Revision Of Law No 8 July 1974. 59- Declaration Of Citizens' Rights And Fundamental Principles Of The Sammarinese

Original Language Title: Revisione della Legge 8 Luglio 1974 n. 59- Dichiarazione dei Diritti dei cittadini e dei principi fondamentali dell'Ordinamento Sammarinese

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
LAW 26 February 2002 36



REVIEW OF LAW July 8, 1974 No 59- "DICHIAR
ACTION OF RIGHTS OF CITIZENS AND FUNDAMENTAL PRINCIPLES DELL'ORDI TION
SAMMARINESE"

We the Captains Regent of the Most Serene Republic of San Marino

Promulgate and publish the following law approved by the Great and General Council
its meeting of 26 February 2002.

Art.1 The preamble of Law 8 July 1974 59 is replaced by:
"the Great and General Council, aware of the glorious traditions of freedom and democracy
of the Republic, in the determination of repudiating every totalitarian conception of the state and in order to guarantee the people of San Marino
further civil, social progress and political continuity
the life of the State and its essential institutions, adopts this declaration of the rights of citizens
and principles to which we inform the organization and action of constitutional powers. ".

Art.2 Article 1 of Law No 8 July 1974. 59 is replaced by the following:
"The Republic of San Marino recognizes, as an integral part of its domestic law, the norms of international law
generally recognized and conforms to them his acts and conduct. It evens
the standards contained in international declarations on the subject of human rights and fundamental freedoms
.
Reappointment the right to political asylum. it rejects war as an instrument for the settlement of disputes between States and
conforms, in 'action int rnazionale, the principles enshrined in the Charter of the United Nations
.
the San Marino law recognizes, guarantees and enforces the rights and fundamental freedoms
set out in the European Convention for the protection of human rights and freedoms fundamental
.
the international agreements regarding the protection of freedoms and human rights, duly signed
and enforced, shall prevail in case of conflict over domestic legislation. ".

Art.3 Article 3 of Law No 8 July 1974. 59 is replaced by the following:
The Office of Head of State is exercised by two Captains Regent based on the principle of collegiality
.
The Captains Regent, appointed by the Great and General Council, representing the state in the
his unit. Are the guarantors of the constitutional supreme.
Preside over the Great and General Council and representing the Council in its entirety.
Chaired other organs on the basis of law and respecting the separation of powers.
In urgent cases they emanate reggenziali decrees, after hearing the opinion of the State Congress,
subject to ratification by the Great and General Council within three months, under penalty of forfeiture.
The Captains Regent are regularly informed by the State Congress of the
state affairs.
The constitutional law determines the guarantees and r responsibility of the Regency, which can
even more powers. A qualified law governing the appointment, organization,
operation and incompatibilities.
The Great and General Council composed of sixty members, has the legislative power, political
address determination and the exercise of control functions.
The electoral law adopted by an absolute majority, the election legislation, the grounds for ineligibility, forfeiture
, the regime of incompatibility of Councillors. A qualified law governing the
regime of responsibility and of Guarantees of Councillors.
The Directors are elected by direct universal suffrage for the duration of the legislature.
Their mandate ends with the dissolution of the Council or to the causes mentioned in the preceding paragraph.
The internal organization and the Great and General Council are governed by
Council Chamber Regulation, adopted by a majority of its members ssoluta.
Entrusted to it is the Council's articulation Commissions. The Regulations governing Council Chamber
also the role of the Groups and the Board's Representations.
The State Congress has the power to govern according to the principles of collegiality and responsibility
. And 'politically responsible to the Council which realizes both
collegially and individually, based on constitutional law.
The members of the Congress of State are appointed by the Great and General Council. The constitutional law
indicates and regulates the powers. A qualified law governing the organization and operation
; identifies the eligibility requirements, appointment procedures, incompatibilities,
forfeiture of individual members and of the State Congress;
Administration regulates the ordinary regime.

The State Congress may enact legislation in the form of regulations, subject to the
law. Emanates administrative decisions motivated in accordance with law.
It 'ensure the transparency and publicity of the acts of the State Congress.
The State Congress directs the public administration, while respecting its autonomy.
The public administration is the general interest, subject to the law and the principles set forth in Article

14. The judiciary bodies shall be set for the Constitutional gge, which governs also
responsibilities. They are subject only to the law. They are guaranteed full independence
and freedom of judgment in the exercise of their functions.
All judicial functions are exercised by the organs belonging to the judiciary.
A qualified law governing the forms of recruitment, appointment, the incompatibility of
judges and the organization and functioning of the judiciary.
The state bodies act in mutual respect for independence and competence.

