Executive power rests with the 10-member State Congress (cabinet), which is accountable to the parliament and is headed by two captains regent. As the joint heads of state with largely ceremonial roles, the captains are elected every six months by the legislature from among its own members. Although there is no official prime minister, the secretary of state for foreign and political affairs is regarded as the head of government. Following the legislative elections in late 2019, Luca Beccari of the Sammarinese Christian Democratic Party (PDCS) was elected to the post in early 2020.

The 60 members of the unicameral Great and General Council are elected for five-year terms. The 2019 elections were considered credible and free, and the results were accepted by stakeholders and the public. The PDCS, then in opposition, won with 21 seats. The left-wing Tomorrow in Motion (DML) coalition placed second with 15 seats, followed by Libera San Marino (LSM) with 10 seats, We for the Republic (NplR) with 8 seats, and Future Republic (RF) with 6 seats. After the elections, the PDCS formed a governing coalition with DML and NplR.

The electoral laws provide a sound basis for the organization of free and fair elections. In a compliance report published in 2021, GRECO indicated that San Marino had enacted adequate legislation to regulate the financing of political parties.

Parties are free to form and operate in San Marino, and a great number of them contest elections. Many parties participate in larger electoral coalitions, as the electoral law gives the largest political grouping the right to take the initiative in government formation.

There are no restrictions preventing the opposition from increasing support through elections, and the country has undergone transfers of power between rival party groupings in recent years. Multiple opposition groups are currently represented in the Great and General Council.

The political choices of voters and candidates are free from undue pressure by unaccountable groups.

While citizens generally enjoy full political rights, women are underrepresented in the Great and General Council, where they held 19 of 60 seats after the 2019 elections, and in politics generally. An assessment mission from the Organization for Security and Co-operation in Europe (OSCE) that was deployed ahead of the 2019 polls noted that gender quotas on candidate lists were undercut by the preferential voting system. Women are better represented in the country’s Electoral Council and in polling administration.

LGBT+ citizens have advanced their interests in the political sphere in recent years, and in April 2022 Paolo Rondelli was elected as one of the two captains regent, becoming the world’s first openly gay head of state.

About 16 percent of the population consists of noncitizens who do not have political rights in the country; most are Italian nationals. Under San Marino’s strict naturalization criteria, individuals without a citizen spouse, parent, or grandparent generally must live in the country for over 30 years to be eligible for citizenship.

The government and legislature exercise their powers without improper interference from unelected entities.

In response to scandals involving high-ranking officials, San Marino has launched a series of programs to combat corruption and money laundering. However, GRECO’s 2020 report called for structural changes to San Marino’s judicial sector in order to prevent unwarranted political influence and to strengthen the country’s anticorruption framework. The report also highlighted the need to adopt a code of conduct for members of parliament. In response, in March 2022 the parliament adopted legislation that introduced a code of conduct for lawmakers, with provisions designed to better manage conflicts of interest and improve transparency through asset declarations. Also that month, the Judicial Council adopted a code of ethics for judges. GRECO officials expressed their approval of these reforms in June.

In 2017, several former officials were convicted of bribery, corruption, money laundering, and vote buying as part of their involvement in the so-called Conto Mazzini case. Multiple former captains regent and ministers received prison sentences ranging from two to eight years. In March 2022, after years of hearings, an appellate court upheld most of the convictions but reduced nearly all of the penalties.

Score Change: The score improved from 3 to 4 because the parliament and Judicial Council adopted codes of conduct for public officials that included asset-declaration rules and protections against conflicts of interest.

Laws providing for the accessibility of government information are in place, and the rules are generally respected in practice. The codes of conduct for public officials that were adopted in 2022 were expected to provide additional transparency.

Freedom of the press is generally upheld. Local media are pluralistic, and journalists investigate important topics, including financial crimes. However, the risk of heavy fines or civil damages under San Marino’s strict defamation laws can prompt self-censorship among journalists. News consumers also have access to Italian media, and internet access is not restricted.

Religious freedom is broadly upheld in San Marino. Religious discrimination is prohibited by law. There is no state religion, although Roman Catholicism is dominant. Catholic religious instruction is offered in schools but is not mandatory.

