Courts are available. The "Papers" section hosts real essays. In the section "Temi di attualità" ("Current topics") are provided comments about constitutional law topics currently under discussion among scholars and public opinion. The section "Euroscopio" presents updated abstracts of the main decisions released by the European Court of Human Rights, sorted by topic. The "Telescopio" section makes available comments on foreign current topics in the public law field. Finally, in the "Autorecensioni" Authors can report their new monographs, indicating the relative data.
- Italian Journal of Public Law is the first Italian Law Journal entirely published in English. It was established in 2009 by a group of Italian scholars based in several Italian Universities, with the encouragement and support of scholars from other countries.
- Osservatorio sulle fonti is dedicated to deepen the theme of the system of the sources of Law. The website contains "Rubriche", "Saggi", "Note e Commenti" e "Novità editoriali". Within the "Rubriche" section the International and European Union Member States legal sources were also included.
- Federalismi is a journal focused on Italian Public Law, Comparative and EU Law.
- Astrid was born in 2001 to contribute to the spread of democratic and reformist culture and to the debate on the reinvention of government institutions, public policies, administrative systems and economy regulation in the context of globalization and European unity. As a foundation established in 2009 by scholars from various political and cultural backgrounds, Astrid operates mainly through seminars and workshops whose outcomes consist of researches, analysis and proposals. The topics of discussion include: governance, reform of international organizations and European institutions, the constitutional and electoral reforms, the modernization of Public Administration, the liberalization of local public utilities, the reform of local and regional policies for quality of regulation and simplification.
- Italian Labour Law e-Journal, founded in 1999, is a journal which falls within the sphere of interest which basically coincides with that of the site Italian Labour Law Online, where it is to be found: Italian Labour Law, in the traditional sense including industrial relations, employer-employee relations, and social security law, from their domestic and international viewpoints as well as international and comparative Labour Law. The back issues of this journal go from 1999 to 2007.
- Gnosis Online is the journal of "intelligence and professional culture", the first issue of which was published in 1995, originated with the objective, amongst other things, of introducing new forms of communication inside and outside SISDe - Servizio per le Informazioni e la Sicurezza Democratica ("Italian Intelligence and Security Service"). The archive includes the issues from 1995 to 2016. This service ran until 2007; in that year, it was replaced by "AISI" ("Agenzia Informazioni e Sicurezza Interna" - Agency for Information and Internal Security). It also portrays itself as a qualified place for reflection and in-depth study, unique in the Italian editorial panorama, on issues related to intelligence and national security. The Journal publishes essays, forums, interviews, articles, curious historical anecdotes, book reviews and bibliographical notes, reports of interventions by important persons from the world of politics, culture and the institutions. It has also edited a full and systematic collection of the Italian and foreign documentation in the sector (reports of parliamentary and governmental organs, bills regarding intelligence bodies, legislation and jurisprudence of interest). The Journal also publishes the proceedings of the numerous cultural initiatives promoted by the Training School of the "Italian Intelligence and Security Service".
- Diritto & Questioni pubbliche - Rivista di Filosofia del Diritto e cultura giuridica (Law and Public Questions - Journal of the Philosophy of Law and Legal Culture). The journal publishes online essays about law, philosophy and anthropological sciences. In addition to the last number essays, there are many further sources available for the user, such as the "Recensioni e discussioni" section, a historic archive which contains all contributions published from 2001 to 2016 and lots of links to online law journals, foreign and Italian Universities and Public Administrations.
- Studiumfori is a journal that deals with Tax Law, Lease and Condominium Law, Family, Administrative Sanctions, and Forensic Deontology.
- Jei-Jus e Internet, online since 1996, this website calls itself as "the first press service online for legal operators". It is divided into several sections including: Legal Informatics, In-depth Legal Studies, Case Law News, and Editorial Suggestions. Privacy and Copyright Law are the main thematic areas.
- Lexambiente (Environment Law) was born in 1998 with the aim of spreading environmental information through the Web. This journal is rich in information, case law and legislation on the environment contributing to the discussion on this topic. It has also a Newsletter, which keeps users up-to-date on what is happening in the field.
4.11. Law Libraries
Many libraries, especially if they are of considerable importance, like University libraries, have transformed their catalogues into databases, usually making them available to the user free-of-charge. These catalogues come under the name of OPACs (Online Public Access Catalogues). OPACs represent a valuable source of information, enabling the user to retrieve information from his/her computer and allowing him/her to identify where the volumes can be found quickly and in more than one library. There are now also groups of these under the same organization which has created collective catalogues or MetaOPACs.
For a full search on the OPACs and MetaOPACs we suggest:
- SBN online is the "Servizio Bibliotecario Nazionale in linea" (National Library Service online). The SBN OPAC is the collective catalogue of over 6.000 Italian Libraries (belonging to the State, the Regions, public and private Institutions, and Universities), which have joined the "National Library Service". It is a network of Italian Libraries created by the "Ministero dei beni e delle attività culturali e del Turismo" (Ministry for Cultural Heritage and Tourism) in collaboration with Regions and Universities. Currently, it provides access to the bibliographical news, which are periodically downloaded from the databases of the SBN Index: Modern Book, Antique Book, Music, Graphics, and Cartography. At present, the catalogue contains about 16 million bibliographical descriptions and over 85 million locations.
- Italian OPACs (Online Public Access Catalogue) Directory of the AIB ("Associazione Italiana Biblioteche" - Italian Libraries Association). The MAI ("MetaOPAC Azalai Italiano") service, suspended from 2015, was finally reactivated in March of the current year thanks to the technical collaboration with the CNR. It allows the user the cumulative query of the catalogs and provides exhaustive lists of Italian Libraries, divided by type (Public Libraries, State Libraries, Ecclesiastical Libraries, School Libraries, University Libraries, Research Institute Libraries and other Libraries) and, within the same type, by geographical coverage.
- The Guide to "Biblioteche giuridiche" (Italian Law Libraries ), created by the ITTIG - "Istituto di Teoria e Tecniche dell'Informazione Giuridica" of the "Consiglio Nazionale delle Ricerche" (Italian Research Council), is also worth mentioning because it includes the reporting of 216 websites, but is updated only until 2014.
C. Italian Legislation, Jurisprudence and Legal Authority on the Net: Institutional Websites, Off-line Databases, Mailing Lists and Newsgroups
1. The "Normattiva.it" (Italian Legislation on the Net) Project
The "Norme In Rete" - NIR (Italian Legislation on the Net) Portal, the major institutional portal for Italian and Community legislation, has been replaced by the "Normattiva.it". The initiative falls within the framework of the reform of the Italian Public Administration aimed at guaranteeing transparency and simplification in its relationship with citizens. Since March 2010, the release date for free and open consultation, the database was progressively fed and updated in "multivalidity" mode with the entire Republican legislative body published from 1946 to today, and with the body of law of the Monarchical era, published from 1936 to 1945. It is also possible to consult, in original version, the normative acts published in the Official Gazette from 1933 to 1935. At the same time, several improvements were made to the consultation system in order to make it easier and easier to use than the first released version.
Figure 16: Home Page of the "Normattiva" documentation system
The Normattiva system is based on the use of innovative technologies for the creation of reliable, free and full information system on Italian laws, in this way implementing Article 107 of Law no. 388 of 2000. The database includes primary and secondary legislation together with circulars and some relevant administrative orders.
Two search options are given to the user: "simple search" and "advanced search". The former allows users to search for legislation by indicating the following information: day, month, year, number, words in the title and/or text. By selecting this option user can search the documents in the database and display the full text or part of the text (section or articles) in the version applicable at the date of consultation. The "advanced search" enables more complex queries allowing the user to utilize his/her specific legal knowledge indicating day, month, year, number, type of act (laws, decrees, and regulations), words in the title, and words in the text and publication period.
The database is continuously updated and the Project is still in progress. In the next future the user will be able to carry on conceptual retrieval and to search for legislation by utilizing EUROVOC descriptors. In a logic of growing coordination and convergence of all institutions, the website <www.normattiva.it> is the central nucleus around which the unified service/portal for legislative information available to citizens will be built over the next few years.
2. The "Suprema Corte di Cassazione" (Italian Supreme Court of Cassation) Databases
The Italian Supreme Court of Cassation was a pioneer in the sector: through its "Centro Elettronico di Documentazione" - CED ("Electronic Centre of Documentation") it created for the first time a system that can be evaluated as the best, on a European level and even on a global level, for the mass of documentation and for the features of its information retrieval system. The service was already activated in the early 1970's, but only for a limited number of Courts. From 1980 onwards there was a gradual incrementation and consolidation of the system and definition of the access modes, provided free-of-charge for the Central Administrations and against payment for other user groups.
Access to the consultation of the databases is regulated by Law (D.P.R. 21 May 1981, No. 322, modified by D.P.R. No. 759/1985; D.P.R. No. 195/2004; D.P.R. No. 7/2006). The new documentary retrieval system in the database of the Supreme Court, called "ItalgiureWeb", has become available on the Internet.
The users can access the website and its data just connecting to this address; so the system can be used as any other website. However, at present, the possibility of consulting the system is reserved only for users who have the right to link up free-of-charge and it will be come into effect through a gradual release, organized by categories. Moreover, only for a few years you can consult all the civil and criminal judgments of the Court of Cassation free of charge. The service is free, does not require any registration and is accessible to everyone at the following link. The search can be done according to three specific criteria: a) by number and year of the measure; b) by keywords; c) by regulatory references. After the search, you can get the PDF file of the judicial measure by clicking on the title of the result; by clicking on the description below the title, you get instead the textual copy of the sentence. The site is also accessible from smartphones or tablets, although a mobile friendly version is not yet available.
In particular, in the field of European Community legislation we have EURLEX: Documentation relating to European Union regulatory texts (Treaties, Regulations and Directives), drawn from the EU CELEX archive. The documents are indexed and redrafted in order to become compatible with the Italgiure System.
In the field of national and regional legislation there are:
· CODICI: current text of a) the Italian Constitution; b) the Civil Code; c) the Code of Criminal Procedure approved under D.P.R. 22 September 1988, No. 447; d) the implementing, co-ordinating and transitional provisions of the Code of Criminal Procedure (D.LG. 28 July 1989, No. 271); e) the regulations bringing into force the Code of Criminal Procedure (Decree 30 September 1989, No. 334); f) the new Highway Code (D.LG. 30 April 1992, No. 285); g) the regulations bringing into force and implementing the new Highway Code (D.P.R. 16 December 1992, No.495);
· LEXS: full text of the legislative measures and only the title of measures of strictly administrative kind published in the Official Gazette from 1971 up until now;
· LEXR: full text of the legislative measures of the Regions both under ordinary and special statute published since 1947.
