| SAN MARINO Republic of San Marino Repubblica di San Marino Joined United Nations: 2 March 1992 Human Rights as assured by their constitution Updated 04 March 2013 |
LAW July 8, 1974 n.59 (published among Audience Palace on 17 July 1974).
Declaration of citizens' rights and fundamental principles of the Sammarinese.
We Captains Regent
The Most Serene Republic of San Marino
Promulgate and send to publish the following law approved by the Great and General Council at its meeting of 8 July 1974.
The Great and General Council, aware of the glorious traditions of freedom and democracy of the Republic, in the firm intention to
divorce Fascism and every totalitarian conception of the State and to ensure the people Sammarinese further progress civil, social and
political continuity life of the state and its institutions, adopts this declaration of the rights of citizens and the principles that such the
organization and the action of constitutional powers.
Art. 1
The Republic of San Marino recognizes the norms of general international law as an integral part of its national, rejects war as a means of
settling disputes between States, adheres to international conventions regarding rights and freedom, the right to reconfirmation political
asylum.
Art. 2
The sovereignty of the Republic lies in the people, who exercise it in the statutory forms of representative democracy. The law will
govern the Arengo and other institutions of direct democracy.
Art. 3
The Captains Regent exercise the office of Head of State in accordance with the principle of collective responsibility.
The Great and General Council responsible for the political guidance in the exercise of legislative power.
The Congress of State, politically responsible before the Council has the power to the government. In urgent cases the Captains Regent,
after hearing the opinion of the Congress of State, may take decrees with the force of law that they will be subjected to ratification of the
Great and General Council within three months or face their decline.
The bodies of the judiciary, established by law, is guaranteed full independence in the exercise of their functions.
The powers of the State acting in respect of mutual independence and competence.
Art. 4
Everyone is equal before the law, without distinction of personal, economic, social, political and religious.
All citizens have the right of access to public office and to elected offices, according to the procedures established by law.
Art. 5
The rights of the human person are inviolable.
Art. 6
The Republic recognizes all civil and political liberties. In particular, they are guaranteed the freedom of the person's domicile, residence
and travel, assembly and association, of expression, conscience and religion. And 'safeguard the confidentiality of communications in any
way they occur. The law will restrict the exercise of those rights only in exceptional cases for serious reasons and public interest.
The art, science and education are free. The law assures citizens the right to study free.
Art. 7
The suffrage is universal, direct and secret.
Every citizen, age and conditions laid down by law, has the right to vote and stand.
Art. 8
All citizens have the right to associate with method democratic political parties and trade unions.
Art. 9
The work is the right and duty of every citizen. The law ensures workers fair pay, holidays, the weekly rest and the right to strike.
All citizens are entitled to social security.
Art. 10
The property is private economic initiative are guaranteed. The law prescribes the limits for the protection of the public interest.
The expropriation of private property is allowed in the manner prescribed by law, for the sake of public interest and adequate
compensation behind.
The Republic protects historic and artistic heritage and the natural environment.
Art. 11
The Republic promotes as part of the study, work, sports and recreational activities, the development of the personality of the young and
their preparation for the free and responsible exercise of fundamental rights.
Art. 12
The Republic protects the institution of the family based on the moral and legal equality of spouses.
Every mother has the right to the assistance and protection of the community.
The law will ensure that children born out of wedlock every spiritual protection, legal and social ensuring the equal treatment of legitimate
children.
Art. 13
All citizens have an obligation to be faithful to the laws and institutions of the Republic, to participate in his defence, and contribute to
public expenditure on account of their ability to pay.
No asset or personal benefit can not be imposed by law.
Art. 14
The activity of the public administration conforms to the criteria of legality, impartiality and efficiency.
The law will establish the obligation of the grounds of administrative measures, and the contradictory with stakeholders.
Government officials respond acts prejudicial to the rights of citizens, in the manner and limits established by law.
Art. 15
And 'guaranteed judicial protection of individual rights and legitimate interests sued in the courts of ordinary and administrative.
The right to defence is protected at every stage of judicial proceedings.
The law ensures the speed, cost-effectiveness and the independence of entry: unless the statutory exceptions, judges may not be citizens
of San Marino.
