Requirements for participation in the competition

The appointment of the State Attorney takes place following a public competition, announced by decree of the Attorney General and published in the Official Journal, for a predetermined number of positions. To participate in the competition, the law requires possession, on the deadline for submitting applications, of the following requirements:

• Italian citizenship
• belonging to one of the following categories:
  1. State prosecutors with at least two years of effective service
  2. magistrates of the judicial order who have obtained the appointment as court magistrate
  3. military justice magistrates with a qualification equivalent to that of a court magistrate of the ordinary judiciary
  4. administrative magistrates
  5. registered lawyers with a seniority of registration of no less than six years
  6. State employees belonging to the roles of former managerial careers or to the corresponding former functional qualifications referred to in law no. 312/80, with at least five years of effective service, who have passed the qualification exam to practice as a lawyer
  7. tenured or permanent university professors of legal subjects and university assistants of legal subjects, belonging to the permanent role, who have passed the qualifying exams to practice the profession of lawyer
  8. permanent employees of the regions, local authorities, national public bodies, hired through public competitions with at least five years of effective service in a managerial or professional legal career, who have passed the qualification exam to practice the profession of lawyer .

The competition tests

WRITTEN TESTS

The competition consists of four written tests , of a theoretical-practical nature, to be taken on four consecutive days and lasting eight hours each, and consist of the writing of:

• a defensinal act of civil law and procedure;
• a theoretical topic in civil law with reference to Roman law;
• a defensible act or a theoretical topic, in the opinion of the examining commission, in administrative or tax law;
• a defensible act or a theoretical topic, in the opinion of the examining commission, in criminal law and procedure.

Those who achieve no less than eight points on average and no less than seven in each of them pass the written tests.

ORAL EXAM

Those who pass the written tests are admitted to two oral tests, which each candidate takes on two different days, which consist of:

• an exam on the following subjects:
  1. civil right
  2. Roman law
  3. civil procedure
  4. criminal law
  5. Criminal Procedure
  6. labor law
  7. social legislation
  8. administrative law
  9. tax law
  10. state accounting
  11. regional law
  12. law of the European Communities
  13. constitutional right
  14. ecclesiastical law
  15. public and private international law

• an oral defense relating to a judicial challenge the topic of which must be given to the candidate at least twenty-four hours in advance.

Candidates who have obtained no less than eight points in each test in the oral tests are declared suitable.

The ranking

The commission forms the ranking of suitable candidates in the manner indicated in articles 28 of the regulation approved by royal decree 30 October 1933 n. 1612 and 1 of the legislative decree 2 March 1948 n. 155.
In case of equal points, the preferential criteria referred to in the art. will apply. 5 of the decree of the President of the Republic, 9 May 1994, n. 487, taking into account the provisions of art. 2, 9th co., of Law 16.6.1998, n. 191.