Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

Pozzo, Barbara --- "Italy" [2006] ELECD 183; in Smits, M. Jan (ed), "Elgar Encyclopedia of Comparative Law" (Edward Elgar Publishing, 2006)

Book Title: Elgar Encyclopedia of Comparative Law

Editor(s): Smits, M. Jan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845420130

Section: Chapter 32

Section Title: Italy

Author(s): Pozzo, Barbara

Number of pages: 5

Extract:

32 Italy
Barbara Pozzo


1 Introduction
Italy (Italia) is undoubtedly a civil law country. According to the catego-
rization of René David it belongs to the Roman-Germanistic family, while
in the Zweigert and Kötz exposition Italy is inserted in the Roman system.
Both contributions, the French and the German, have been very influential
in the legal development of the unified Italy after 1860. The first Italian
codes after unification were modelled on the French Napoleonic Codes and
for a time scholarship was also influenced by the French. By the end of the
19th century the German Pandectist school of legal thought began to dom-
inate the legal process in Italy, where it affected above all the Italian doc-
trine. The effects of the German influence were not limited to private law,
but extended to public law and law of procedure.
Laws are enacted by the state and by the regions according to the prin-
ciple of decentralization stated in Article 5 of the Italian Constitution.
Article 117 of the constitution declares that `Legislative power belongs to
the state and the regions in accordance with the constitution and within the
limits set by European Union Law and international obligations.' Certain
matters are in the exclusive legislative power of the state (Art. 117 (2)), some
are subject to concurrent legislation of both state and regions (Art. 117(3)),
while the regions have exclusive legislative power with respect to any
matters not expressly reserved to state law (Art. 117 (4)). Five ...