Penalties, human and rieducative, can be imposed only by a court previously established by law and only on the basis of rules not
retroactive.
The defendant is not considered guilty until the final.
Art. 16
The provisions of this declaration may be subject to review by the Great and General Council with a majority of two thirds of its members.
The judges are obliged to observe the principles of this declaration in the interpretation and application of the law. If the legality of a
standard to be questionable or controversial, the judge may request the Great and General Council that expresses, after hearing the opinion
of experts.
REVISION OF LAW No. 8 JULY 1974 59 - "DECLARATION OF RIGHTS OF CITIZENS AND FUNDAMENTAL PRINCIPLES
DELL'ORDINAMENTO SAMMARINESE"
We Captains Regent
The Most Serene Republic of San Marino
Promulgate and send to publish the following law approved by the Great and General Council at its meeting on 26 February 2002.
Art.1
The preamble to the Law on July 8, 1974 n.59 is replaced:
"The Great and General Council, aware of the glorious traditions of freedom and democracy of the Republic, in the firm intention to
divorce every totalitarian conception of the State and to ensure the people of San Marino further progress civil, social and political
continuity of life State and its institutions, adopts this declaration of the rights of citizens and the principles that the organization such
powers and the constitutional requirements. ".
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 national, international law recognized and generally conforms to them
his acts and conduct. It conforms to the rules contained in international declarations concerning human rights and fundamental freedoms.
Reconfirming the right to political asylum. Reject the war as a means of resolving disputes between states and conforms, in the
internationally recognised principles of the UN Charter.
The law recognizes Sammarinese guarantees and implementing the rights and fundamental freedoms set out in the European Convention
for the Protection of Human Rights and Fundamental Freedoms.
International agreements relating to the protection of freedom and human rights, and made regular concluded executive prevail in the event
of conflict on the internal rules. ".
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 its unity. It is the supreme guarantor of the
Constitution.
Presiedono the Great and General Council and represent the Council in its entirety. Presiedono other organs on the basis of laws and in
compliance with the separation of powers.
In case of emergency decrees emanating reggenziali, after hearing the opinion of the Congress of State, 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 affairs of the state.
The law determines the constitutional guarantees and responsibilities of Regency, which can give even more powers. A qualified law
governing the appointment, organization, operation and incompatibilities.
The Great and General Council composed of sixty members, it is the legislative power, the determination of the political and exercise
control functions.
The electoral law, adopted an absolute majority governing the election, the causes of ineligibility, revocation, the regime of incompatibility
of Councillors. A qualified law governing the system of responsibility and guarantees of Councillors.
The Councillors are elected by direct universal suffrage and for the duration of the legislature. Their mandate ends with the dissolution of
the Council or in cases referred to in the preceding paragraph.
The internal organization and powers of the Great and General Council are governed by Regulation Consiliare, adopted by the absolute
majority of its members. It is empowered to articulation Council Committees. The Rules Consiliare discipline also the role of groups and
Representations Consiliari.
The State Congress has the power of government in accordance with the principles of collective responsibility and accountability. And
'politically responsible before the Council to be accountable, both collectively and individually, based on constitutional law.
Members of Congress of State are appointed by the Great and General Council. The constitutional law lists and governing powers. A
qualified law governing the organization and operation; identifies the eligibility requirements, procedures for appointment, the
incompatibility cases for revocation of the individual members of Congress and state; regime governing the administration.
The Congress of State may issue acts in the form of regulations, subject to the provisions of law. It passes resolutions administrative
motivated in accordance with law.
And 'guarantee transparency and publicity of the proceedings of the Congress of State.
The Congress of State directs the public administration, while respecting its autonomy. The government is to serve the public interest,
subject to the law and the principles set out in article 14.
The organs of the judiciary shall be imposed for violation of the Constitution, which lays down the responsibilities. They are subject only
to law. They are guaranteed full freedom and independence of judgement in the performance of their duties.
All functions are exercised judicial bodies belonging to the judiciary.
A law governing qualified forms of recruitment, appointment, the incompatibility of judges and the organization and functioning of the
judiciary.
The organs of the State act in mutual respect for independence and competence.