In the field of national and Community jurisprudence there are:
· COSTMS: "massime" (judgments abstracts or headnotes) of the rulings of the Constitutional Court;
· COSTSN: rulings of the Constitutional Court;
· COSTPEND: remissions to the Constitutional Court;
· CIVILE: "massime" of the rulings of the Civil Division of the Supreme Court;
· SNCIV: rulings of the Civil Division of the Supreme Court;
· RELCIV: collections of civil jurisprudence;
· PENALE: "massime" of the rulings of the Criminal Division of the Supreme Court;
· SNPEN: rulings of the Criminal Division of the Supreme Court;
· RELPEN: collections of criminal jurisprudence;
· ACQUE: "massime" of the rulings of the "Tribunale Superiore delle Acque Pubbliche" (Supreme Tribunal of Public Waters) and "Tribunali Regionali delle Acque Pubbliche" (Regional Tribunals of Public Waters);
· CONSTA: "massime" of the decisions and opinions of the "Consiglio di Stato" (Council of State) and the "Consiglio di giustizia amministrativa della Regione Sicilia" (Council of Administrative Justice of the Sicily Region);
· TAR: "massime" of the rulings of the "Tribunali Amministrativi Regionali" (Regional Administrative Courts);
· CORTEC: "massime" of the rulings of the "Corte dei Conti" (Auditors' Court);
· TRIBUT: "massime" of the rulings of the "Commissioni tributarie" (Taxation Commissions);
· EURIUS: full text of the rulings of the "Corte di Giustizia dell'Unione Europea" (European Court of Justice);
· CEDU: decisions and "massime" of the Corte Europea dei Diritti dell'uomo (European Court of Human Rights);
· DISCIPLINARE: rulings of the CSM - "Consiglio Superiore della Magistratura" (Italian Council of the Judiciary).
Ministerial circulars databases include:
· CIR: Ministerial circulars published in the Official Gazette since 1st January 1992;
· CIRMGG: circulars of the Ministry of Justice.
National legal authority databases include:
· DOTTR: abstracts and references relating to documents of legal authority (legal journals, monographs and judgments published), that can be searched through the DoGi ("Dottrina Giuridica" - Italian Legal Literature) archive, realized by the CNR Institute of Legal Information Theory and Techniques (from 1970 to 2003; after 2003, the documents are produced by the CED - Electronic Documentation Center of the Court of Cassation).
Utility databases include:
· SCHEMB: general Classification Table.
Figure 17: Home Page of the "ItalgiureWeb" documentation system
3. The Italian Legal Authority Portal
This is one of the tools that have been experienced at the ITTIG. The aim of the Project wasto give unified access to material relating to legal literature distributed on the Web by different, public or private, institutional, scientific and commercial organizations in order to provide a series of specialist services (forums, distribution of documents, data interchange, etc.); it was also to create the maximum integration with the other national and international initiatives in existence, both legal initiatives, directed towards different documentary types, and those on a more general level (for example, the "Dafne" Project for academic-scientific literature).
Figure 18: Home Page of the Portal "Italian Legal Authority"
The "Portale della dottrina giuridica" ("Legal Authority Portal"), updated only until 2002, offers:
· identification of the material with research tools based on the semantics of the documents (bibliographical and conceptual elements) and on specific identifiers;
· access to information supports, like tables of contents, summaries, abstracts, reviews, etc;
· localization of material through links to legal libraries catalogues of journals, publishing houses, websites, etc;
· specific services such as mailing lists, lists of links to sites of interest, FAQs, reviews, surveys, online courses;
· utilities aimed at professionals in specific sectors (software for public notaries, public registries, etc.) or simply aimed at users (forms, encyclopedias, glossaries);
· more advanced tools, like interactive dictionaries (databases containing definitions and legal institutes descriptions), e-books (online text and handbooks), intelligent agents and customized desktops.
Gazzetta Ufficiale della Repubblica Italiana (Official Gazette of the Italian Republic): issued annually by the "Istituto Poligrafico e Zecca dello Stato" (State Polygraphic Institute and Mint), the electronic edition of the Official Gazette contains the full text of all the measures published from 1 January until 31 December of each year in the whole series of the O.G., Part I (General Series + 4 Special Series).
Juris Data: edited by Giuffré, certainly deserves a special position. It is an online legal documentation system, relating to:
· Legislazione e Codici (Legislation and Codes): collection of legislative measures of the Italian State, in the original historic version accompanied by a rich selection of legislative texts, and in the current text in force together with the collection of the Civil Code, the Code of Civil Procedure, the Criminal Code, the Code of Criminal Procedure, the Criminal Military Codes and the Code of Navigation;
- Giurisprudenza (Jurisprudence): collection of jurisprudence "massime", the decisions of the Civil and Criminal Divisions of the Supreme Court, the decisions of the Council of State and the Regional Administrative Courts, the decisions of the Constitutional Court, judgments of the European Commmunity, collection of the legislative measures of all the Italian Regions and the Autonomous Provinces of Trento and Bolzano.
Also edited by "Giuffré" publishing house are:
· "Enciclopedia del Diritto" (Encyclopedia of Law): 52 volumes of "entries", an index of 18,000 terms, an alphabetical list of more than 1,600 authors, each followed by the title of the published entries, now accessible online through the portal DeJure of the Giuffré;
· "ReMIDA- Rivalutazione monetaria einteressi" ("King MIDAS - Currency and Interest Revaluation"): software allowing the user to perform, with utmost simplicity and precision, all the operations necessary for calculating interest (legal and ordinary interest, or that relating to special taxes) and the ISTAT ("Istituto Nazionale di Statistica" - Italian Institute of Statistics) revaluation on monetary credits, guiding the user in the in-put phase in terms of the data requested;
· "ReMIDA - Danno alla persona" ("King MIDAS - Personal Injuries"): software for personal computers, which consists of an electronic legal advisor in Windows version. It enables the computer calculation of the amount of damages for personal injuries, using the tables for biological injuries laid down in the Law no. 57/2001 and those used in most of the Italian Courts;
· The "Electronic Editions" of Giuffré include: DeJure, Il Giuslavorista.it, DeJure Publica, DeJure Notaio, DeJure Biblioteca Riviste, Juris Data, Il Fallimentarista, Giustizia Civile.com, Ridare.it, Il Familiarista.it.
· "Wolters Kluwer Italia" publishes the productions of "Leggi d'Italia", IPSOA, CEDAM, UTET giuridica, Indicitalia e Il Fisco.
The catalogue of "Leggi d'Italia" comprises:
· Normativa e Prassi (Legislation and Practice): Italian Statutes (over 118,000 legislative measures in their current and co-ordinated version, with comment on the jurisprudence of all the Highest Courts); Codes (the seven Codes of Italy in their current and co-ordinated version, enriched with links to jurisprudence and doctrine); Regional Statutes (the legislation of 20 Italian Regions and 2 Autonomous provinces); Practice (collection of circulars and other documents interpreting the provisions of the laws starting from 1996, and passed by 40 different public bodies); Community and EU Law (all the Law of the European Union classified under 25 wide subject areas); Tax online (fron the experience of the journal "Il Fisco" a complete online database is created, with over 200,000 documents and a real time daily update);
· Giurisprudenza (Jurisprudence): Repertorio di Giurisprudenza (Digest of Jurisprudence: from 1981 up until now, the Digest collects together over 1.250.000 "massime", relating to decisions on the law and on the merits, published in the main Italian and foreign law journals); Constitutional Court (since 1° January 1956 the work collects over 19,000 judgments and orders issued by the Constitutional Court); Court of Cassation Civil Division (the work collects judgments and ordinances issued since 1986); Court of Cassation Criminal Division (the work collects judgments and ordinances issued since 1995); Council of State and Regional Administrative Courts (since 1° January 2004 the work collects judgments issued by the State Council, the Regional Administrative Courts and the Administrative Justice Council of Sicily Region); Courts of first instance (the work collects a wide selection of the main judgments issued by the major Italian Courts since 1° January 2000); Court of Auditors (sentences and ordinances issued since 1° January 2006); Tax online, Tax Commissions (the complete overview of the jurisprudential production of the Italian regional and provincial tax commissions for over 40,000 judgments);
· Interpretazione (Interpretation: Italian legal doctrine, Commented Codes, Commentary to the Constitution, online Judgments Digest, online Tax Doctrine); Servizi (Services: "Leggi d'Italia" on mobile device, My Library, "Leggi d'Italia" answers, "Leggi d'Italia" link for Microsoft, "Leggi d'Italia" link for PDF, Trial procedures, Tax operational circulars, online Tax answers);
· Riviste e Quotidiani (Journals and Newspapers);
· Banche dati specialistiche (Specialized data banks: Civil Service, Taxes and Accounting, Public contracts, Public Housing and Town Planning, Environment, Encyclopedia of Local Authorities, Guide for the drafting of administrative acts).
IPSOA: At the end of 2015 IPSOA has completely renewed its database for tax professionals and its services for business advisers. With a single box for the information research, its website includes at present eight sections: "IPSOA Quotidiano" (Daily News), "Speciali" (Special Reports), "Dossier", "Rassegna Stampa" (Press Review), "Gazzetta Ufficiale" (Official Gazette), "Scadenze" (Deadlines), "Costituzione e Codici" (Italian Constitution and Codes) and "Legislazione" (Legislation). Therefore, in addition to the Italian Constitution, the user can consult the Civil Code, the Code of Civil Procedure, the Criminal Code, the Code of Criminal Procedure and a selection of legislative texts between 1941 and 2017. The "IPSOA Quotidiano" section is sub-divided into "Fisco" (Tax), "Lavoro e Pensione" (Work and Pension), "Bilancio e Contabilità" (Budget and Accounting), "Financing" (Finanziamenti) and "Imprese" (Companies).
Simone publishing house encloses the relative CD-ROM with their paper-based publications (Civil Code, Code of Civil Procedure, Criminal Code, Code of Criminal Procedure, Annotated Form of Labour Process).
"Il Sole 24 ore" (The Sun 24 Hours). The legal section, called "Norms and Tributes", includes: "Fisco e Contabilità" (Tax and Accounting), "Diritto" (Law), "Lavoro e Previdenza" (Labour and Social Security), "Edilizia e Ambiente" (Building and Environment), "Casa e Condominio" (House and Condominium), "Enti locali e Pubblica Ammnistrazione" (Local Authorities and Public Administration), "Sanità" (Healthcare), "Scuola e Università" (School and University).
The modules of the Lex 24 Database include: Lex 24 (Legislation and Practice; Civil, Criminal and Administrative Jurisprudence: Collection of jurisprudential "massime"; Guide to Law; Collection of legal forms; Dossier; Answers from the "Il Sole 24 ore" experts; "Il Sole 24 ore" Journals and Newsletter); the Codes (Civil Code, Code of civil procedure, Ciminal Code, Code of criminal procedure; the information research can be done by article or by word or on the basis of the index structured by the legislator); the Electronic Civil Trial (this module systematizes the new discipline of information and communication technologies applied to the Civil Trial at its various stages); Regulation of the Road Traffic and Road Accident (Legislation, Practice, Jurisprudence, Collection of forms, Author's comments, Author's schemes, Answers from experts, Insights of experts); Contracts (the contracts discipline includes Codes regulation, Complementary laws, Jurisprudence and Practice on the subject, Family (Legislation, Jurisprudence, Systematic guides and Procedural schemes), Real Estate (Legislation, Jurisprudence, Author's comments, Author's schemes, Collection of forms, Answers from experts, Insights of experts); Labour (Legislation and Jurisprudence),Company (Corporate and Bankruptcy Law, Jurisprudence of merit and legitimacy commented by authoritative experts), Liability and Compensation (Legal issues related to civil liability and claims for compensation of damages), Mediation (Legislation, Jurisprudence, Practice, Legal Doctrine in mediation and conciliation of civil and commercial disputes), Criminal Law (Substantive and Procedural Criminal Law presented through a systematic organization of the general principles of matter, criminal offences and various phases of criminal proceedings), E-Learning (Certified Courses for compulsory vocational training), Services (Requests for full text of judgments, Software for calculating biological damage, Newsletter, Insights and advances), Banking Law (Legislation, Jurisprudence, Legal Doctrine, Rules of Banking, Financial and Insurance Law, organized according to the subject with reference to the main legal instruments).
