Judgments before international courts
According to a tradition that has found confirmation in art. 9 of law 3 April 1979 n. 103, the Attorney General of the State is entrusted with the function of representing and defending the Italian State in proceedings before international or community panels. The most important and frequent hypothesis is represented by the assumption of the defense of the State, as legislator or administrator, before the judicial bodies of the European Union: Court of Justice and Court of First Instance.
Of particular importance, however, is also the consultative assistance that the Lawyer's Office provides to facilitate compliance with the treaties in administrative activities and encourage the legislative transposition of community rules into Italian law.
Before some international panels (e.g. the International Court of Justice in The Hague), the State Attorney's Office normally operates within a defense panel, while before the European Court of Human Rights the defense of the State Italian is often carried out by an agent designated by the Ministry of Foreign Affairs.
Due to the particular importance of these activities, a proposal for the establishment of branch offices of the Bar in Strasbourg and Brussels is being examined.
In disputes arising before foreign judges, the Italian state is represented and defended by professionals authorized according to national laws, although the direction of defense activities remains with the State Attorney's Office; the possibility remains that the laws of individual states provide for the possibility of direct participation in the proceedings of foreign legal bodies.