Art.4
At the Law on July 8, 1974 n.59 has added the following article 3a:
"The constitutional laws implementing the core principles enshrined in this declaration. Were adopted as a whole with a majority of two
thirds of the members of the Great and General Council. If approved by the absolute majority are subjected to confirmatory referendum
within ninety days after their approval.
Laws governing the skilled operation of constitutional bodies and institutions of direct democracy. They are approved by the Great and
General Council with an absolute majority of its members.
The ordinary laws are approved by the Great and General Council by a simple majority. By the same majority are ratified decrees.
The legislative initiative lies with each Councillor, Consiliari committees, the Congress of State, municipal di Castello and citizens on the
basis of qualified law.
The Great and General Council may, by law, delegate to Congress state adoption decrees with the force of law, subject to ratification by
the Great and General Council.
The custom and the law are integrative source in the absence of laws.
The draft laws and amendments involving compared to the budget law, a reduction in revenues, the creation of new expenditures or
increase them, should indicate the means to tackle them. ".
Art.5
Article 4 of Law No 8 July 1974 59 is replaced by the following:
"Everyone is equal before the law, without distinction of sex, personal, economic, social, political and religious.
All citizens have the right of access to public office and to elected offices, according to the procedures established by law.
The Republic ensures equal social dignity and equal protection of rights and freedoms. It promotes the conditions for the effective
participation of citizens in economic and social life of the country. ".
Art.6
Article 15 of Law No 8 July 1974 59 is amended as follows:
" 'Guaranteed judicial protection of individual rights and legitimate interests sued in the jurisdiction of the ordinary, administrative
ed'innanzi the College Guarantor constitutionality of the rules.
The right of defense is protected in all stages of legal proceedings.
The law ensures the speed, cost, advertising and the independence of judicial decisions.
Penalties rieducative human and can be imposed only by a court previously established by law, according to rules not retroactive. Their
application is retroactive only if they are more favourable.
The defendant is not considered guilty until the final judgement. Every form of restriction of personal freedom, even in the order, is
permitted only in accordance with law. ".
Article 7
Article 16 of Law No 8 July 1974 59 is replaced by the following:
" 'Guarantor College established the constitutionality of the rules. It is composed of three members and three alternate members, initially
elected for four years by the Great and General Council, by a majority of two thirds of its members, including academics ordinary law,
magistrates, in law graduates with at least twenty years of professional experience in the law. After the first mandate, the Board is
renewed for a third every two years. Alternate members replace the actual if they make, for any reason, even incompatible because of the
performance of duties previously performed as well as the absence or impediment.
College appointment, among its members, and rotation for a period of two years the President.
College Guarantor:
1. Verification at the request of at least twenty direct Councillors, the Congress of State, five municipal di Castello, a number of voters
representatives at least 1, 5% of the electorate as shown in the last annual review of the final electoral roll , as well as in reviews pending
at the courts of the Republic, at the request of the courts or the parties involved, whether it meets the laws, acts having the force of law
to legislative content, and also of customary rules having the force of law, of the basic principles set forth in this law or this recalled;
B) decides in the cases provided by law, whether or referendum;
C) decide on conflicts between constitutional bodies;
4. Syndicate exercises on Captains Regent.
By constitutional law can be arranged additional powers. The constitutional law lays down the responsibilities of the College Guarantor
and individual members.
A qualified law governing the system of incompatibility, operation and organization of the College, the forms of appeals and procedures,
the effects of decisions and ways of implementing them.
The effect of cancellation of unconstitutional decisions, without prejudice to the value of immediate judged between the parties, is
deferred for a period of six months. Within that period, the Great and General Council can legislate on the matter in accordance with the
decisions of unconstitutionality. ".
Art.8
At Law No 8 July 1974 59 adds the following article:
"The provisions of this declaration can be reviewed by the Great and General Council with a majority of two thirds of its members.
If the laws of revision of the provisions of this declaration have been approved by the Great and General Council with an absolute
majority, will be subject to confirmatory referendum within ninety days after their approval. "
Art.9
Norma Transitoria
The constitutional laws and laws qualified in first and second paragraph of Article 3 bis of the Declaration of Human Rights, introduced
by this law must be proposed within three years after entry into force of this constitutional amendment.