UTET publishing house presents "DVD Banche Dati Giuridiche Platinum" (DVD Platinum Legal Databases) which collect together eleven databases on the one DVD:
· "Lex + Codex" (Lex + Codes): approximately 82,000 norms of the State from 1861 up until now in their historic version and, to a large part, in their constantly updated current version; the rulings of the Constitutional Court where there has been unconstitutionality; the Constitution; the four main Codes, accompanied by their implementing and transitional provisions; the Code of Navigation and the Military Criminal Codes of Peace and War;
· "Lex - Europa": normative texts in force in the European Community and the European Union;
· "Lex - Regioni" (Lex - Regions): the Regional laws of all the Regions of Italy and the Provincial laws of the Autonomous Provinces of Trento and Bolzano;
· "Lex - La Prassi" (Lex - The Practices): the Circulars issued from 1996 onwards by the Presidency of the Council of Ministers and all the Ministries, including the Ministries from past Legislatures;
· "Repertorio dellaGiurisprudenza Italiana" (Source Index of Italian Jurisprudence): the "massime" published in the main Italian law journals dating from 1981, relating to decisions taken by approximately sixty different adjudicating bodies (on the merit and on the legitimacy); reports of the main legal writings published since 1981; information about the legislation in force, organized by subject matter; authored notes commenting on the "massime";
· "Corte Costituzionale" (Constitutional Court): all judgments and orders issued by the Constitutional Court from 1° January 1956 up until now;
· "Cassazione Civile"(Civil Division of the Supreme Court): over 65.000 decisions in full text of the Civil Division of the Supreme Court, officially reported and handed down from 1986 up until now;
· "Cassazione Penale"(Criminal Division of the Supreme Court): a wide selection of the decisions in full text of the Criminal Division of the Supreme Court, handed down from 1995 up until now;
· "Giurisprudenza amministrativa" (Administrative Jurisprudence): the most significant judgments and ordinances issued by the Council of State from 1° January 2000 and some of the main Regional Administrative Courts since 1° January 2004;
· "Giurisprudenza di merito" (Jurisprudence on the merit): Courts judgments issued by the main
Italian Courts, handed down from 1° January 2005;
· "Formulari" (Forms): a collection of about 1500 forms relating to Civil Law, Civil Procedure, and Criminal Law.
Also there are:
· "Giurisprudenza Italiana" (Italian Jurisprudence): Collection of the issues 1990 - 2010. The database includes the notes and the comments made by the most authoritative experts, extensive references to legal doctrine and jurisprudence, articles on legal issues of relevance and the most important judgments issued in the last twenty years by the International Courts, the Constitutional Court, the Civil and Criminal Supreme Court, the Council of State and many other Italian Courts. The database content is organized by matter: Constitutional Law, Civil Law, Commercial Law, Civil Procedure, Criminal Law, Criminal Procedure, Administrative Law, Tax Law, European Community Law, International Law, legal doctrine and legal current events.
· "Pluris" system provides in one instrument all that is needed in the legal profession: databases (legislation, practices, jurisprudence, case notes, and forms), legal journals, daily news. In particular, there are: the legal newspaper with news about the last judgments and new regulations, enriched with the expert comments; the legal doctrine extracted by the CEDAM and UTET publications; the hypertextual codes by "UTET giuridica"; the "Giurisprudenza Italiana" legal journal; the "Digesto", legal encyclopedia completely available online; "ITER", the dynamic and interactive guide to the civil proceedings. The system is complemented by utilities, services and operating tools.
Zanichelli publishing house produces:
· Cd-ROM "Repertorio del Foro Italiano" (Digestof Italian Courts case law)
· Cd-ROM "Foro e Cassazione civile" (Forum and Civil Division of the Supreme Court) presents material found in the following databases:
o Foro Italiano;
o Civil Division of the Supreme Court
- DVD "Foro Italiano" contains more than a million documents, divided into the following databases:
Civil Divisions of the Supreme Court;
The Four Codes.
5. Mailing Lists and Newsgroups
We shall cite, as an example, Diritto & Diritti, which offers various "Mailing Lists" (one dedicated to Administrative Judges, one focused on online Administrative Proceedings, one aimed at the Judges of Taxation Commissions, and one on "Cybercrime" and procedure). Among the best services available, we would like to mention not only that offered by Google Groups, which through a special search engine enables the user to carry out a full text search within the messages, but also that offered by Diritto e Giustizia.
D. Open Access Online Legal Information Sources
The following is an overview of open and free access sources of Italian legislation, case law and legal journals is provided. A distinction is also done by typology and area of law.
1. Legislation, Case Law and Legal Literature
Here are just a few examples of websites that offer free access to legal databases.
Comune di Jesi: The "Comune di Jesi" (Municipality of Jesi), among the online services for citizen, offers the opportunity to consult some important legal databases that can be accessed here. The archive of the "Official Gazette" - as an official source of knowledge of the rules in force in Italy and a tool for dissemination, information and officialization of legislative texts, public and private acts - allows to search and browse the various series of the "Official Gazette", both in textual format and in PDF graphic format, as well as the text of the individual acts, as originally published in the various series of the Gazette. The citizen can consult the text of all State law acts published since 1933, constantly updated (if published since 1936) with the changes made daily by other legislative acts. There is the possibility to consult, in addition to the Official Gazette, the legislative archives of "Nomattiva" and the Journal of the European Union.
Umbrialex.it: The Umbrialex System can be accessed here and includes local legislation of the Umbria Region from 1971. Texts are linked among them and with other relevant legislative sources such as national and European ones. Contributions of legal authority are also available. Apart from the Official Gazette, all the documentary material (European Community legislation, National legislation and Regional legislation) is updated only until 2002. No multilanguage version is available.
U.P.O. Digital Library: For the breadth and relevance of the bibliographic material made available to the user, deserves to be here reported the Digital Library of the U.P.O. (Università del Piemonte Orientale) Department of Jurisprudence, Economic, Political and Social Sciences. It collects numerous (about thirty) electronic archives in the field of Italian and E.U. legislation, case law and legal literature. Among these archives we can cite: Au.G.U.sto (Automazione Gazzetta Ufficiale Storica), Gazzetta Ufficiale Repubblica italiana, Leggi d'Italia e Biblioteca Wolters Kluver, Lexis Nexis, Costituzionalismo.it, Giustamm.it, Infoleges/Archivio DoGi - Dottrina Giuridica, Dogis (Dottrina giuridica straniera), ESSPER - Spogli di periodici italiani di Economia, Diritto, Scienze sociali e Storia, IUS EXPLORER e Guida al Diritto on-line.
Sentenze.it: As far as the jurisprudence of the Courts of merit is concerned, we will confine ourselves to signal the website Sentenze.it. Through this site, it is possible to search the judgments of the various Italian Civil Courts by selecting the Forum and indicating the keywords relating to the topics of interest.
2. Thematic Information Systems
Civile.it: The Civile.it information system provides some date banks containing legislation, jurisprudence, legal literature, practice, forms, etc. in the field of Civil Law and Civil Procedure, but also Sports Law, Tax Law and Internet Law. There is an internal search engine on the site in order to find more easily the information of interest.
Bancalex e Diritto Bancario: The "Bancalex" website is specialized on Bank Law. A classification helps the user finding all Bank Law legal information. In the "Diritto Bancario" website there are Insights, Legislation, Case Law, Specialized Journals articles, Conference news and a "Review of legal literature and commented jurisprudence", realized by Diritto Bancario with IusImpresa (Bibliographics Observatory of Economics Law).
Dirittodautore.it: The Dirittodautore.it website contains some relevant databases relating to legislation, case law and legal authority on copyright. Documentation is only in part freely accessible; some sources can be accessed only on charge. No multilanguage version is available.
Amministrativo.it: The Amministrativo.it site contains specific legal information relating Administrative Law. A classification schema facilitates searching and browsing internally the site. Search engines such as Iuseek and Google allows users to search relevant connected sources in other websites. No multilanguage version is available. The institutional site of the Administrative Justice can be consulted at the internet address.
Appalti in Linea: In the "Appalti in Linea" information system specific legal information relating public procurement and e-procurement can be consulted. Information relating ongoing competition at European, national and local level is also provided.
Some other Administrative Law relevant websites are:
- the Rivista Amministrativa della Repubblica Italiana is a journal on Administrative Law. It contains articles of legal literature, notes and observations on the most significant judgments of the Constitutional Court, the Court of Cassation, the Superior Court of the Public Waters, the Counncil of the State, the Regional Admministrative Courts, the Court of Auditors, a review of the suspension ordinances of the State Council and a last section devoted to the State, Regional and Community legislative production.
- The Espropri online (Eminent Domain) website contains on this subject relevant sources of legal information such as legislation, case law, legal authority, practice and news.
Penale.it: The Penale.it site contains specific legal information relating criminal law. Browsing functionalities are reinforced by a classification schema allowing to search into the website watching from a specific area of criminal law. Legal documentation includes: legislation, case-law, legal authority and comments.
2.2. Labour Law
DL (Diritto del Lavoro) Online: The DL is a telematic journal of Labour Law wich collects research and consultation tools that are useful not only to professionals (lawyers, magistrates, business consultants, corporate law firms, staff offices) but also for anyone look for answers for his work problem. The system considers legislation, case-law and comments from legal authority. A classification schema of the relevant concepts of Labour Law facilitates browsing and searching by the user. No multilanguage version is available.
2.3. Environmental Law
AmbienteDiritto.it: the AmbienteDiritto.it website contains a very specialized database on Environmental Law. Legislation at European, national and local level is considered together with case-law and legal doctrine. Classification schemas, organized in categories (relevant concepts of Environmental Law), facilitate browsing and searching by the user of both the jurisprudence and the legislation.
Ambiente.it: The Ambiente.it firm is committed to the realization and supply of environmental management software, with specialization in the waste sector. The activities carried out, in addition to the realization of specialized software, include consulting, training and professional information.
Tutto Ambiente: "Tutto Ambiente" was born in 1999 as a website specialized in law and environmental management. The activity is carried out in three areas: training, consulting and publishing.
Other interesting websites on Environmental Law can be accessed at the following addresses: Lexambiente, Centro Documentazione Conflitti Ambientali (CDCA), and SINAnet - Rete del Sistema Informativo Nazionale Ambientale (National Environmental Information System)
2.4. Urban Planning Law, Maritime and Transport Law
Diritto e Progetti (Law and Projects): "Diritto e Progetti" is an online specialized magazine where qualified information on urban planning, public procurement and environment can be consulted. Thematic legislation, case-law and legal authority can be browsed by using a specific search engine user oriented with search facilities. Consultation of the wide-ranging documentation is facilitated by the existence of a keyword index.
Diritto della navigazione e dei trasporti (Maritime and Transport Law): The Fog.it system on Maritime, Air and Transport Law is a website where International Uniform Transport Law, Italian Maritime, Air and Transport Law Cases, Transport Law Revue (Rivista "Diritto dei Trasporti") and the The Aviation & Maritime Journal can be consulted. A search engine allows users to search inside the website as well as in the web. The site can be accessed in English and relevant international legal texts are also available in English.
Some useful websites are the Fisco e Tasse site includes, in the section "NORME": Circulars and Resolutions, Codes and Consolidated Laws, Draft Laws, Laws and Decrees, Jurisprudence, Legal Measures, etc. Other areas of the site relate to tax news and deadlines.
