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Strasbourg, 30 May 2002	Restricted CDL (2002) 82 Eng.Only
Opinion N°168 / 2001

EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW

(VENICE COMMISSION)

legislation on kin-MINORITIES

italy

Law 21 March 2001 no. 73

Measures in favour of the Italian minority in Slovenia and Croatia

Published in the Official Gazette no. 73 of 28 March 2001

Article 1

The provisions of the second paragraph of article 14 of Law 9 January 1991, no. 19, are extended until 31 December 2003. For this purpose, an expenditure of 9,000 millions is authorised for year 2001 and of 10,000 millions for years 2002 and 2003 each.

The budget for the Italian minority in Slovenia and Croatia provided for under article 14 of Law 9 January 1991, no. 19 will be used through a convention to be stipulated by the Ministry of Foreign Affairs, the Italian Union and the University of Trieste, in consultation – to be given within 45 days of the relevant request by the Ministry of Foreign Affairs – with the Federation of the associations of exiles from Istria, Fiume or Dalmatia or, at any rate, with the single associations. The said budget is to be used for measures and activities in the fields of education, culture, information, as well as, up to 20% of the annual budget, in the socio-economic field.

Article 2 (omissis)

Law 9 January 1991 no. 19

Provisions for the development of economic activities and international cooperation of the Region Friuli-Venezia Giulia, the province of Belluno and the neighbouring areas

Published in the Official Gazette no. 17 of 21 January 1991

[Articles 1-13 omissis]

Article 14

§ 1 (omissis)

§2 Awaiting the adoption of a law on the measures in favour of Italian populations in Yugoslavia, an expenditure of 12 billions is authorised for the years 1991-1993, i.e. 4 billions per year, (…) for activites in favour of the Italian minority in Yugoslavia, to be organised in co-operation with the Region Friuli Venezia-Giulia and with other institutions.

§ 3 (omissis)

[Articles 15-16 omissis]

ITALIAN CONSTITUTION

Art. 48

All citizens, male and female, who have attained their majority, are electors.

The vote is personal and equal, free and secret. The exercise thereof is a civic duty.

An Act of Parliament shall establish the conditions and the procedures under which Italian nationals resident abroad may exercise their right to vote in Italian elections, and shall guarantee its effectiveness. For this purpose a 'Foreign Constituency' shall be created to which Members to both Houses of Parliament shall be elected. The number of seats shall be established by a constitutional law and comply with the criteria enacted by Act of Parliament.

The right to vote cannot be restricted except for civil incapacity or as a consequence of an irrevocable penal sentence or in cases of moral unworthiness as laid down by law.

Art. 56

The Chamber of Deputies is elected by universal and direct suffrage.

The number of Deputies is six hundred and thirty.

All those voters who on the day of elections have attained the age of twenty-five are eligible to be deputies.

The division of seats among the electoral districts is obtained by dividing the number of inhabitants of the Republic, as shown by the latest general census of the population, by six hundred and thirty and distributing the seats in proportion to the population in every electoral district, on the basis of whole shares and the highest remainders.

Art. 57

The Senate of the Republic is elected on a regional basis.

The number of Senators to be elected is three hundred and fifteen.

No region may have fewer than seven senators; Molise shall have two, Valle d'Aosta one.

The division of seats among the regions, in accordance with the provisions of the preceding Article, is made in proportion to the population of the regions as revealed in the most recent general census, on the basis of whole shares and the highest remainders.