The law qualified in the fifth paragraph of Article 16 of this Declaration may be submitted within six months.
Until the entry into force of the new Type Judicial members of the College Guarantor responsible for the decision:
1. On conflicts of jurisdiction in judicial decisions promoted at the courts of the Republic;
2. On abstention and rejection of Judges and the Prosecutor or Finance;
3. Ultimately on appeals filed in the criminal proceedings concerning the legitimacy of precautionary measures adopted during the
proceedings or enforcement of the sentence;
4. On appeal of the parties concerned in the event of differences of judgments of the first and second degree, civil and administrative;
5. On appeals for review of criminal judgments on complaints of nullity and on appeals to restitutio in integrum.
The functions referred to in the preceding paragraph are assigned by the President of the College individual to individual members, current
or alternate, the second predetermined criteria and taking into account any reasons of incompatibility.
Art.10
Entry into force
This law comes into force on the fifteenth day following its legal publication.
Declaration of citizens' rights and fundamental principles of the Sammarinese.
We Captains Regent
The Most Serene Republic of San Marino
Promulgate and send to publish the following law approved by the Great and General Council at its meeting of 8 July 1974.
The Great and General Council, aware of the glorious traditions of freedom and democracy of the Republic, in the firm intention to
divorce Fascism and every totalitarian conception of the State and to ensure the people Sammarinese further progress civil, social and
political continuity life of the state and its institutions, adopts this declaration of the rights of citizens and the principles that such the
organization and the action of constitutional powers.
Art. 1
The Republic of San Marino recognizes the norms of general international law as an integral part of its national, rejects war as a means of
settling disputes between States, adheres to international conventions regarding rights and freedom, the right to reconfirmation political
asylum.
Art. 2
The sovereignty of the Republic lies in the people, who exercise it in the statutory forms of representative democracy. The law will
govern the Arengo and other institutions of direct democracy.
Art. 3
The Captains Regent exercise the office of Head of State in accordance with the principle of collective responsibility.
The Great and General Council responsible for the political guidance in the exercise of legislative power.
The Congress of State, politically responsible before the Council has the power to the government. In urgent cases the Captains Regent,
after hearing the opinion of the Congress of State, may take decrees with the force of law that they will be subjected to ratification of the
Great and General Council within three months or face their decline.
The bodies of the judiciary, established by law, is guaranteed full independence in the exercise of their functions.
The powers of the State acting in respect of mutual independence and competence.
Art. 4
Everyone is equal before the law, without distinction of personal, economic, social, political and religious.
All citizens have the right of access to public office and to elected offices, according to the procedures established by law.
Art. 5
The rights of the human person are inviolable.
Art. 6
The Republic recognizes all civil and political liberties. In particular, they are guaranteed the freedom of the person's domicile, residence
and travel, assembly and association, of expression, conscience and religion. And 'safeguard the confidentiality of communications in any
way they occur. The law will restrict the exercise of those rights only in exceptional cases for serious reasons and public interest.
The art, science and education are free. The law assures citizens the right to study free.
Art. 7
The suffrage is universal, direct and secret.
Every citizen, age and conditions laid down by law, has the right to vote and stand.
Art. 8
All citizens have the right to associate with method democratic political parties and trade unions.
Art. 9
The work is the right and duty of every citizen. The law ensures workers fair pay, holidays, the weekly rest and the right to strike.
All citizens are entitled to social security.
Art. 10
The property is private economic initiative are guaranteed. The law prescribes the limits for the protection of the public interest.
The expropriation of private property is allowed in the manner prescribed by law, for the sake of public interest and adequate
compensation behind.
The Republic protects historic and artistic heritage and the natural environment.
Art. 11
The Republic promotes as part of the study, work, sports and recreational activities, the development of the personality of the young and
their preparation for the free and responsible exercise of fundamental rights.
Art. 12
The Republic protects the institution of the family based on the moral and legal equality of spouses.
Every mother has the right to the assistance and protection of the community.
The law will ensure that children born out of wedlock every spiritual protection, legal and social ensuring the equal treatment of legitimate
children.
Art. 13
All citizens have an obligation to be faithful to the laws and institutions of the Republic, to participate in his defence, and contribute to
public expenditure on account of their ability to pay.