· Il Commercialista telematico (online accountant) is a website where a very interesting selection of the most important Italian legal literature and case-law in the field of Commercial Law, Labour Law, Balance sheet and Accounting, Local Tax, Direct and Indirect Taxes can be consulted. No multilanguage version is available.
· TAX & Lex contains a rich collection of legislation, case law and legal doctrine in the field of Tax Law.
1. Main Italian Legal Websites
1.1. Italian Parliament, Government and Ministries
1.1.1. Italian Parliament
· Senato della Repubblica
o Senato - Banche dati specialistiche
1.1.2. Italian Government
18.104.22.168. Ministers Without Portfolio
· Ministro per i rapporti con il Parlamento
o Archivio Trattati Internazionali Online
o Italianinel mondo (Italia Estera)
· Ministero dell'interno
o Dipartimento per gli Affari Interni e Territoriali
o Direzione Centrale dei Servizi Antidroga
o Direzione Investigativa Antimafia (DIA)
o Dipartimento dei Vigili del fuoco, del Soccorso pubblico e della Difesa civile
o Dipartimento per le Libertà civili e l'Immigrazione
o Dipartimento per le Politiche del personale dell'amministrazione civile e per le Risorse strumentali e finanziarie
· Ministero della giustizia
· Ministero della Difesa
· Ministero dell'Economia e delle Finanze
o Dipartimento dell'Amministrazione Generale, del Personale e dei Servizi
o Istituto Poligrafico e Zecca dello Stato (IPZS)
o Dipartimento delle Finanze
o Dipartimento della Ragioneria Generale dello Stato
o Dipartimento del Tesoro
o Agenzia del demanio
o Agenzia delle entrate
o Agenzia del territorio
o Agenzia delle Dogane e dei Monopoli
· Ministero dello sviluppo economico
o Direzione generale per la sicurezza delle attività minerarie ed energetiche
o Ufficio Italiano Brevetti e Marchi
o ICE - Agenzia per la promozione all'estero delle imprese italiane
· Ministero delle politiche agricole, alimentari e forestali
· Ministerodell'ambiente e della tutela del territorio e del mare
· Ministerodelle infrastrutture e dei trasporti
· Ministero del Lavoro e delle Politiche Sociali
o Sistema Informativo Lavoro
o Agenzia Nazionale Politiche Attive del Lavoro
· Ministerodell'Istruzione, dell'Università e della Ricerca
o Studenti e Diritto allo Studio
o Ricerca Scientifica e Tecnologica
o Alta Formazione Artistica e Musicale (AFAM)
· Ministero dei Beni e delle Attività culturali e del Turismo
o Direzione Generale Biblioteche e Istituti culturali (DGBIC)
o Direzione Generale per gli Archivi (DGA)
· Ministero della salute
1.2. Italian Public Bodies
· IPA - Indice delle Pubbliche Amministrazioni
· ARAN - Agenzia per la rappresentanza negoziale delle Pubbliche Amministrazioni
· Istituto Superiore per la Protezione e la Ricerca Ambientale (ISPRA))
· SINAnet - Rete del Sistema Informativo Nazionale Ambientale
· Autorità Garante della Concorrenza e del Mercato (AGCM)
· Autorità per l'energia elettrica, il gas e il sistema idrico
· Autorità Nazionale Anticorruzione
· Autorità perle garanzie nelle comunicazioni
· Garante perla Protezione dei Dati Personali
· Commissione di garanzia sull'esercizio del diritto di sciopero
· Autorità per la vigilanza sui lavori pubblici
· Agenzia per l'Italia Digitale (AgID)
· CONSOB - Commissione Nazionale per le Società e la Borsa
· Istituto per la vigilanza sulle assicurazioni private (IVAss)
· Sito ufficiale dei Sondaggi Politici ed Elettorali
· Garante del contribuente
· Unioncamere - Unione italiana delle CCIAA
· Il Portale delle Camere di Commercio italiane
· CNEL - Consiglio Nazionale dell'Economia e del Lavoro
· CONI - Comitato Olimpico Nazionale Italiano
· Aeronautica Militare
· Arma dei Carabinieri
Forze di polizia
· Guardia di Finanza
· Poliziadi Stato
· ISS - Istituto Superiore di Sanità
· ISTAT - Istituto Nazionale di Statistica
· SIAE - Società Italiana degli Autori ed Editori
· UNI - Ente Nazionale Italiano di Unificazione
· ACI - Automobile Club d'Italia
· Conferenza delle Regioni e delle Province Autonome
· Link ai siti delle Regioni e delle Province Autonome
· Conferenzadei Presidenti delle Assemblee Legislative delle Regioni e delle Province Autonome
· Statuti Regionali in vigore
· UPI - Unione delle Province d'Italia
· Province d'Italia
· ANCI - Associazione Nazionale dei Comuni Italiani
· Ancitel - LaRete Telematica dei Comuni Italiani
· Comuni.it - Il Portale del cittadino
1.3. Judicial Bodies
· Cortedei Conti
· CorteSuprema di Cassazione
· Sistema Italgiure Web
· Consiglio Superiore della Magistratura
· Giustiziaamministrativa (Consiglio di Stato e Tribunali Amministrativi Regionali)
· Giustizia tributaria - Commissioni tributarie
· Consiglio di Presidenza della Giustizia tributaria
· Giustizia militare
1.4. Associations and Labour Unions
· ABI - Associazione Bancaria Italiana
· ANM - Associazione Nazionale Magistrati
· Associazione culturale per lo studio del Diritto
· Associazione italiana della comunicazione pubblica e istituzionale
· Associazione Nazionale Forense
· Censis- Centro Studi Investimenti Sociali
· Consiglio Nazionale Forense
· Consiglio Nazionale del Notariato
· Consultaper la Giustizia Europea dei Diritti dell'Uomo
· FTI - Forum per la Tecnologia dell'Informazione
1.5. Traditional and Online Magazines
· The Cardozo Electronic Law Bulletin
· Ciberspazio e Diritto
· Diritti & Doveri (Rivista telegiuridica)
· Diritto& Diritti
· Diritto & [email protected] - Quotidiano di informazione giuridica
· European Law Journal
· Foro Europa (Rassegna di giurisprudenza comunitaria e diritto europeo)
· Foroeuropeo.it (Il portale del giurista - rivista giuridica telematica)
· Forum diQuaderni Costituzionali (Rivista online)
· Guida al Diritto on line - Il Sole-24 Ore
· Informatica e Diritto (Rivista Internazionale di Informatica e Diritto)
· ItalianJournal of Public Law (the first Italian law journal entirely published in English)
· InterLex- Diritto, Tecnologia, Informazione
· Leggi d'Italia - quotidiano giuridico (Guida aggiornata per aree tematiche su tutta la normativa italiana ed europea)
· LexItalia.it (Rivista Internet di diritto pubblico)
· Palomar - Osservatorio di diritto costituzionale (Notiziario trimestrale di diritto costituzionale redatto nell'ambito del Dottorato di ricerca in Diritto pubblico comparato della Facoltà di Economia dell'Università d
· Studiocelentano.it (Quotidiano di diritto, Internet e nuove tecnologie)
1.6. Private Initiative Websites
· JeI - Jus e Internet (servizi inabbonamento per il giurista)
· Privacy (tutto sulla tutela dei dati personali)
· Il Processo telematico
· Dotto Diritto (Cultura e Metodo)
1.7. Research Institutions
· CNR - Consiglio Nazionale delle Ricerche (for a complete List of Research Institutions click here)
· ENEA -Agenzia nazionale per le nuove tecnologie, l'energia e lo sviluppo economico sostenibile
· IRSIG - Istituto di Ricerca sui Sistemi Giudiziari - Bologna
· ISGI - Istituto di StudiGiuridici Internazionali - Roma
· ISSiRFA - Istituto di Studisui Sistemi Regionali Federali e sulle Autonomie "Massimo Severo Giannini" - Roma
· ITTIG - Istituto di Teoria e Tecniche dell'Informazione Giuridica - Firenze
1.8. Italian Legal Documentation
· Normattiva.it. Portale della legge vigente (Costituzione, Codici, Gazzetta Ufficiale, Legislazione Regionale, Leggi approvate in attesa di pubblicazione)
· GazzettaUfficiale gratuita [IPZS] (ultimi 60giorni)
· Gazzette, leggi e normative [Rete civica Aesinet]
· Leggi Regionali XV Legislatura (Camera dei Deputati)
· Leggi dalla XIII Legislatura (dal 9 maggio 1996)
· Legislazione comparata [ParlaLex] Normativa europea [Unione Europea]
· Eur-Lex (il diritto dell'UE)
· Direttive comunitarie [Min. Politiche Comunitarie]
· Normativacomunitaria ItalgiureWeb [Ced-Cassazione] EurLex (ricerche a pagamento)
· Accordi Internazionali [Min. Esteri]
· TrattatiInternazionali [Min. Esteri]
· Giurisprudenza costituzionale [Corte Costituzionale] (pronunce dal 1999e massime dal 1956)
· Giurisprudenza costituzionale [Consulta Online]
· Giurisprudenza della Cassazione e delle altre supreme Corti, comunitaria, di merito, TAR, tributaria - ItalgiureWeb [Ced-Cassazione] (ricerche apagamento)
· Giurisprudenza amministrativa [Segretariato generale giustizia amministrativa] [Consiglio diStato e Tribunali Amministrativi Regionali]
· Giurisprudenza comunitaria [Unione Europea] (Corte di Giustizia e Tribunale di primo grado delle Comunità Europee)
· Giuriprudenza di merito
1.8.3. Parliamentary Acts
· Disegni dilegge, ordini del giorno, resoconti assemblea, attività senatori, giunte e commissioni [Senato]
· Atti dicontrollo e di indirizzo politico (interrogazioni, interpellanze, mozioni, risoluzioni, ordini del giorno) [Camera dei Deputati]
· Dottrinagiuridica [Dottrina.it]
· Dottrinagiuridica (riviste, monografie e sentenzeedite) - ItalgiureWeb [CED-Cassazione]
· Bibliografia con abstracts delle riviste giuridiche - DoGi [ITTIG-CNR]
· Bibliografia dei periodici di economia, diritto e scienze sociali [ESSPER]
1.9. Web Guidesto Italian Law
· Diritto eSocietà On Line (DSOL)
· Diritto Italia (ITTIG - CNR)
· LIUC Virtual Library: diritto
· Ricerche giuridiche in rete (a cura della Biblioteca di Giurisprudenza, Lettere e Filosofia dell'Università di Milano)
· DFP - Documentazione di Fonte Pubblica in rete
1.10. Italian Legal Search Engines and Portals
· Altalex - Quotidiano di informazione giuridica
· Diritto& Diritti
· Diritto Pratico
· Dottrina.it (il motore di ricerca della dottrina)
· E Ius
· IusReporter - esplorazioni giuridiche
· RicercaGiuridica.com (catalogo sistematico delle pagine Web giuridiche)
· Diritto dei Sevizi pubblici
· Lavoro e Diritto
· Diritto d'autore.it
1.11. European Community, International Law
EU Intitutions and Bodies
· European Council
· European Council - Library and Research
· Council of the European Union
· European Parliament
· European Parliament Legislative Observatory
· Parlamento Europeo - Ufficio d'informazione in Italia
· European Commission
· European Commission Libraries Catalogue (ECLAS)
· Rappresentanza in Italia della Commissione europea
· Court of Justice of the European Union (CJEU)
· Court of Justice
· General Court
· Civil Service Tribunal
· European Court of Auditors
· European Central Bank
· European Investment Bank
· European Investment Fund
· European Committee of the Regions (CoR)
· EU'S Assembly of Regional and Local Representatives
· Council of Europe
· European Court of Human Rights
· Commissioner for Human Rights
· European Convention on Human Rights
· European Union Intellectual Property Office (EUIPO)
· European Ombudsman
· Associazione Per l'Incontro delle Culture in Europa (APICE)
· Community Plant Variety Office (CPVO)
· Europol- European Police Office
· General Assembly of the United Nations
· United Nations Security Council
· United Nations Economic and Social Council (ECOSOC)
· Trusteeship Council - United Nations
· International Court of Justice
· United Nations - Secretariat
· International Criminal Court
2. Glossary of the Most Frequently Used Italian Legal Terms
Abrogazione [Repeal]: the ceasing of a legal norm or a legislative act's enforceability. The repeal can be expressed (by an explicit statement of legislator) or implied (because of inconsistency with subsequent law). Moreover, it can be a consequence of referendum or due to intrinsic causes (special laws issued for a limited period or in particular circumstances).
