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Declaration Of Rights Of Citizens And Of The Fundamental Principles Of San Marino Order

Original Language Title: Dichiarazione Dei Diritti Dei Cittadini E Dei Principi Fondamentali Dell'ordinamento Sammarinese

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LAW July 8, 1974 n.59 (published in the albo of the Public Palace on July 17, 1974).
Declaration of citizens' rights and fundamental principles of the
San Marino.

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 on 8 July 1974. The Council
Grande general, aware of the glorious traditions of freedom and democracy
of the Republic, in the determination of repudiating Fascism and every totalitarian conception of
State and to ensure the people of San Marino further civil, social and political
in the continuity of the life of the State and its essential institutions, adopts this
statement of citizens' rights and the principles to which we inform the organization and action of
constitutional powers.
Art. 1
The Republic of San Marino recognizes the rules of general international law as part
integral part of its domestic law, rejects war as a means of settling disputes between States
, adheres to international conventions concerning the rights and the freedom of man,
reconfirms the right to political asylum.
Art. 2
The sovereignty of the Republic resides in the people and is exercised in the statutory forms of representative democracy
. The law will regulate the Arengo and the other institutions of direct democracy.
Art. 3
The Captains Regent exercise the office of the Head of State under the principle of collegiality.
The Great and General Board is the policy-making function and the exercise of legislative power
.
The State Congress, politically responsible before the Council has the power of government.
If the Captains Regent urgency, having heard the opinion of the State Congress, adopt
decrees having force of law which shall be their subpage sti the ratification of the Great and General Council
within three months of the sentence their decline.
At the judicial bodies, established by egge, it is guaranteed independently in the exercise of their functions
.
The powers of the state act in mutual respect for independence and competence.
Art. 4
All are equal before the law, without distinzio the 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.
Art. 5
The rights of the human person shall be inviolable.
Art. 6
The Republic recognizes all the civil and political liberties. In particular, are guaranteed the freedom of the person
, domicile, residence and expatriation, of assembly and association, the event
of thought, conscience and religion. And 'it protected by the secrecy of communications in any way
they occur. The law may limit the exercise of these rights only in exceptional cases for grave
of reasons of public interest.
The art, science and teaching are free. The law provides citizens the right to education free and
.
Art. 7
Suffrage is universal, secret and direct.
Every citizen, age and conditions established by law, has the right to vote and be elected.
Art. 8
All citizens have the right to associate with democratic processes in political parties and trade unions.
Art. 9
Work is a right and duty of every citizen. The law guarantees the worker fair remuneration, the
holidays, weekly rest and the right to strike.
All citizens have the right to social security.
Art. 10
The property is private economic initiative are guaranteed. The law prescribes limits to protect public interest
.
The expropriation of private property is permissible in the manner provided by law, for the purpose of
public interest and with adequate compensation.
The Republic protects the historical and artistic heritage and the natural environment.
Art. 11
The Republic promotes as part of the study, work, sports and recreational activities, the
personality development of young people and their preparation for the free and responsible exercise of fundamental rights
.
Art. 12
The Republic protects the family institution founded on moral and legal equality of spouses.
Every mother has the right to the assistance and it protezi community.
The law will ensure that children born out of marriages every spiritual protection, legal and social
ensuring the same treatment as legittim children.
Art. 13
All citizens have the obligation to be faithful to the laws and institutions of the Republic of

Participate in his defense, and contribute to public expenditure because of their ability to contribute
.
No benefit asset or personnel may be imposed except by law.
Art. 14
The activities of the public administration shall observe criteria of legality, impartiality and efficiency.
The law will establish the obligation to state reasons for administrative measures, and the
with the parties concerned.
Public officials respond for acts prejudicial to the rights of citizens, in the manner established by law and limits
.
Art. 15
And 'guaranteed judicial protection of individual rights and legitimate interests before the organs of ordinary and
administrativ jurisdictions.
The right to defense is protected at every stage of the judicial process.
The law ensures the fluency, the cost-effectiveness and independence of judgments: the exceptions statutory
, judges may not be citizens of San Marino.
The punishments, human and re-education, may be imposed only by the judge previously ascertained by law, and only
under rules not retroactive.
The defendant is not considered guilty until the final sentence.
Art. 16
The provisions of this statement may be subject to review by the
Great and General Council only by a majority of two thirds of its members.
The judges are required to observe the principles of this Declaration in the interpretation and application of the law
. If the legality of a rule is doubtful or controversial, the court may
ask the Great and General Council which esprma, having heard the opinion of experts.
Our Residence, this day of 12 July 1974 to 1673 Foundation of the Republic THE CAPTAINS REGENT

Piva Ferruccio - Giordano Bruno Reffi

THE SECRETARY OF STATE FOR INTERNAL AFFAIRS
Giuseppe Lonfernini