No asset or personal benefit can not be imposed by law.
Art. 14
The activity of the public administration conforms to the criteria of legality, impartiality and efficiency.
The law will establish the obligation of the grounds of administrative measures, and the contradictory with stakeholders.
Government officials respond acts prejudicial to the rights of citizens, in the manner and limits established by law.
Art. 15
And 'guaranteed judicial protection of individual rights and legitimate interests sued in the courts of ordinary and administrative.
The right to defence is protected at every stage of judicial proceedings.
The law ensures the speed, cost-effectiveness and the independence of entry: unless the statutory exceptions, judges may not be citizens
of San Marino.
Penalties, human and rieducative, can be imposed only by a court previously established by law and only on the basis of rules not
retroactive.
The defendant is not considered guilty until the final.
Art. 16
The provisions of this declaration may be subject to review by the Great and General Council with a majority of two thirds of its members.
The judges are obliged to observe the principles of this declaration in the interpretation and application of the law. If the legality of a
standard to be questionable or controversial, the judge may request the Great and General Council that expresses, after hearing the opinion
of experts.
REVISION OF LAW No. 8 JULY 1974 59 - "DECLARATION OF RIGHTS OF CITIZENS AND FUNDAMENTAL PRINCIPLES
DELL'ORDINAMENTO SAMMARINESE"
We Captains Regent
The Most Serene Republic of San Marino
Promulgate and send to publish the following law approved by the Great and General Council at its meeting on 26 February 2002.
Art.1
The preamble to the Law on July 8, 1974 n.59 is replaced:
"The Great and General Council, aware of the glorious traditions of freedom and democracy of the Republic, in the firm intention to
divorce every totalitarian conception of the State and to ensure the people of San Marino further progress civil, social and political
continuity of life State and its institutions, adopts this declaration of the rights of citizens and the principles that the organization such
powers and the constitutional requirements. ".
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 national, international law recognized and generally conforms to them
his acts and conduct. It conforms to the rules contained in international declarations concerning human rights and fundamental freedoms.
Reconfirming the right to political asylum. Reject the war as a means of resolving disputes between states and conforms, in the
internationally recognised principles of the UN Charter.
The law recognizes Sammarinese guarantees and implementing the rights and fundamental freedoms set out in the European Convention
for the Protection of Human Rights and Fundamental Freedoms.
International agreements relating to the protection of freedom and human rights, and made regular concluded executive prevail in the event
of conflict on the internal rules. ".
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 its unity. It is the supreme guarantor of the
Constitution.
Presiedono the Great and General Council and represent the Council in its entirety. Presiedono other organs on the basis of laws and in
compliance with the separation of powers.
In case of emergency decrees emanating reggenziali, after hearing the opinion of the Congress of State, 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 affairs of the state.
The law determines the constitutional guarantees and responsibilities of Regency, which can give even more powers. A qualified law
governing the appointment, organization, operation and incompatibilities.
The Great and General Council composed of sixty members, it is the legislative power, the determination of the political and exercise
control functions.
The electoral law, adopted an absolute majority governing the election, the causes of ineligibility, revocation, the regime of incompatibility
of Councillors. A qualified law governing the system of responsibility and guarantees of Councillors.
The Councillors are elected by direct universal suffrage and for the duration of the legislature. Their mandate ends with the dissolution of
the Council or in cases referred to in the preceding paragraph.
The internal organization and powers of the Great and General Council are governed by Regulation Consiliare, adopted by the absolute
majority of its members. It is empowered to articulation Council Committees. The Rules Consiliare discipline also the role of groups and
Representations Consiliari.
The State Congress has the power of government in accordance with the principles of collective responsibility and accountability. And
'politically responsible before the Council to be accountable, both collectively and individually, based on constitutional law.
Members of Congress of State are appointed by the Great and General Council. The constitutional law lists and governing powers. A
qualified law governing the organization and operation; identifies the eligibility requirements, procedures for appointment, the
incompatibility cases for revocation of the individual members of Congress and state; regime governing the administration.
The Congress of State may issue acts in the form of regulations, subject to the provisions of law. It passes resolutions administrative
motivated in accordance with law.