Appello nominale [Roll call]: one of the ways in which the Houses of a Parliament vote. It consists in the calling in alphabetical order of each single Member of Parliament, who is expected to openly and publicly cast his or her vote.
Assemblea costituente [Constituent Assembly]: special and provisional collegial body elected to draw up and to approve a Constitution, as well as to carry out the legislative tasks normally appertaining to Parliament.
Assemblea Generale delle Nazioni Unite [General Assembly of the United Nations]: United Nations body made up of all the Organization's Member-States.
Associazione [Association]: organized complex of people and property having no financial ends.
Associazione Nazionale Magistrati [A.N.M. - National Association of Magistrates]: free association to which almost all Italian magistrates belong. It is divided into different currents that elect its Governing Committee and propose candidates for the election of the "ConsiglioSuperiore della Magistratura" (Superior Judiciary Council).
Atti di alta amministrazione [Upper Administrative Acts]: fundamental directives adopted by the Public Administration in order to meet Government policies on the management and care of its functions (these therefore act as links between policy and administration).
Atti aventi valore di legge [Legally binding Acts]: decrees law, legislative decrees and normal Regional laws are defined as such. They are characterized by the fact that, although having all the effects of law, they are limited in terms of their duration or in what they regulate.
Atti di concerto [Collegial Acts]: acts that invest more than one authority and more than one particular competence and for which more than one body concurs with respect to what is regulated.
Atti di controllo [Controlling Acts]: second level regulations to reform - or to re-examine - a previously passed act or procedure (the following are examples of these: visas, approvals, authorizations, validations or annulments during checking procedure).
Atti definitivi [Definitive Acts]: administrative acts that cannot be altered by ordinary administrative procedures.
Atti generali [General Acts]: Public Administration acts dealing with general or abstract matters that apply to an indeterminate number of parties.
Atti giuridici [Legal Acts]: conscious and voluntary behaviors that has legal effects.
Atti giuridici comunitari [European Community Legal Acts]: this expression defines the "derived European Community Law", that is the set of regulations drawn up by European Community Institutions, whose direct basis is Treaties (original European Community Law).
Atti ispettivi del Parlamento [Parliamentary Inspecting Acts]: a posteriori acts (usually passed separately by each House) that politically control the activity of the Government. These make up the parliamentary "political inspection". In certain cases, they take on a preventive form in order to solicit a decision such as, for example, in the case of parliamentary questions.
Atti normativi [Normative Acts]: acts that affect an indeterminate number of subjects and can modify or renovate the existing legal system. They are therefore a "source of the Law".
Atti parlamentari [Parliamentary Acts]: acts resulting from the work carried out by each House of Parliament (Deputies and Senators). Parliamentary acts also include summary reports of Committee meetings, that contain all the bills presented in the Houses.
Atti politici [Political Acts]: through these acts Government policy (that is the supreme will of the State) is implemented.
Atto unilaterale [Unilateral Act]: acts through which a single party (in particular a State) sets down rules that result in rights and obligations in the legal relationships existing between international community parties.
Autarchia [Autarchy]: the ability of bodies other than the State to dispose of public authority; it consists in the ability, inherent to public bodies, to administer their own interests by carrying out an administrative task that has the same character and the same legal efficacy as that of the State.
Autogoverno [Self-Government]: expression that comes from institutions that are typically found in Anglo-Saxon legal systems ("self-government"). It stands for the particular condition of certain public bodies that are permitted to administer themselves by means of internal institutions and procedures.
Autonomie locali [Autonomous Local Bodies]: local bodies that the State recognizes as autonomous authorities; they have the right and the effective ability to regulate and to administer - within the bounds of the Law and on their own responsibility - a significant part of public affairs.
Autorità amministrative indipendenti [Independent Administrative Authorities]: public bodies or institutions created by the legislator in order to guarantee autonomy and impartiality in specific and particularly important areas for the State and/or the economy; they are therefore organizationally and financially autonomous, are self-auditing and have substantial independence towards the Government.
Avvocatura dello Stato [State Attorney-General Office]: auxiliary organ with general competencies that the State Administration institutionally entrusted of the representation and the defense in judgment involving ordinary, administrative and special jurisdiction, arbitration colleges and constitutional jurisdictions.
Bicameralismo perfetto [Pure Bicameralism]: in a twin House parliamentary system both Houses have identical powers and functions.
Bilancio dello Stato [State Budget]: law consisting of an accounting document in which, in accordance to specific criteria, the State's income and expenditure for a given period is set down.
Bollettino Ufficiale [Official Bulletin]: a periodical issue edited by Public Bodies and Administrations which publishes internal regulations and, more in general, the laws and rules regulating the administrative sectors within the competencies of the Body that publishes the Bulletin.
Burocrazia [Bureaucracy]: complex of offices and personnel that apply the regulations drawn up by the organs of the Public Administration.
Capacità giuridica [Capacity to have rights]: capacity to be holder of legal rights and obligations.
Capacità di agire [Capacity to exercise rights]: capacity to acquire and to exercise subjective rights and to take on obligations; it is therefore the aptitude to create, modify or to extinguish one or more legal relationships.
Casellario giudiziale [Criminal Records Office]: filing cabinet established in each Public Prosecutor's Office, that has the task of collecting and preserving the abstracts of regulations and notations concerning all the people born in the District in relation to which registration is required by Law.
Catasto [Land Register]: general list of all property (land or real estate) that determines the consistency and the income of property through its description, measurement and estimation.
Circondario [District]: territorial area that delimits the competence of an ordinary Court.
Coalizione di Governo [Government Coalition]: coalition of Parties that, taken together an absolute majority in Parliament, provides the parliamentary basis for the Government. It pursues a coordinated and common political line with respect to the political Parties that it comprehends.
Codice [Code]: systematic and organized set of laws relating to the same subject or sector (for example: Civil Code, Penal Code, etc.).
Codificazione [Codification]: ordered and coherent system of norms and regulations in a particular field.
Comitato delle Regioni [Committee of the Regions]: consultative body set up by the Treaty on European Union. It is made up of the representatives of Local and Regional Councils and it is nominated on the basis of proposals from the respective Member-States.
Comitato Regionale di Controllo [CO.RE.CO - Regional Inspection Committee]: Regional body, regulated by State Law that inspects the legitimacy of Provincial and Communal acts.
Commissione europea [European Commission]: executive organ of the European Union that implements Community acts and treaties.
Comune [Commune]: territorially defined public body headed by a Mayor elected directly by the citizens.
Conferenza permanente tra Stato e Regioni [Permanent Conference between State and Regions]: corporate Body that has an information, consultation and coordinating role with respect to general policies (barring foreign policy, justice and national security).
Conferenza Stato-Città [State-City Conference]: has a coordinating role in the relationship between the State and Local Bodies, and educational and information role for tackling problems regarding policies that may have a direct impact on assigned or delegated functions (Provinces, Communes, Mountain Communities).
Consigli giudiziari [Judicial Councils]: organs of the Ordinary Magistracy at each Appeal Court. They have an administrative character, that is compulsorily determined by Law and they are competent for all magistrates of the District.
Consiglio comunale [Communal Council]: highest institutional organ of the Commune. The Communal Council represents the local community by which it is directly elected. It has duties of policy and of political-administrative control.
Consiglio dell'Unione Europea [Council of the European Union]: European Community organ which has important functions with regard to the creation of legal acts and treaties. Its presidency is assigned on a six-month in rotation to each Member-State of the European Union.
Consiglio di gabinetto [Cabinet Council]: organ that assists the Prime Minister and the Vice-Prime Minister in their political activity, notwithstanding the powers of the Council of Ministers.
Consiglio Nazionale delle Ricerche [C.N.R. - National Research Council]: national research organization, with general scientific competence and with scientific research Institutes distributed over Italy, which carries out activity of primary interest for the promotion of science and the progress of the Country. CNR has the legal status of a public organization, and defines for itself autonomous rules and regulations, in accordance with the existing laws and the Civil Code.
Consiglio notarile [Notarial Council]: established in each Notarial District, it has a watch role on the notarial profession and on the conduct of notaries registered in the District.
Consiglio dell'Ordine degli Avvocati [Bar Association Council]: established in each Court District, it is an organ that performs various tasks related to the professional roll control, to the watch over registered practitioners, to the advice in honorary matter and the profession prestige safeguard.
Consiglio provinciale [Provincial Council]: representative collegial organ that has a guiding and political-administrative inspection role in the context of the Province.
Consiglio regionale [Regional Council]: the highest deliberative and representative organ of the Region. It has normative and administrative competencies as well as organizational, financial and book-keeping autonomy.
Consiglio di sicurezza [Security Council]: it is the most important organ of the United Nations Organization and has a fundamental task in the maintenance of international peace and security.
Consiglio di Stato [Council of State]: an organ that has a jurisdictional and consultative function in the administrative sphere. In its consultative role, it pronounces on all matters regarding the Public Administration through "opinions". These can be "compulsory" or "binding". As a jurisdictional organ, it is competent to re-examine on second level the judgments pronounced by the Regional Administrative Tribunals (TAR).
Consiglio Superiore della Magistratura [C.S.M. - Superior Council of the Magistracy]: body provided for under the Italian Constitution (article No. 104). It is a self-governing body of the Magistracy. It issues orders for the appointment, assignment, transfer and promotion of magistrates (judges and public prosecutors) together with having responsibility for disciplinary judgements. It is made up of the President of the Italian Republic (acting as its Chairman), by the first President of the Court of Cassation and by the Court of Cassation's Public Prosecutor (all these being members as of right). There are also thirty elected members holding office for four years: two thirds are ordinary magistrates (elected by the Magistracy) and one third are full professors in Law and lawyers with 15 years of practice (so-called "lay members" elected by the Parliament in joint session).
Consuetudine [Custom]: source of Law that consists of a behavior, conforming to the Law, which is kept in a constant and uniform way by the citizens. It is a primary level source in the hierarchy of norms of the international legal system.
Consultazione popolare [Popular Consultation]: system of inquiry: opinion poll, through which the attitude of citizens with respect to political-administrative orientations is verified.
Corte Costituzionale [Constitutional Court]: body set up by the Italian Constitution to carry out the following functions: to adjudicate on the constitutionality of laws (deciding whether they comply with the provisions of the Constitution); to adjudicate on conflicts between State Powers (legislative, administrative, judicial), between the State and Regions or between different Regions; to adjudicate on the admissibility of repealing referendums; to adjudicate, in cases provided for under the law, on criminal charges brought against the President of the Italian Republic. The Court is made up of fifteen judges holding office for nine years.
