Constitution of San Marino

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The constitution of the Republic of San Marino is the oldest written, still valid, democratic and republican constitution in the world.

history

The founding of the republic is said to go back to the year 301, when the monk Marinus (namesake of the republic) fled with like-minded people from the anti-Christian policies of Emperor Diocletian on Monte Titano . Legend has it that after his death in 366, Marinus' followers founded the first republican form of government on Sanmarine soil, citing his last words "I leave you as free people". However, the first historical evidence of an independent Christian commune on Monte Titano dates from around 511. Documents from 885 report a pronounced public life. The main features of today's political system were probably formed by 1200. The first written constitutional document dates from 1600.

Institutions

The political system of the republic corresponds to that of modern parliamentary democracies with some peculiarities that can be explained by the old age of the constitution. The constitution is similar in some respects, e.g. B. the collegiality of the heads of state or the fact that the parliament does not have its own presidium, but is led by the Capitani Reggenti, the political systems of the Roman Republic and the Republic of Venice.

Capitani Reggenti

The Capitani Reggenti are the collegial heads of state of San Marino, elected every six months. In order to obtain the office, one must be at least 25 years old and a native of the San Marines. Only people who have not held the office in the past three years are allowed to exercise it. These laws aim to limit the power of the head of state and are thus similar to the rules of the cursus honorum in the Roman Republic . The first verifiable election took place in 1243. Their office is largely ceremonial. As part of the day-to-day policy, they are responsible for leading the Consiglio Grande i Generale (parliament), the Congresso di Stato (government), the Supreme Judicial Council and the assembly of community leaders. The inauguration takes place on April 1st and October 1st.

Consiglio Grande i Generale

The Consiglio Grande i Generale is the unicameral parliament of the republic. It consists of 60 members who are elected in free, secret and equal voting. Like the office of the Capitani Reggenti, it dates from the 13th century. Its tasks are varied: it elects the Capitani Reggenti, the members of the Congresso di Stato (government) and the members of the two highest courts (Consilium duodecim virorum, Collegio Garante della Costituzionalità delle Norme). It also exercises legislation and examines petitions and popular initiatives.

Congresso di Stato

The Congresso di Stato is the government of San Marino. She is elected by the Consiglio Grande i Generale and is also responsible to him. Its meetings are chaired either by the most senior minister, currently Foreign Minister Nicola Renzi, or by the Capitani Reggenti. It currently consists of 10 ministries:

  • State Secretariat for Foreign and Political Affairs
  • State Secretariat for Internal Affairs
  • State Secretariat for Finance and Budget
  • State Secretariat for Industry and Craft
  • State Secretary for Territory and Environment
  • State Secretariat for Tourism
  • State Secretariat for Health and Social Security
  • State Secretariat for Education and Culture
  • State Secretariat for Labor and Cooperation
  • State Secretariat for Justice and Relations with the Castle Councilors


Arengo

Historically, the Arengo is the gathering of the heads of families in San Marino and thus roughly corresponds to the comitia tributa and the comitia curiata in the Roman Republic. In this form it is the oldest demonstrable political organ in the republic. Nowadays the Arengo is an instrument of direct democracy that can be compared to a referendum or petition. The petitions will be presented to the Consiglio Grande i Generale on the Sunday after the inauguration of the Capitani Reggenti. If parliament approves them, the government must deal with them.

Capitani di Castelli

The council of the Capitani di Castelli (literally translated: captains of the castles) is the conference of community leaders. It has an exclusively advisory function and meets under the chairmanship of the Capitani Reggenti. In the political structure of San Marino it occupies a similar position as the chamber of states (upper house) in federal and bicameral systems, e.g. B. in Russia the Federation Council or in the United States the Senate .

Court system

Consilium duodecim virorum and Collegio Garante della Costituzionalità delle Norme

The Consilium duodecim virorum (Council of the 12) and the Collegio Garante della Costituzionalità delle Norme (Council for the guarantee of the constitutionality of laws) are the two highest courts of the republic. While the Consilium duodecim virorum is more like a supreme court of appeal, the Collegio Garante della Costituzionalità delle Norme mainly acts as a constitutional court. However, the tasks of the two institutions are not clearly delimited and in some cases overlap.

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