
ITALIAN CONSTITUTION
91 - 105
Article 91 [Oath of Loyalty]
The president, prior to taking office, has to swear before parliament in joint session an oath of allegiance to the republic and the constitution.
Title III The Government
Section I The Council of Ministers
Article 92 [Executive Power]
(1) The government of the republic consists of the prime minister and the ministers jointly constituting the council of ministers.
(2) The president appoints the prime minister and, on his advice, the ministers.
Article 93 [Oath]
The prime minister and the ministers, prior to taking office, are sworn in by the president.
Article 94 [Vote of Confidence]
(1) Government has to enjoy the confidence of both chambers.
(2) Confidence is granted or withdrawn by each chamber on a reasoned motion by vote using a roll-call.
(3) The government has to appear before each chamber no later than ten days after its appointment to get a vote of confidence.
(4) The rejection of a government proposal by a chamber does not force government resignation.
(5) The request for a vote of no-confidence requires the signatures of at least one-tenth of the members of either chamber and is not debated until three days after it has been filed.
Article 95 [Responsibilities]
(1) The prime minister conducts and is responsible for the general policy of the government. He ensures the unity of general political and administrative policies, promoting and coordinating the activities of the ministers.
(2) The ministers are jointly responsible for decisions of the council of ministers and individually for those of their ministries.
(3) Rules concerning the role of the prime minister and the number, responsibilities and organization of the ministries are determined by law.
Article 96 [Ministerial Offences]
The prime minister and ministers, even if no longer in office, are subject to ordinary courts for offences committed in the exercise of their duties only in those cases authorized by the senate or the house of representatives according to procedures defined by constitutional law.
Section II Public Administration
Article 97 [Public Offices]
(1) The organization of public offices is determined by law ensuring the proper and fair operation of public affairs.
(2) Areas of competence, duties, and responsibilities of public officials must be defined in regulations on public offices.
(3) Appointments for public administration are determinde by public competition unless otherwise specified by law.
Article 98 [Independence of Officials]
(1) The duty of public officials is only to service the Nation.
(2) Officials who are members of parliament may not be promoted except for seniority.
(3) The right to become a registered member of political parties may be limited by law for members of the judiciary, professional members of the armed forces on active duty, police officials and officers, and diplomatic and consular representatives abroad.
Section III Auxiliary Institutions
Article 99 [National Council of Economy and Labor]
(1) As defined by law, the national council of economy and labor is composed of experts and representatives of several trades considering their quantitative and qualitative importance.
(2) The council offers advice to parliament and government for matters and purposes defined by law.
(3) The council has the right to initiate legislation and to contribute to economic and social laws following the principles and observing the limits defined by law.
Article 100 [Council of State]
(1) The council of state gives advice on legal-administrative matters and ensures justice in the operation of the public administration.
(2) The office of the state auditor exercises preventive control of the government and subsequent control of the state budget. It participates, in the cases and forms defined by law, in the fiscal control of those bodies to which the state normally contributes. It reports the results of its audits directly to the chambers.
(3) The law ensures the independence of these two institutions and their members from government interference.
Title IV The Judiciary
Section I Organization of the Judiciary
Article 101 [Administration of Justice]
(1) The justice is administered in the name of the people.
(2) Judges are only subject to the law.
Article 102 [Judges]
(1) Judicial functions are exclusively exercised by ordinary courts regulated by norms about the organization of the judiciary.
(2) There may not exist extraordinary or special judges. Only specialized sections for specific matters may be established within the ordinary courts; qualified citizens who are not members of the judiciary may take part.
(3) The law regulates the cases and forms of direct participation of the people in the administration of justice.
Article 103 [Council of State, Court of Accounts, Military Tribunals]
(1) The council of state and other administrative courts have jurisdiction over lawful claims under administrative law and over civil-law claims against the public administration in matters defined by law.
(2) The court of accounts has jurisdiction over public accounts and other matters specified by law.
(3) Military courts in time of war have jurisdiction according to the law. In time of peace they only have jurisdiction over military offences committed by members of the armed forces.
Article 104 [Independent Judiciary, Superior Council of the Judiciary]
(1) The judiciary constitutes an autonomous and independent branch of government not subject to any other.
(2) The superior council of the judiciary is chaired by the president.
(3) The first president and the general public prosecutor of the court of cassation are members by law.
(4) Other members are elected with two-thirds majority by all ordinary judges belonging to the different categories, and one-third by parliament in joint session, from among full professors of law and lawyers with at least fifteen years of practice.
(5) The council elects a vice-chairman from among the members designated by parliament.
(6) The elected members have a term of for four years and may not be immediately re-elected.
(7) They are not allowed, while in office, to be registered as members of the legal profession, nor become members of parliament or of a regional council.
Article 105 [Powers of the Superior Council]
The superior council of the judiciary, as defined by organizational law, has the exclusive competence to appoint, assign, move, promote, and discipline members of the judiciary.

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