Constitutional Justice The Constitutional Court The approval of a written and `rigid' Constitution, that is subject to any revision by a more stringent process than that established for the approval of ordinary laws, induced the Assemblea Costituente to give to a Constitutional Court the duty of judging the constitutional legitimacy of laws and the power to annul rules of law contrary to the Constitution. The principal task therefore of the Constitutional Court is to rule on all questions concerning the constitutional legitimacy of a law or act having the force of law. In addition, the Court has jurisdiction over conflicts among State powers; judgement in indictments against the Head of State, President of the Council and Ministers; and decision over the admissibility of referendums repealing a law. The Constitutional Court is composed of 15 judges: one third nominated by the President of the Republic; one third elected by both chambers of parliament sitting together; and the final third designated by the supreme judiciary of the Republic (3 from the Corte di Cassazione, 1 from the Consiglio di Stato and 1 from the Corte dei Conti). For cases of indictment the Court is enlarged with 16 associated judges, drawn by lots from a list of 45 that is compiled by Parliament every nine years. The ordinary judges of the Court must be chosen from advocates with at least twenty years of professional experience; magistrates, also in retirement, from the upper ordinary and administrative jurisdiction; and full university professors of law. The judges stay in office for nine years and cannot be re-appointed. Associated judges, only for indictments, need the same requisites to be eligible as senators: to have passed forty years of age and possess civil and political rights. The Constitutional Process The Constitutional Court passes judgements on controversies concerning the constitutional legitimacy of laws and acts having the force of law of the State and Regions. The process is usually proposed by the State or the Regions. In the former case, the State may contest the legitimacy of regional laws that seem to exceed the limits set by the Constitution; in the latter case, the Regions may challenge State laws invading regional jurisdiction or laws of other Regions, on the same grounds. The constitutional process can also be put in motion exceptionally during any phase of a trial, whether by one of the parties or the judicial organ. The judge must above all consider whether the question of constitutionality is relevant to the case being examined. If he decides that it is, he will announce so along with the supporting grounds. If the question is not relevant or is clearly unfounded the judge can reject it. The Other Jurisdictions of the Constitutional Court They are: Resolution of Conflicts of Power. Judgement in Indictments and Decision over the Admissibility of Repealing Referendums. The Constitutional Court is required to resolve conflicts of jurisdiction among the different powers of the State. The conflict can be positive or negative. In the first case, the conflicting powers claim jurisdiction over a particular matter and the Court must decide on the rightful claimant. In the second case, constitutional responsibility is denied by the parties and the Court must establish which is in breach of its duties. When acting as judge in cases of parliamentary indictment of the President of the Republic for high treason or offences against the Constitution, or the President of the Council and Ministers for offences committed in the exercise of their offices, the Constitutional Court assumes a special composition, with the addition of sixteen associated judges. Besides imposing punishment with in the maximum limits of the criminal laws in force at the time of the offence, the Court may also announce in its sentence dismissal from office, prohibition from holding public position and even reparation of the damages caused. The Constitutional Court, finally, judges the admissibility of repealing referendums, as provided by Article 75 of the Constitution. It has to take into account the excluding outlines established in the second clause of the said Article, where it states that the referendum is inadmissible for taxation and budgetary laws, amnesties and free pardons, and the authorization and ratification of international treaties.