Administrative judgements
The State Attorney's Office represents and defends the public administrations that avail themselves of its patronage before all administrative justice bodies.
The State Attorney General provides representation and defense of public administrations in proceedings before the Council of State and the Regional Administrative Courts based in the Lazio region.
As an act of the first instance process, however, the request for regulation of competence to the Council of State, pursuant to art. 31 Law 6 December 1971, n. 1034, is ritually signed by the State Attorney who defends the Administration at first instance, even if he belongs to a District Attorney's Office and not to the General Attorney's Office.
The State District Attorneys' Offices, each in their own district of competence, provide representation and defense of the public administrations in proceedings before the Regional Administrative Court which has its seat in the regional or provincial capital in which the individual District Attorney's Office is located. The District Attorney's Office of the State of Turin also has jurisdiction over proceedings taking place before the Regional Administrative Court of Valle d'Aosta.
The District Attorney's Office of the State of Palermo also provides representation and defense of public administrations before the Administrative Justice Council for the Sicilian Region.
Before the bodies of Administrative Justice, the patronage of the State Attorney's Office in favor of state public administrations is mandatory and exclusive.
Only in the proceedings referred to in article 25, paragraphs 5 et seq., of law 7 August 1990, number 241, the Administration may exceptionally be represented and defended by one of its employees, provided that he holds the qualification of manager and is duly authorized (article 4, law 21 July 2000 n.205).
The judicial initiative of the State Attorney General requires the consent of the represented Administration, but the existence of such consent is relevant exclusively in internal relations, while it does not affect the validity of the procedural documents.
Although it does not have the interest alleged in the proceedings, in relation to third parties, therefore, the State Attorney's Office enjoys full autonomy and independence in deciding the conduct in the case and can carry out any procedural act, with the sole limitation of the prohibition on taking alone procedural initiatives that affect political-administrative interests of particular importance of the Administration represented.
The regulation of the patronage of the State Attorney's Office in favor of state public administrations also extends to the Regions with ordinary statute and special statute which make use of its patronage on an exclusive mandatory basis.
The State Attorney's Office also intervenes in court for the Regions and non-territorial public bodies authorized to make use of its ministry on an optional basis.
Before the Administrative Judges, the State Attorney's Office can intervene on behalf of the public administrations it sponsors, whatever the procedural position they assume during the proceedings and therefore whether it concerns the defendant administration or the intervening administration or Appellant Administration regarding measures of other Administrations.