What is the State Advocacy

A "pool" of specialized jurists who represent and defend the state administration and, more generally, all the powers of the state when they carry out substantially administrative activities. The State Attorney's Office protects the property and non-property interests of the State and of other bodies admitted to legal aid in court , to which it also provides its advice without limits on the matter.

On the one hand, the State Attorney's Office carries out a contentious activity , that is, it represents and defends the state administration in all its articulations, on the other an advisory activity , that is, it provides its own consultancy without limits of matter to the administration of the State and other bodies admitted to legal aid.

Unlike the systems adopted in other countries, in the Italian legal system the legal protection of the financial and non-property interests of the State is institutionally attributed to a body of specialized lawyers, called upon to carry out its activity when the public interest - both in the forms of common law and through the exercise of authority - requires the promotion or support of a judicial dispute, or involves the adoption of a decision that implies the application of legal rules. This choice offers undeniable advantages that make it relevant even today: unitary consideration of the interests of the State, which can transcend the outcome of the single cause; unity of direction in defensive activity; overall view of the problems of the administrative function; constant integration between consultative and litigation activities; significant reduction in legal assistance costs.

Therefore, the advice and representation and defense in court of the state administration in all its articulations , even if endowed with an autonomous system and, more generally, with all the powers of the state in the '' exercise of substantially administrative activities; special provisions of law or regulation, or individual decrees of the President of the Council of Ministers, may admit other non-state public entities or subsidized entities, subject to state protection or supervision (traditionally, regions and public entities, including economic ones, to the patronage of the Advocacy); lastly, also bodies of common law with public capital), and also foreign administrations (such as diplomatic representations) and international organizations; if the administrations or sponsored bodies request it and the Advocate General recognizes the opportunity, the State Advocacy also assumes the representation and defense of employees in civil and criminal judgments affecting them for service reasons. The advice that the State Advocacy provides, without limits on the matter, in favor of the state administration and the entities admitted to legal aid is independent of the connection with potentially or currently litigious situations, ranging from legal consultations, including on the advisability of promoting or abandoning judgments, the examination of draft laws, regulations or specifications, the preparation and examination of contracts and transactions, the opinion on the measures to be adopted in relation to issues to be defined administratively. The consultative function is carried out not only and not so much in the particular interest of the body that makes use of it (for example, to prevent a dispute), but also in order to guarantee the general interest in the legality of the administrative action.