Art.4 At the Law 59 of July 8, 1974 is the following Article 3 bis:
"The constitutional laws implementing the fundamental principles enshrined in this declaration.
They are approved in their entirety by the majority of two thirds of members of the Great and General Council
. If approved by the absolute majority are subjected to a referendum || | confirmatory within ninety days of their approval.
qualified laws governing the functioning of the constitutional organs as well
the institutions of direct democracy. they are approved by the Great and General Council with
absolute majority of its members. | || ordinary laws are passed by the Great and General Council by a simple majority
. by the same majority have ratified the decrees.
the legislative initiative is up to each director, to the Board's committees, the Congress of
State, the Township Councils and citizens on the basis of qualified law.
the Great and General Council may, by law, delegate to the Congress of State
the adoption of decrees having force of law, subject to ratification by the Great and General Council.
The custom and the common law are supplementary source in the absence of legislative provisions
.
The bills and amendments which imply, compared to the budget law, a
reduction in revenue, the creation of new expenditures or increase them, should indicate the means
to cope. ".

Article 5. Article 4 of the law of July 8, 1974 n. 59 is replaced by the following:
"All are equal before the law, without distinzio the sex, personal,
economic, social, political and religious.
All citizens have the right of access to public offices and elected positions
according to the procedures established by law.
The Republic guarantees equal social dignity and equal protection of rights and freedoms. Promotes
conditions for the effective participation of citizens in economic and social life of the country.. "

Art.6 Article 15 of Law 8 July 1974 n. 59 is amended as follows: || | "E 'guaranteed the judicial protection of individual rights and legitimate interests before
ordinary judicial bodies, administrativ and before the Guarantors of
constitutionality of rules.
The right to defense is protected at every stage of the judicial process.
The law ensures the fluency, the economy, the advertising and the independence of judgments.
The human and rehabilitative penalties may be imposed only by a lawfully constituted court, according to norms
not retroactive. Their retrospective application are provided only in the event that they are more favorable
.
The defendant is not considered guilty until the final judgment. Any form of restriction of personal freedom
, even for interim relief, is only allowed under the law.. "

Article 7. Article 16 of the Law of July 8, 1974 n. 59 is replaced by following:
"And 'established the Guarantors of the constitutionality of the rules. It is composed of three full members and three alternate members
, initially elected for four years by the Great and General Council
, with a majority of two thirds of its members, including full professors in legal subjects
, magistrates, graduates giurispudenza with at least twenty years of professional experience
under the law. After the first term, the Board is renewed for a third
every two years. The alternate shall replace the actual event one jumping off, for

Any reason, even incompatible due Ex ye ar of functions previously carried out
well as impediment or absence.
The Board shall appoint, from among its full members, in rotation and for a period of two years the President.
The College Guarantor:
a. verification, at the direct request of at least twenty Councillors of the State Congress, five
Township Councils, a number of voters representing at least 1.5% of the electoral body
as resulting from the last and final annual review of electoral lists, as well
part of pending cases at the courts of the Republic, on request of
judges or the parties to the dispute, the compliance of laws with the acts having the force of law to || | legislative content, as well as customary rules also having the force of law, the fundamental principles of the
under this law or this recalled;
B) decide in the cases provided by law, the admissibility of the referendum;
C) decides on conflicts between constitutional bodies;
D. Syndicate exercises on Captains Regent.
With constitutional law may be arranged additional powers.
Constitutional law determines the regime of responsibility of the College Guarantor and individual members.
A qualified law governing the incompatibilities regime, the functioning and organization of the College
, the forms of appeals and procedures, the effects of the decisions and arrangements of
conducted.
The cancellation effect of the incostituz onalità decisions, understanding the value of judged immediate
between the parties, is deferred for a period of six months. Within this period the
Great and General Council may legislate on the matter in accordance with the decisions of unconstitutionality.. "

Art.8 At Law 8 July 1974 n. 59 adds the following article: || | "the provisions of this statement may be subject to review by the
Great and General Council by a majority of two thirds of its members.
If the laws of revision of the provisions of this statement are approved
by the Great and General Council with the majority ssoluta, will have to undergo
confirmatory referendum within ninety days of their approval. "
Art

.9 Transitional Rule the constitutional laws and laws qualified for in the first and second subparagraph of Article 3a
of the Declaration of rights, introduced by this law, must be brought within three | || years after entry into force of this constitutional amendment.
the qualified law referred to in the fifth paragraph of Article 16 of this declaration must be made within six months
.
until the entry into force new Judicial Order to members of the Guarantor Auditors the decision
:
a. on conflicts of jurisdiction in proceedings instituted before the courts of the Republic;
b. on abstention and disqualification of judges and the Attorney of the Treasury ;
C. in the final instance on appeals filed in criminal cases, concerning
legitimacy of precautionary measures taken during the proceedings or the execution of
penalty;
D. on petition of the interested parties in the event of any discrepancy of first and second sentences
degree, civil and administrative;
E. on appeals for review of criminal judgments, gannets complaints of nullity and on appeals for
restitutio in integrum.
The functions referred to in the previous paragraph are assegnat by the Chairman of the Board individually
to individual members, actual or alternate, according to predetermined criteria and taking into account any
reasons of incompatibility. Art.10 Entry into force


This Law shall enter into force on the fifteenth day following that of its legal publication
.

Our Residence, this day of February 28 2002/1701 dFR

THE CAPTAINS REGENT
Alberto Cecchetti - Gino Giovagnoli