Venice Commission - Report on Bicameralism

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San Marino

1.Has the country ever had a bicameral parliamentary (or congressional) system in the past? If so, in which period? Why was it decided to change into a unicameral system? Is there a public debate about changing to a bicameral system? What are the terms of the debate?

The Republic of San Marino has always had a unicameral system. In this regard, there is no public debate about changing to a bicameral system.

2.What is the population of the country? What is its size?

The Republic of San Marino is a Microstate to all intents and purposes. According to the latest statistical surveys (www.statistica.sm) in 2021, the Republic of San Marino had 33,840 inhabitants living in the territory. The Republic of San Marino has a territorial extension of approximately sixty square kilometres

3.What form of state and form of government has the country? Please provide details with reference to relevant constitutional provisions. a) Unitarian or federal/regional/other form of decentralization; b) Parliamentary, presidential, semi-presidential or mixed

The Republic of San Marino has a republican form of state and a parliamentary form of government.
The parliamentary assembly is called the “Great and General Council” and consists of sixty members elected by universal suffrage.
The Great and General Council has the legislative power, the power to provide policy direction and the power of control. The Great and General Council appoints the members of the executive power (called the Congress of State). A relationship of trust exists between the Congress of State and the Great and General Council: indeed, besides being personally responsible for the acts pertaining to their respective Ministries, the members of the Congress of State are collectively accountable before the Great and General Council. The Great and General Council also appoints the Heads of State (Captains Regent), guarantors of the constitutional order, who represent the State in its unity.
The territory of the Republic of San Marino is divided into nine institutional and territorial entities called Townships. The law attributes legal personality to them, as well as administrative, representative and proposal functions concerning the territory to which each entity refers, also in implementation of the principle of subsidiarity.
The most important laws governing the institutional system include the following:
- Law no. 59 of 8 July 1974 - Declaration of the Citizens’ Rights and Fundamental Principles of San Marino legal system -, in particular Art. 3 (with the amendments deriving from Law no. 95 of 19 September 2000, Law no. 36 of 26 February 2002, Constitutional Law no. 61 of 28 April 2005, Constitutional Review Law no. 182 of 14 December 2005, Constitutional Law no. 1 of 22 July 2011 and Constitutional Review Law no. 1 of 28 March 2019);
- Constitutional Law no. 183 of 15 December 2005 (Constitutional Law on the Congress of State);
- Qualified Law no. 184 of 15 December 2005 (Qualified Law on the Congress of State);
- Constitutional Law no. 185 of 16 December 2005 (Constitutional Law on the Captains Regent);
- Qualified Law no. 186 of 16 December 2005 (Qualified Law on the Captains Regent).
Law no. 158 of 24 September 2020 (Reform of Law no. 127 of 27 September 2013 - Law on Township Councils).

4.How many members are in the lower house?

As reported in question 1) A, the parliamentary assembly (called the Great and General Council) is unicameral and consists of sixty members.