Corte d'Appello [Court of Appeal]: body forming part of the ordinary civil and criminal Court system. It is made up of three judges. It represents the second level of the judicial system that of appeal against decisions of the first instance Court ("Tribunale"). It has territorial jurisdiction within its own District, generally corresponding to a Region. The Court is normally located in the Region capital.
Corte d'Assise [Court of Assizes]: Court with ordinary jurisdiction in criminal matters with competence to try a number of serious offences at first instance. It is made up of a President (a judge qualified for the Court of Appeal), a judge qualified for an ordinary Court ("giudice a latere") and six jurors. In carrying out their functions, the jurors have equal status to the Court judges: their votes count for the same as those of the judges when the Court reaches a sentence.
Corte dei Conti [Court of Accounts]: body set up under the Italian Constitution (articles No. 100 and 103). It is responsible for checking the legitimacy of the activities of the Government and of the Public Administration. It is also responsible for checking the management of the accounts of the State, of the Public Administrations generally and of the bodies subsidized by the State. It also has a judicial function in the field of public accounting and in relation to pensions of State officials. It is divided into "checking" divisions and "judicial" divisions. When dealing with matters of particular significance it sits in United Sessions. The Court of Accounts also has a consultative function (when asked to give opinions on specific matters) and a referral role when it is called upon to report directly to the Houses of Parliament on the results of the checks it has carried out.
Corte di Cassazione [Supreme Court of Cassation]: as Italy's Supreme Court, it is entrusted with ensuring the precise observance and uniform interpretation of the law. Questions relating to conflicts of jurisdiction, competence and powers within the Magistracy are also referred to it for adjudication. It hears appeals both in civil and criminal matters against decisions reached by lower Courts but only on points of law (assessment of legitimacy). It is thus concerned to ensure that the Court dealing with the merits of the case has correctly applied and interpreted the law in reaching its decision. It is a collegial body dealing with ordinary jurisdiction. It is divided into so-called "simple" divisions (6 criminal, 3 civil and 1 for labour cases). In cases of particular importance, it sits in United Sessions. Its offices are in Rome and it has jurisdiction over the whole territory of the Italian Republic.
Corte di giustizia della Comunità Europea [Court of Justice of the European Community]: the Court of Justice of the European Community (often referred to simply as "the Court") was set up in 1952 under the Treaty of Paris (establishing the "European Coal and Steel Community"). Its job is to ensure that European Union legislation (technically known as "Community Law") is interpreted and applied in the same way in each Member-State, in other words, that it is always identical for all Parties and in all circumstances. The Court has the power to settle legal disputes between Member-States, European Union Institutions, businesses and individuals. The Court is composed of one judge per Member-State, so that all the EU's national legal systems are represented. Even after enlargement, there will still be one judge per Member-State, but for the sake of efficiency, the Court will be able to sit as a "Grand Chamber" of just eleven judges instead of always having to meet in a plenary session attended by all the judges.
Corte europea dei diritti dell'uomo [European Court of Human Rights]: international Court established by the European Convention for the safeguarding of Human Rights. It can be appealed to for violations of rights and liberties guaranteed by the Convention.
Corte Internazionale di Giustizia [International Court of Justice]: Supreme International Court established in 1945. In accordance to the Statute it is an organ of the United Nations. It is made up of fifteen judges of various nationalities who are elected on the basis of their competencies and moral standing.
Costituzione [Constitution]: fundamental law of the Republic that sanctions the fundamental principles, the duties and rights of citizens. It also regulates the State organization.
Decreto-legge [D. L. - Decree Law]: normative Government act. It is used in very particular and urgent cases and has a time limit of sixty days from the date of its publication on the "GazzettaUfficiale della Repubblica" ["Official Gazette of the Republic"]. Decrees law can be converted to laws by Parliament.
Decreto legislativo [D. Lgs. - Legislative Decree]: a provision that has the binding force of law. It is adopted by the Government with a deliberation of the Cabinet and it is passed by the President of the Italian Republic on the basis of a delegated law ("legge delega").
Decreto ministeriale [D. M. - Ministerial Decree]: secondary normative act with a solely regulatory purpose that individual Ministers can issue in the context of their Department and by virtue of a law that expressly predisposes it.
Decreto del Presidente della Repubblica [D. P. R. - Presidential Decree]: provision with which the President of the Italian Republic issues acts provided by the Constitution or by Constitutional Law, those relative to the organization of the personnel of the Secretary of the Presidency, as well as all the acts that are expressly listed by the law 13/'91 (for example, the nomination of State Undersecretaries, the decision on extraordinary appeals, granting of Italian citizenship, dissolution of Communal and Provincial Councils).
Demanio [State Property]: complex of properties of the State, Regions, Provinces and Communes. Its scope is to serve the public interest and, as such, it is subject to different rules than those that govern private property. This kind of property is, in fact, inalienable and from it cannot accrue any right to a third part.
Democrazia diretta [Istituti di, Institutions of Direct Democracy]: Institutions provided by the Constitution through which the people, in whom sovereignty rests, directly exercises its powers. These institutions are: popular initiative of bills and laws, right of petition and the popular referendum.
Deputati [Members of Parliament]: members of Parliament elected by direct universal suffrage, some by means of majority voting system and others by means of proportional representation system. All citizens over twenty five years can be elected as long as they are not in a state of ineligibility as set out by Law. Their mandate lasts for five years, which is for the whole legislature.
Deregulation: progressive suppression of norms issued by public authority that regulate, in particular, economic activity. In practice this means the abolition of controls having social objectives that limit the free initiative of entrepreneurs.
Direttiva comunitaria [Community Directive]: in European Community Law a directive is a legislative instrument that is binding on the Member-States to which it is addressed as regards the result to be obtained, but leaves them free to determine the form and methods.Directives may be adopted under the European Community Treaty either by the European Parliament and the Council or by the Council or by the Commission. The Community institutions use "Regulations" more often than "Directives" in judicial cooperation in civil matters. Once adopted, Community Directives still have to be transposed by each of the Member-States, that is to say they must be implemented by national Law.
Diritto amministrativo [Administrative Law]: branch of the Law that regulates, within the bounds of the Constitution and of the Law, the administrative activity of the State in all its facets. It is concerned with the organization, property, means, forms and the safeguarding of the activity of the Public Administration.
Diritto costituzionale [Constitutional Law]: the fundamental principles and regulations of the State, citizens and all other community parties. These regulations are contained in the Constitution (see"Costituzione") and in the constitutional laws.
Diritto internazionale [International Law]: set of rules on which States regulate their political, economic and social relationships. Amongst International Law sources, international Treaties are of particular importance.
Diritto pubblico [Public Law]: set of regulations that govern the formation, the organization and the activity of the State and Public Bodies, as well as their relations with private parties in cases in which the State or Public Bodies are in a position of superiority that derives from the fact that the latter are acting as public authorities.
Disegno di legge [Draft Bill]: normative text drafted as articles, proposed for the approval of the Senate, presented by the Senators, the Government, at least fifty-thousand electors, a Regional Council or by the "Consiglio Nazionale dell'Economia e del Lavoro" (CNEL - National Council for the Economy and Work). In the Chamber of Deputies a "Progettodi legge" (bill) issued by the Government is referred to thus (in order to distinguish it from a "proposta di legge", which is not proposed at the initiative of the Government).
Disposizioni sulla legge in generale o preleggi [Provisions for law in general or Pre-laws]: norms that are premises of the Civil Code that regulate the entire Italian legal system. There are two types: the first is concerned with Law sources; the second sets norms in relation to Law application criteria (binding effect, effects over time, interpretation of Law, and treatment of foreigners).
Disposizioni transitorie e finali della Costituzione [Transitional and Final Provisions of the Constitution]: provisions, marked by Roman numbers, which contain norms that have the same formal value as the Constitution. The majority of these are aimed at regulating and guaranteeing, by means of transitional norms, the correct establishment of the new constitutional regime.
Elettorato [Electorate]: the exercise of a public power attributed to all the electors expected to vote. Belonging to the electorate is documented and attained through being registered in the electoral register. It can be distinguished as "active" (the capacity to vote) and "passive" (the capacity to be elected).
Elezioni [Elections]: popular consultation through which the citizens, with the exercise of their right to vote, choose their representatives in the various institutional organizations (e.g. Parliament).
Enti locali [Local Bodies]: public bodies that operate in a restricted territorial area for matters that are of strictly local interest; in order to carry out this task they are, at various levels, politically and legally autonomous.
Enti pubblici [Public Bodies]: legal persons through which the Public Administration carries out its administrative activity.
Federalismo [Federalism]: model of State decentralization, typical of liberal-constitutional governments, in which political power is constitutionally shared between a (central) federal State and its Member-States (Cantons, Länder, etc.).
Fonti del diritto [Sources of the Law]: each of the various types of facts or acts that, in the context of a given legal system, can give rise to, can modify or cancel legal norms. These acts or facts are referred to as "sources of Law production", while norms of constitutional nature that grant them the power to produce laws are referred to as "sources on Law production". Both are referred to as "Law sources in the formal sense".
Forma di governo [Form of Government]: the way in which the political power of a State is organized and managed. In particular, in relation to the way in which executive and legislative power is divided, the form of government can be parliamentary or presidential.
Funzione pubblica (Dipartimento della) [Public Administration (Department for)]: activity carried out in the interest not only of the party exercising that power but of the community as a whole. All the functions of the State are included in this notion (legislative activity, jurisdiction and administration).
Gazzetta Ufficiale [G.U. - Official Gazette]: periodical publication (published by the State Printing Office) that has the scope of diffusing awareness of laws and decrees and to establish the date from which they come into force. As well as normative acts, the Official Gazette publishes all acts of public interest and the notifications and insertions that must be compulsorily announced.
Gerarchia delle fonti del diritto [Hierarchy of Sources of the Law]: way of distinguishing different Law sources according to their importance. The most important source in Italian legal system is the Constitution.
Giunta comunale [Communal Board]: government organ of the Commune. It carries out proposal and orientation activities with regards to the Communal Council. It collaborates with the Mayor in the administration of the Commune and operates through collegial deliberations fulfilling the acts that are not exclusive to Communal Council or that do not fall within the competencies, in accordance with the laws or the Statute, of the Mayor or other organs of decentralized authority.
Giunta provinciale [Provincial Board]: executive organ of the Province. Its competencies include general active administration for all matters that are not attributed to other provincial organs.
Giunta regionale [Regional Board]: executive organ of the Region. It has general administrative competence and the power to issue circulars and to regulate its working through specific internal regulations. Also, it has the task of enacting the political program drawn up by the Council. It can promote bills and laws and can impugn the constitutionality of State or other Regions laws that impinge on its competence.
Giurisdizione [Jurisdiction]: it is one of the three typical modes by which the sovereignty of the State is enacted. It consists in public and autonomous authority aiming at the concrete application of the laws of the legal system and it is attributed to particular organs of the State, which as a whole constitutes the "Judicial Authority".
Giustizia amministrativa [Administrative Justice]: the complex of institutions that are predisposed for the defense of the citizens or of public or private organizations with respect to the Public Administration. The organs of Administrative Justice are the Regional Administrative Courts ("TribunaliAmministrativi Regionali" - TAR) and, at a secondary level, the Council of State.