And 'guarantee transparency and publicity of the proceedings of the Congress of State.
The Congress of State directs the public administration, while respecting its autonomy. The government is to serve the public interest,
subject to the law and the principles set out in article 14.
The organs of the judiciary shall be imposed for violation of the Constitution, which lays down the responsibilities. They are subject only
to law. They are guaranteed full freedom and independence of judgement in the performance of their duties.
All functions are exercised judicial bodies belonging to the judiciary.
A law governing qualified forms of recruitment, appointment, the incompatibility of judges and the organization and functioning of the
judiciary.
The organs of the State act in mutual respect for independence and competence.
Art.4
At the Law on July 8, 1974 n.59 has added the following article 3a:
"The constitutional laws implementing the core principles enshrined in this declaration. Were adopted as a whole with a majority of two
thirds of the members of the Great and General Council. If approved by the absolute majority are subjected to confirmatory referendum
within ninety days after their approval.
Laws governing the skilled operation of constitutional bodies and institutions of direct democracy. They are approved by the Great and
General Council with an absolute majority of its members.
The ordinary laws are approved by the Great and General Council by a simple majority. By the same majority are ratified decrees.
The legislative initiative lies with each Councillor, Consiliari committees, the Congress of State, municipal di Castello and citizens on the
basis of qualified law.
The Great and General Council may, by law, delegate to Congress state adoption decrees with the force of law, subject to ratification by
the Great and General Council.
The custom and the law are integrative source in the absence of laws.
The draft laws and amendments involving compared to the budget law, a reduction in revenues, the creation of new expenditures or
increase them, should indicate the means to tackle them. ".
Art.5
Article 4 of Law No 8 July 1974 59 is replaced by the following:
"Everyone is equal before the law, without distinction of sex, personal, economic, social, political and religious.
All citizens have the right of access to public office and to elected offices, according to the procedures established by law.
The Republic ensures equal social dignity and equal protection of rights and freedoms. It promotes the conditions for the effective
participation of citizens in economic and social life of the country. ".
Art.6
Article 15 of Law No 8 July 1974 59 is amended as follows:
" 'Guaranteed judicial protection of individual rights and legitimate interests sued in the jurisdiction of the ordinary, administrative
ed'innanzi the College Guarantor constitutionality of the rules.
The right of defense is protected in all stages of legal proceedings.
The law ensures the speed, cost, advertising and the independence of judicial decisions.
Penalties rieducative human and can be imposed only by a court previously established by law, according to rules not retroactive. Their
application is retroactive only if they are more favourable.
The defendant is not considered guilty until the final judgement. Every form of restriction of personal freedom, even in the order, is
permitted only in accordance with law. ".
Article 7
Article 16 of Law No 8 July 1974 59 is replaced by the following:
" 'Guarantor College established the constitutionality of the rules. It is composed of three members and three alternate members, initially
elected for four years by the Great and General Council, by a majority of two thirds of its members, including academics ordinary law,
magistrates, in law graduates with at least twenty years of professional experience in the law. After the first mandate, the Board is
renewed for a third every two years. Alternate members replace the actual if they make, for any reason, even incompatible because of the
performance of duties previously performed as well as the absence or impediment.
College appointment, among its members, and rotation for a period of two years the President.
College Guarantor:
1. Verification at the request of at least twenty direct Councillors, the Congress of State, five municipal di Castello, a number of voters
representatives at least 1, 5% of the electorate as shown in the last annual review of the final electoral roll , as well as in reviews pending
at the courts of the Republic, at the request of the courts or the parties involved, whether it meets the laws, acts having the force of law
to legislative content, and also of customary rules having the force of law, of the basic principles set forth in this law or this recalled;
B) decides in the cases provided by law, whether or referendum;
C) decide on conflicts between constitutional bodies;
4. Syndicate exercises on Captains Regent.
By constitutional law can be arranged additional powers. The constitutional law lays down the responsibilities of the College Guarantor
and individual members.
A qualified law governing the system of incompatibility, operation and organization of the College, the forms of appeals and procedures,
the effects of decisions and ways of implementing them.