Academic freedom is generally respected.

Freedom of expression is legally safeguarded, and people are generally free to discuss their views on politics and other sensitive topics, though the law prohibits hate speech based on various characteristics.

Freedom of assembly is upheld in practice. Demonstrations routinely proceed without incident.

Nongovernmental organizations (NGOs) may operate without undue restrictions, and a number of human rights groups are active in the country.

Workers are free to strike, organize in trade unions, and bargain collectively, unless they work in military occupations. Approximately half of the workforce is unionized. The law prohibits antiunion discrimination and provides avenues of recourse for workers who are penalized for union activity.

Judicial affairs are managed by a Judicial Council made up of judges and lay members. In 2020, the government adopted legislation that altered the voting structure within the Judicial Council, giving greater influence to members of parliament sitting on the council. The body subsequently removed three judges who had been investigating the Conto Mazzini case.

In response, GRECO called for structural changes to limit political interference with the judiciary. The parliament adopted reforms in December 2021 that were designed to strengthen judicial independence, including provisions that prohibited lawmakers from serving on the Judicial Council, required the council’s lay members to have specific legal education or experience, and called for those members to be elected by a two-thirds majority in the parliament; the judges on the council are elected by their peers. In June 2022, GRECO expressed its satisfaction with these reforms as well as the judicial code of ethics that was adopted by the reorganized Judicial Council in March.

Score Change: The score improved from 3 to 4 due to recent reforms that strengthened the judiciary’s independence, in part by preventing elected lawmakers from serving on the Judicial Council.

Due process rights surrounding charges and trials are generally upheld in practice. The authorities respect legal safeguards against arbitrary arrest and detention. The 2020 GRECO report on San Marino’s judiciary expressed concerns about the lack of professionalism and transparency in the system, and called for a more consistent, objective, and transparent allocation of cases. In March 2022, the parliament passed amendments to the Code of Criminal Procedure and other legislation that provided for an objective and systematic allocation of cases, strengthened the protection of defendants’ rights, and set rules for the recusal of judges who have conflicts of interest.

Score Change: The score improved from 3 to 4 because the parliament amended the criminal procedure code to bolster safeguards for the due process rights of defendants.

The population does not face any major threats to physical security. There is one prison in San Marino, and the inmate population is small, with no reports of serious mistreatment. Law enforcement officers generally operate with professionalism.

San Marino law criminalizes the dissemination of ideas related to racial or ethnic superiority; acts of violence or discrimination on various grounds, including sexual orientation and gender identity; and incitement to such acts. However, discrimination based on skin color and language are not covered by these provisions, and the country lacks a strong and comprehensive legal framework for combating discrimination more broadly. A 2019 constitutional amendment banned all forms of discrimination based on sexual orientation, but it does not cover gender identity, and it is not supported by specific, enforceable laws addressing employment and other forms of discrimination affecting LGBT+ people. Women continue to face societal prejudices that limit their access to employment and economic opportunity.

There are no restrictions on freedom of movement, and individuals in San Marino may freely change their place of residence, employment, and education.

The rights to own property and operate private businesses are upheld.

Personal social freedoms are generally safeguarded in San Marino. A law adopted in 2018 allows civil unions for same-sex couples. However, same-sex marriage is not recognized, and same-sex couples do not have the right to adopt children together. Reports of domestic violence, which is prohibited by law, are rare.

In a 2021 referendum, more than 75 percent of participants voted in favor of legalizing abortion up to the 12th week of pregnancy or if a pregnancy poses a danger to the woman’s life or health. The parliament passed legislation implementing these results in September 2022. Abortion had previously been a criminal offense unless it was necessary to save the pregnant woman’s life.

Score Change: The score improved from 3 to 4 because the parliament adopted legislation to implement a 2021 referendum in which voters approved the legalization of abortion.

The government generally upholds labor protections for workers and provides assistance to low-income individuals. The Council of Europe and the European Commission against Racism and Intolerance have called on San Marino to improve its efforts to prevent abusive or exploitative conditions for foreign women employed as caregivers or household workers.