Governo [Government]: complex body to which the exercise of the executive power of the State is principally attributed. It consists of a Prime Minister and Ministers, who together make up the Cabinet. The President of the Republic nominates the Prime Minister and, on the suggestion of the latter, the Ministers. The Government also has certain normative powers that are exercised through the enactment of decree laws, legislative decrees and regulations.
Guardasigilli [Keeper of the Seals]: he is the Minister of Justice who, by tradition, is the custodian of the State Seal and in this role countersigns laws and decrees in order to their publication.
Iniziativa legislativa [Legislative Initiative]: is the first step in the "legislative procedure" for creating laws. A bill is drafted in paragraphs and articles and is presented to one of the Houses where it is debated. Those empowered to set this process in motion are: the Government, individual Members of Parliament, the electorate, the National Council for the Economy and for Work ("Consiglio Nazionale dell'Economiae del Lavoro" - CNEL) and, in the areas of their competencies, Regional and Communal Councils.
Interpellanza [Interpellation]:inspection act consisting of a written question made by a Member of Parliament to the Government (or to a Minister) in order to understand the latter's behavior or intentions with respect to particularly important or general matters. Unlike a parliamentary question, an "interpellation" must be illustrated by its presenter and is always discussed in full Assembly (whilst a question can also be answered in a Committee) with the aim of obtaining an answer from the Government on subjects that are considered worthy of debate.
Interrogazione [Parliamentary Question]: political inspection act consisting of a written question made by a Member of Parliament (usually of the Opposition) to the Government or to a Minister on a particular situation in order to be granted information or explanations with regard to a particular issue or the provisions that have been made or will be made in its regard.
Istituto Poligrafico e Zecca dello Stato [State Printing Office and Mint]: it is a body of public economic Law. Set up in 1928, it is under the control of the Ministry of Treasury, the budget and the financial planning. It has the task of exercising graphic arts in the interest of the State, the management of publications and of the State Stationery Office. It publishes the Official Gazette of the Republic and distributes public databases. To its original tasks, others - such as minting, the creation of official seals, and, on the authorization of the Treasury, minting for foreign States - have been added.
Italgiure: online legal database realized by the Italian "Centro Elettronico di Documentazionedella Corte Suprema di Cassazione" (Documentation Electronic Center of the Supreme Court of Cassation). It contains about forty databases of legal electronic documents (regarding legislation, jurisprudence, legal authority and bibliographies). It can be consulted through the ItalgiureFind querying language or via "Easy-Find" software. The ItalgiureWeb querying system is currently available on the Web and is freely accessible only to normal magistrates.
Iter legislativo [Legislative Iter]: expression commonly used to indicate the course that a bill or any other text presented to Parliament must follow before arriving at a definitive vote.
Lavori parlamentari [Parliamentary Works]: activities carried out by Parliamentary Assemblies, Boards, Groups and Committees, as well as by other bodies in accordance with Parliamentary Houses regulations, adopted to ensure the proper functioning of Parliament itself.
Lavori preparatori [Preparatory Works]: activities that precede the approval of legislative acts. These include the illustration of bills and their debating in Assembly. The preparatory works of parliamentary laws are particularly important and are registered in "Raccoltedegli Atti parlamentari" (Parliamentary Act Collections).
Legge costituzionale e Legge di revisione costituzionale [Constitutional Laws and Constitutional Revising Laws]: Law sources of a constitutional nature that are added to the text of the Constitutional Charter and that, differently from ordinary laws, must be passed by Parliament with specific procedures that are set out in the Constitution itself.
Legge delega [Delegated Law]: it is a provision that defines the subject and the principles that the Government must keep to in enacting a specific legislative decree.
Legge ordinaria [Ordinary Law]: it is a provision that is adopted by Parliament, with the approval of both the Houses - of "Deputies" and of "Senators", is enacted by the President of the Italian Republic and published in the Official Gazette.
Legge regionale [Regional Law]: it is a provision approved by the Regional Council, enacted by the Regional President and published in the Official Gazette.
Legislatura [Legislature]: actual length of time of a parliamentary mandate (five years) for each House (of "Deputies" and of "Senators"), excepting in the cases in which they may be dissolved prematurely, or prorogated because of a war. It is articulated into "sessions" and "sittings".
Maggioranza di governo [Government Majority]: coalition of Parties that has obtained the majority of seats in Parliament and that supports the Government.
Maggioritario [Majority System]: electoral formula that divides up national territory into uninominal or plurinominal constituencies. In uninominal constituencies, the seat is usually assigned to the candidate who has had the relative majority of votes. In plurinominal constituencies, the list that has obtained the relative majority of votes is given the absolute majority of seats or receives a bonus that is a greater number of seats than that which proportionally reflects the electoral result.
Magistratura [Magistracy]: in its wider sense this term includes the whole body of public functionaries, whether their offices are legislative, judicial, executive or administrative. In a more restricted and usual meaning, it denotes the class of officers who are charged with the application and execution of the Law.
Ministero [Ministry]: State bureaucratic apparatus that operates in a specific sector of Public Administration. It depends directly on the central organ of Government as a Minister, who administrates its activities, is placed at its head.
Ministro [Minister]: constitutional organ of the central Administration of the State. It has political and administrative functions and it contributes to the policies of Government in a specific sector of administrative activity.
Ministro senza portafoglio [Minister without Portfolio]: Minister invested with the political-constitutional authority of member of the Government as a collegial organ. He is not, however, at the head of a Ministry but is assigned to carry out tasks of political-administrative nature, which mostly consist in initiative, coordination and inspection functions.
Norma giuridica [Legal Norm]: abstract, general and prescriptive rule whose breach involves a sanction.
Norma interna [Internal Norm]: regulation made by a Public Administration regarding the carrying out of its functions and the way in which its activities are run.
Organizzazione per la Cooperazione e lo Sviluppo Economico [O.C.S.E. - Organization for Cooperation and Economic Development]: international organization set up in 1960 to aid the economic growth of its Members and the development of international trade.
Organizzazione delle Nazioni Unite - ONU [United Nations - UN]: it has been founded in 1945 in order to guarantee peace and international security, economic and social development of the world's populations and the respecting of human rights and fundamental liberties.
Ordinamento giudiziario [Judicial System]: set of norms that regulates judicial functions and the status of the people to which they are assigned.
Parlamento [Parliament]: constitutional organ elected by the citizens and made up of the "House of Deputies" and the "Senate of the Republic". Its main functions are of a legislative, inspection and policy nature.
Parlamento Europeo [European Parliament]: legislative organ of the European Union, made up of the representatives of the people of the Member-States who are elected, as from 1979, every five years by direct universal suffrage.
Prassi amministrativa [Administrative Practice]: a succession of acts of similar kind carried out by the Public Administration, even without the belief they are obligatory. It is not a source of Law and has no effect on legal system, but it can be used for the interpretation of administrative acts.
Prassi costituzionale [Constitutional Practice]: repeated or customary actions with which constitutional organs concretely carry out their assigned tasks. Only a few specific "behavioral practices" followed by the constitutional organs of the State are derived from them.
Prefetto [Prefect]: representative of the Government in the Provinces. Nominated by a decree of the President of the Italian Republic on the suggestion of the Interior Minister and after a Cabinet consultation, he has functions that cover all branches of the State administration and, through the Provincial Committee for Public Order and Security, coordinates the strategy for public security in the Province together with the Police Superintender and other Provincial Commanders of the Police Force.
Presidente del Consiglio [Prime Minister]: constitutional organ that has the function of coordinating and directing the Council of Ministers. He is nominated by the President of the Italian Republic following a specific procedure that consists mostly in a series of consultations with Parties leaders and Houses Presidents. The Prime Minister creates the Government and draws up its program; he has also the power to propose the nomination of individual Ministers to the President of the Republic.
Presidente della Repubblica [President of the Republic]: he is the highest institutional office of the State and is elected by Parliament in a plenary sitting and the representatives of the Regions. All citizens over forty-nine years, who have full civil and political rights, can be elected to this office.
Presidenti delle Camere [Houses Presidents]: the Presidents of the Chamber of Deputies and the Senate are the organs that preside over the functioning of each House. A qualified majority is required for their election. Institutionally they are "impartial organs" and safeguard the autonomy of the Chambers with respect to other State Authorities. They hold "constitutional attributes" such as the power of extraordinary convocations of the Chambers and have the right to be consulted by the President of the Republic before the Chambers are dissolved.
Presidenza del Consiglio dei Ministri [Prime Minister's Office]: institutional structure that supports the activity of the Prime Minister.
Presidenzialismo [Presidential System]: form of government characterized by a rigid separation of authority. In this system, the President is elected directly by the people and is contemporaneously Head of the State and Head of the Government.
Procedimento legislativo [Legislative Procedure]: set of acts aiming at the laws making in which both Chambers take part.
Procura della Repubblica [Office of the State Prosecutor]: office that is part of the Italian judicial system, to which the magistrates who carry out the functions of Public Prosecutor are assigned.
Promulgazione delle leggi [Enactment of Laws]: it is an act of laws control that must be carried out by the President of the Italian Republic within a month from the approval of both Chambers of Parliament. The President controls the law's constitutional legitimacy. With enactment, the law becomes enforceable; binding effects for citizens, however, only follow the publication on the Official Gazette of the Republic.
Progetto di legge [Bill]: it is a normative text drafted in articles that is proposed for approval to one of two Chambers. It is presented by a Member of Parliament, the Government, at least fifty-thousand electors, a Regional Council or by the National Council for the Economy and Work ("Consiglio Nazionale dell'Economia e del Lavoro" - CNEL). The term is used above all in the Chamber of Deputies, where it is distinguished between "disegno di legge" (to indicate a law proposed by the Government) and "proposta di legge" (which is proposed on different initiatives). In the Senate, the term "disegno di legge" is normally used for all legislative initiatives.
Proposta di legge [Bill]: expression that in the Italian Chamber of Deputies traditionally means a law that is not proposed at the Government initiative, whilst in the Senate the legislative initiatives are denominated as "disegni di legge".
Provincia [Province]: territorial public body that is in between the Commune and the Region. At the head of each Province there is a President of the Provincial Government, who is elected directly by the citizens.
Provvedimento amministrativo [Administrative Provision]: public authority act that provides for one or more concrete cases and with respect to one or more subjects.
Pubblica Amministrazione [Public Administration]: the directly pre-ordained organs and activities that carry out the tasks and the aims considered to be of public interest by the State community.
Pubblicazione della legge [Publication of Law]: the act by which a law is officially made public. It is an act of communication that makes a law operative. A law is published - in the Official Gazette of the republic - within and not beyond thirty days from its enactment.
Pubblico Ministero [Public Prosecutor]: it is an organ of the State present at the "Corte di Cassazione" (Court of Cassation), at the "Corti di Appello" (Courts of Appeal), at the "Tribunali ordinari" (Ordinary Courts) and at the "Tribunali per i minorenni" (Juvenile Courts). Moreover, in each Office of the State Prosecutor attached to the Courts located in the District capitals there is a "Direzione Distrettuale Antimafia" (District Anti-Mafia Division). These divisions are made up of prosecutors specialized in investigating organized crimes. The offices of the "Pubblico Ministero" are held by career judges who exercise their functions under the supervision of the Minister of Justice. Their task is to ensure that the laws are observed, that justice is administered promptly and regularly, that the repression of crimes is promoted (they are entitled to start a criminal action) and that security measures are enforced.