The effect of cancellation of unconstitutional decisions, without prejudice to the value of immediate judged between the parties, is
deferred for a period of six months. Within that period, the Great and General Council can legislate on the matter in accordance with the
decisions of unconstitutionality. ".
Art.8
At Law No 8 July 1974 59 adds the following article:
"The provisions of this declaration can be reviewed by the Great and General Council with a majority of two thirds of its members.
If the laws of revision of the provisions of this declaration have been approved by the Great and General Council with an absolute
majority, will be subject to confirmatory referendum within ninety days after their approval. "
Art.9
Norma Transitoria
The constitutional laws and laws qualified in first and second paragraph of Article 3 bis of the Declaration of Human Rights, introduced
by this law must be proposed within three years after entry into force of this constitutional amendment.
The law qualified in the fifth paragraph of Article 16 of this Declaration may be submitted within six months.
Until the entry into force of the new Type Judicial members of the College Guarantor responsible for the decision:
1. On conflicts of jurisdiction in judicial decisions promoted at the courts of the Republic;
2. On abstention and rejection of Judges and the Prosecutor or Finance;
3. Ultimately on appeals filed in the criminal proceedings concerning the legitimacy of precautionary measures adopted during the
proceedings or enforcement of the sentence;
4. On appeal of the parties concerned in the event of differences of judgments of the first and second degree, civil and administrative;
5. On appeals for review of criminal judgments on complaints of nullity and on appeals to restitutio in integrum.
The functions referred to in the preceding paragraph are assigned by the President of the College individual to individual members, current
or alternate, the second predetermined criteria and taking into account any reasons of incompatibility.
Art.10
Entry into force
This law comes into force on the fifteenth day following its legal publication.
Though little archeological evidence details the culture of early human existence, San
Marino credits its beginning in 301 when a Christian stonemason named Marinus the
Dalmatian founded the city-state named San Marino in his honor. In the 9th Century it was
ruled by Bishops and a fiefdom of the Duke of Spoleto in the 10th Century. In 1243, the
positions of Captains Regent (Capitani Reggenti) were established to be the joint heads of
state. The state's earliest statutes date back to 1263. The Holy See confirmed the ancient
independence of San Marino in 1291. The occupied three times by invading armies, San
Marino has always asserted its independence, claiming credit to being the world's oldest
republic. San Marino does not have a traditional constitution per se but operates under the
Statutes of 1600 (Statuta Decreta ac Ordinamenta Illustris Reipublicae ac Perpetuae
Libertatis Terrae Sancti Marini) a series of six legal volumes detailing the governmental
system of San Marino. Human rights are enumerated via the Declaration of Citizen's Rights
and Fundamental Principles of the Sammarinese, a legal statute adopted 8 July 1974 and
amended 26 February 2002 which conform with the 1948 Universal Declaration of Human
Rights of which San Marino is a signatory and are detailed below. For a description of the
Statuta Decreta ac Ordinamenta Illustris Reipublicae ac Perpetuae Libertatis Terrae Sancti
Marini, click here.
Marino credits its beginning in 301 when a Christian stonemason named Marinus the
Dalmatian founded the city-state named San Marino in his honor. In the 9th Century it was
ruled by Bishops and a fiefdom of the Duke of Spoleto in the 10th Century. In 1243, the
positions of Captains Regent (Capitani Reggenti) were established to be the joint heads of
state. The state's earliest statutes date back to 1263. The Holy See confirmed the ancient
independence of San Marino in 1291. The occupied three times by invading armies, San
Marino has always asserted its independence, claiming credit to being the world's oldest
republic. San Marino does not have a traditional constitution per se but operates under the
Statutes of 1600 (Statuta Decreta ac Ordinamenta Illustris Reipublicae ac Perpetuae
Libertatis Terrae Sancti Marini) a series of six legal volumes detailing the governmental
system of San Marino. Human rights are enumerated via the Declaration of Citizen's Rights
and Fundamental Principles of the Sammarinese, a legal statute adopted 8 July 1974 and
amended 26 February 2002 which conform with the 1948 Universal Declaration of Human
Rights of which San Marino is a signatory and are detailed below. For a description of the
Statuta Decreta ac Ordinamenta Illustris Reipublicae ac Perpetuae Libertatis Terrae Sancti
Marini, click here.