What is the Oldest Italian Law Still in Effect?

Italy’s Unique Legal Landscape

Italy is renowned worldwide for a variety of distinct characteristics and peculiarities, some of which add to its prestige while others are less favorable.
One notable aspect of the country is its exceptional number of laws, which solidifies its position as a leader in Europe (notably in contrast to other nations).
Despite the difficulty in precisely counting all active laws, estimates suggest an overwhelming quantity.

According to Normattiva, Italy is home to at least 75,000 national laws, and when including regional laws, the total surpasses 150,000.
This figure is more than double that of other European nations.
Alarmingly, many of these laws are quite outdated.
Let’s delve into the oldest active law in Italy.

Ancient Laws in Italy

To identify the oldest existing law, one must refer to the Official Gazette, which began with the establishment of the Kingdom of Italy in 1861.
Prior to this, the Piemontese Gazette was limited to the Kingdom of Sardinia, while other kingdoms utilized their gazettes, which did not merge into a unified publication after unification.
The Official Gazette evolved into the Gazzetta Ufficiale della Repubblica Italiana following the 1946 referendum.

This Gazette is the first to encompass the entirety of present-day Italy, and several royal decrees from its inception remain in effect.
However, many have been amended or rendered obsolete, as they no longer fit contemporary standards, despite their formal status.

Royal decrees not repealed that align with the Constitution persist, as do the “Decrees of Mussolini, Head of Government”.
Although the government routinely revokes outdated decrees, numerous principles and regulations stemming from obsolete statutes remain entrenched in the legal system.

The Oldest Law Still in Force

The determination of the oldest law still in effect leads us to Law No.
2248 of March 20, 1865.
This law, related to the administrative unification of the Kingdom of Italy, is almost 160 years old and still applies in certain areas, most notably regarding administrative disputes (as detailed in Annex E).

The official start date for the abolition of administrative disputes law is July 1, 1865.
It established provisions such as:

“Special tribunals currently handling administrative disputes in civil and criminal matters are abolished, and cases assigned to them by various existing laws will henceforth be transferred to ordinary jurisdiction or to administrative authorities, according to the norms set forth in this law.”

In essence, this law initiated the separation of competences between special and administrative judges based on the interests defended by claimants, paving the way for contemporary administrative justice and ensuring citizen protections.

The “Fascist” Penal Code

When discussing ancient laws, it’s impossible not to mention the Penal Code, often critiqued as a remnant of fascism incompatible with democracy.
The 1930 Penal Code, commonly known as the Rocco Code (after Alfredo Rocco, a Mussolini-era Minister who primarily oversaw its implementation), has never been fully abrogated or revolutionized.

In the post-war era, the fascist-approved Code underwent reforms aimed at eliminating discrimination and principles conflicting with constitutional values, yet it has never been replacd.
Over the years, it has experienced numerous amendments, but many original provisions remain, as they do not conflict with the Italian legal framework.
Reforms and rulings by the Constitutional Court often restored elements from the pre-fascist Code (the Zanardelli Code), abolishing capital punishment and ensuring equal legal protection for all religions.

Currently, there is a noticeable absence of a cohesive project guiding the text, resulting from sporadic interventions over time without an overarching vision, yet it does not reflect fascist ideology at all.

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