Quorum: legal number required for an assembly or a collegial body voting to be valid.
Raccolta ufficiale degli atti normativi della Repubblica Italiana [Official collection of the normative acts of the Italian Republic]: contains legislative provisions of the State and all Government acts for solely documentary purposes.
Raccomandazioni [Recommendations]: this is the term used in European Community Law for acts emanated by the European Commission or by the Council of Europe that are not legally binding. They have the precise scope to oblige those to whom they are aimed to adopt a comportment judged to correspond more with the European Community interests.
Referendum: direct popular consultation of the electorate through a vote whose object is a legal text or a political question. It is the most important institution of direct democracy seeing as it is a tool by which the people exercises its sovereignty without the intercession of intermediaries. Our legal system envisages: a) the constitutional referendum, for the adoption of laws that modify or add to the Constitution; b) the repealing referendum, for the repeal of a law that is in force; c) the territorial referendum, for the modification of Regional, Communal or Provincial territory; d) the consultative referendum, non-legally binding on questions of particular relevance at the Regional level.
Regione [Region]: is a public territorial body which has legal and administrative competencies. A President who, depending on Regional Statutes, can be elected directly by the citizens or chosen by the Regional Assembly, heads it. There are "Special Statute Regions" for which the Constitution, for political, ethnic and economic reasons, reserves a special treatment and there are "Ordinary Statute Regions".
Regolamenti [Regulations]: legal provisions that regulate specific matters within the limits set by the law. Governmental regulations are approved by a Presidential decree; ministerial regulations are approved by the competent Minister with a Ministerial decree.
Regolamenti comunitari [European Community Regulations]: are the most important normative sources for the European Community Law; they are legally binding and are applied directly in each State of the European Union.
Repubblica [Republic]: form of government in which the Head of State, who can be a single person or a body, is elected by the people directly or indirectly, i.e. through its representatives (Parliament).
Rinvio delle leggi (Potere di) [Returning of laws to the Chambers of Parliament, Power of]: power given by the Constitution to the President of the Republic; its exercise constitutes a veto that temporarily suspends the approval of a law by the Houses.
Risoluzione [Resolution]: in the European Community Law consists in an act adopted by the European Parliament that makes a unanimous statement on a report presented to it by one of its Committees. Resolutions are amongst the "atypical acts" of the European Community, especially when representatives of the Member-States, sitting as the Council of Europe, adopt them.
Risoluzione parlamentare [Parliamentary Resolution]: is a tool that has the function of parliamentary orientation. It can be presented in Assembly or in Committee.
Sanzione [Sanction]: consequence (fine, imprisonment, etc.) that a legal norm provides when it is broken.
Sentenza [Sentence]: jurisdictional provision containing a decision, pronounced by the judge in a trial. Normally it is the concluding or final act of a judgment. Its form is established by Law: it is passed "in the name of the Italian people", with the title "Italian Republic", and it contains a disposition (the pronouncement in short of the judge's decision) and its grounds (the statement of reasons for decision in judgement).
Sindacati [Trade Unions]: collective organizations that represent the interest of specific categories of people (for example the workers).
Sindaco [Mayor]: individual, head of the Communal government and officer of the State.
Sistema elettorale [Electoral System]: complex of rules and procedures through which, on the basis of votes cast by the citizens, seats are assigned to the elected members.
Sovranità [Sovereignty]: authority to establish rules and to have them observed.
Stato [State]: territorial organization that is created through the political organization of a people that are stably set in a territory and under the authority of a government.
Stato federale [Federal State]: political organization where power is split by a system that allows the Member-States to conserve some sovereignty.
Tribunale Amministrativo Regionale (T.A.R.) [Regional Administrative Court]: organ of the Italian judicial system. Its jurisdiction covers the adjudication at first instance of administrative provisions appealed on grounds of legitimacy (that is of compliance with the law) damaging a legitimate interest (that is, the interest of an individual corresponding to a general public interest). In some contexts, the Court has the power to adjudicate on the merits of a case or has exclusive jurisdiction. The Regional Administrative Court has competence within its own geographical jurisdictional area, which coincides with regional boundaries and has its offices in the regional capital. It has several different divisions and decisions are made by a panel of three judges. Appeals against its decisions are made to the Council of State.
Testo Unico [Consolidation Act]: a collection of norms that regulate a particular matter. It is approved by a Presidential decree.
Trattati internazionali [International Treaties]: are sources of international Law. They are agreements through which the States establish common rules of behavior (financial, fiscal agreements, etc.) or institute or modify international bodies.
Tribunale [Ordinary Court]: has jurisdiction in both civil and criminal matters over a geographical area called "circondario". This Court may adjudicate as a collegiate court (with three judges sitting) or with only a single judge. The decisions of the Ordinary Court may be challenged on appeal to the Court of Appeal for reasons based on the facts giving rise to the dispute (on the merits) and before the Court of Cassation on appeal on grounds related either purely to the Law (relating to legal legitimacy) or to jurisdictional powers (jurisdictional grounds). The Ordinary Court also exercises the functions of a Tutelary Court together with other specific functions laid down by the Law.
Tribunale dei Ministri [Ministers Court]: special jurisdictional organ - organized by lot in each Court that is a seat of an Appeal Court District - that judges the penal responsibility of Ministers.
Unione Europea [European Union]: economic, political and institutional organization with very broad competencies to which the majority of European countries already belong.
Vacatio legis: period of time between the publication of a law and its coming into force.
Voto (diritto al) [Vote, right to]: it is the right, belonging to all citizens, to elect their representatives in Parliament or in other representative organs of the State (Regions, Provinces, Communes, Districts).
Welfare State: expression that indicates the system in which the State takes on the task of promoting the welfare of its citizens through institutional activity (health care, social security pensions, etc.).
3. Free of Charge Legal Databases
The following is a list of sites available free of charge.
· Normattiva.it. The system contains the Italian Constitution, the Codes, Official Gazette of the Italian Republic, the Laws of the Italian State and the Regions, but also approved laws pending publication [see paragraph C.1.];
· Gazzetta Ufficiale. From January 1, 2013, the Ministry of Economy and Finance, in agreement with the Ministry of Justice and with the contribution of the Polygraphic Institute and State Mint, makes the Official Gazette, in its various series, available free of charge in digital format. Through the website of the Official Gazette you can also access the "Banche dati" section (Archive of Medicinal Specialties; European Directives, Legislative Collections, and Land Registry);
· Parlamento Italiano (ItalianParliament). Through the Italian Parliament website, we have access to the Italian State Laws (from 1996 until the Seventeenth Legislature: Indices of Laws, Laws most required, Laws by thematic area, Legislative Proposals, Decree-Laws, Legislative Decrees). The Chamber's website (Sixteenth Legislature) contains the current text of the Italian Constitution (in Italian, English and French), and the Rules of Procedure of the Chamber of Deputies. The Rules of Procedure of the Senate can be consulted on the institutional site. As far as the Italian Constitutional Laws we suggest the Wikipedia site to the corresponding entry. The Single Text of the Electoral Laws is accessible within the Chamber's website;
· With regards to the Italian Constitution and the main Codes we refer to the following sites: Normattiva (Costituzione e Codici), LeggeOnLine (Codici), Infoleges (Costituzione), Infoleges (Codice Civile), Codici Altalex, Codici Simone (in addition to the Italian Constitution, this site contains only the Civil and Criminal Codes with the related Procedures), The Cardozo Electronic Law Bulletin (Costituzione e Codice civile).
· the Corte Costituzionale (Italian Constitutional Court) website offers, in addition to Normative Texts, the Court's Jurisprudence (Decisioni - Court Decisions, Massime - Summaries of Judgements, Dottrina a commento - Commentaries in the Legal Doctrrine) from 1956 to the present;
· in the field of Constitutional Law we have also the "Consulta Online" website, in which it is possible to search normative texts of constitutional relevance and the Constitutional Court decisions (until from 1956 up until today), as well as "Cronache" (Current Events), "Fonti" (Legal Sources), "Eventi di interesse costituzionalistico" (Events of Constitutionalist Interest), "Studi" (Scientific Contributions and Surveys);
· in the "Giustizia Amministrativa" (Administrative Justice) website there are databases relative to the judicial activity (Ricorsi, Sentenze, Decreti, Ordinanze -Recources, Judgements, Decrees, Ordinances) of the Consiglio di Stato (Council of State) and the Tribunali Amministrativi Regionali (TAR - Regional Administrative Courts). In the section "Case Law and Legal Opinions" there is a list of structured items for the research of information;
· the Corte dei Conti website contains a database of the Court judicial decisions from 2001 to the present;
· the databases of the Corte Suprema di Cassazione are free of charge only for specified categories of users (see here).
Italian Legal Literature:
· DoGi (Dottrina Giuridica Italiana) database is actually available free of charge at the Internet address, whereas it is distributed by subscription from Infoleges;
· free of charge is indeed the consultation of the "Iusimpresa" database (in Italian, English, French, German, Spanish, Portuguese), that is a 'transversal' collection of legal information covering the following areas: Private Law, Administrative Law, Civil Law, Law of Banking and Financial Intermediation, Labour Law, Commercial Law, Insolvency Law, Industrial Law, Criminal Law, Tax Law, European Union Law, Information and Communication Technologies Law, Accountancy, Economics and Finance. The archive provides the user with the following bibliographical data: author; title of the article, case note or monograph; title of the journal in which the article or the case note is contained and the name of the publisher. You can perform, in addition to the basic search, advanced search, search by keyword and search for case notes;
· Italian Legal Literature relative to many sectors of the Law is accessible on the "Diritto & Diritti" Portal at this URL;
· the Italian Legal Literature with relevance for specific areas is often available in the corresponding websites (see, for example, in addition to the above-mentioned sites, "AmbienteDiritto");
· some websites contain as legal literature as legislation and judicial decisions, especially in relation to determined fields of the Law (see, for an example, the mentioned site "Diritto & Diritti").
Detailed information and helpful suggestions on the free access legal databases are also available - in addition to paragraphs D1 and D2 of this Guide - in the "Reasoned Guide" Banche dati e risorse giuridiche online di tipo "generalista" accessibili gratuitamente, edited by Giacomo Oberto, at this Internet address.
 Sarah E. Thomas, ("Carl A. Kroch" Cornell University Library), in her interesting article L'impiego del Portale per l'individuazionedi risorse elettroniche specialistiche says: "Il termine 'portale' è diventato molto di moda e spesso è usato in modo piuttosto improprio" (The term 'portal' has become very fashionable and is often used in a rather incorrect way). The New York Times cites more than 1.000 meanings in its articles from 1996, and there are hundreds of vertical portals (specialized in a category of information, like a discipline, or a user group, like academics) or open, general portals, like AOL ("America On Line").
 See Marco Calvo, Fabio Ciotti, Gino Roncaglia, Marco Zela, Internet 2004, Bari, Laterza, 2004. A web portal, also known as a links page, presents information from diverse sources in a unified way; apart from the standard search engine feature, it offers other services such as e-mail, news, information and databases. Currently this book is freely downloadable online (see here).
 Among the examples, we can cite My Yahoo.
 Today, the TESEO classification system ("TEsauro del SEnato per l'Organizzazione dei documenti parlamentari" - Senate Thesaurus for the Organization of Parliamentary Documents) is used on the most important parliamentary databases of the Senate and the Chamber of Deputies (bills, parliamentary questions and commissions, grey literature, Senate's non-legislative procedures, etc.) and consists of a Thesaurus containing about 3.000 descriptors.