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Republic of San Marino
San Marino.
Jurisdiction · Ancient institution

Council of
the XII

A collegial body with roots in the Statutes of the early seventeenth century. It runs through the history of the Republic as a third instance of justice; in 1923 its competences and functions were redefined. Today it remains a cornerstone of administrative jurisdiction and voluntary jurisdiction.

Members
12
Reform
1923
Term
Legislature

Source: Leges Statutae Republicae Sancti Marini · Law of 5 June 1923, no. 13

Meeting hall of the Council of the XII in the Public Palace
§ I — Appointment and presidency

Twelve councillors

The Council of the XII is appointed by the Great and General Council at the start of each legislature. The choice is made among the members of the Council itself. The Captains Regent chair the body, without voting rights, except when they have been designated as members by direct appointment.

§ II — Competences

Three jurisdictions

  • 01.Third judicial instance. Reviews appeals when the appeal judgment differs from the first instance, on the matters provided for by the Statutes.
  • 02.Voluntary jurisdiction. Authorises the alienation of dotal assets and other specific patrimonial acts.
  • 03.Administrative justice. Rules on the appeals of those who claim a legitimate interest harmed by an administrative act.
§ III — After 2002

The new arrangement

With law no. 36 of 26 February 2002 the Collegio Garante (Constitutional Guarantor Body) was established, taking over the supreme judicial functions previously exercised by the Council of the XII. The twelfth assembly today continues to operate within its residual competences, in third-instance and administrative justice, as outlined by the 1923 reform and subsequent organic laws.

FAQ · Useful answers

Frequently asked questions

What is the Council of the XII?
A collegial body of the Republic of San Marino, appointed by the Great and General Council at the start of each legislature, with judicial functions in administrative matters and as third instance.
Who chairs it?
The presidency belongs to the Captains Regent, who have no right to vote unless they are members by direct appointment.
When was it reorganised?
By law no. 13 of 5 June 1923, which defined its present competences starting from the provisions of the Statutes of the early seventeenth century.
On what matters does it rule?
It examines third-instance appeals when the appeal judgment differs from the first instance, authorises the alienation of dotal assets in voluntary jurisdiction, and rules on appeals against administrative acts.
What remains after the 2002 reform?
Functions of constitutional review and other powers passed to the Collegio Garante, established by law no. 36 of 26 February 2002. The Council of the XII keeps the residual competences in administrative matters and voluntary jurisdiction.