Judgments before the Constitutional Court
The State Attorney's Office carries out its legal aid before the Constitutional Court in the following types of proceedings:
- Judgments on the constitutional legitimacy of laws or acts having the force of law promoted incidentally in another proceeding;
- Primarily challenging laws or acts having the force of law;
- Conflict of attribution between State powers, between State and Regions;
- Judgments on the admissibility of repealing referendums.
In such proceedings before the Constitutional Court, the State Attorney's Office represents and defends the President of the Council of Ministers or the Minister delegated by him for participation in the proceedings (Art. 20 L.11 March 1953, n. 87).
The President of the Council of Ministers intervenes in proceedings before the Constitutional Court also on matters that fall within the competence of other Ministries (Cost. Court sentence n.1 of 1956).
As in general for all State Administrations that are party to proceedings before a Judicial Authority, the assistance in court of the President of the Council of Ministers or of the individual Minister is the exclusive responsibility of the State Attorney's Office.
The competence to appear in proceedings before the Constitutional Court lies with the Attorney General of the State based in Rome (art. 9 L. 3 April 1979, n.103).
Even the appearance of the State Attorney General before the Constitutional Court, like other cases, does not require the presentation of a mandate (art. 12 of the Royal Decree of 30 October 1933, n. 1611 and Constitutional Court, sentence n. 6 of 1969).
Representation before the Constitutional Court lies with the State Attorney General or his deputy (art. 203 of Law no. 87 of 11 March 1953). This highlights in particular how the importance of the defense in said judgments in any case involves the responsibility of the head of the legal profession.
However, the State Attorney's Office is not present before the Constitutional Court in prosecution proceedings brought against the President of the Republic, in which there is no possibility for the State to join as a civil party.
Judgments on the constitutional legitimacy of laws or acts having the force of law promoted incidentally in another proceeding
The State Attorney's Office intervenes, representing the President of the Council of Ministers or a Minister delegated by him, in incidental constitutional legitimacy judgments that take place before the Constitutional Court.
The intervention of the President of the Council of Ministers takes place with the filing of the deductions.
The appearance in court of the State Attorney General does not take place unless at the request of the President of the Council of Ministers, with the Government, through the technical body representing the court, demonstrating the Government's political interest in the preservation of the subject law of the Constitutional Court syndicate.
The intervention of the President of the Council of Ministers does not give rise to an intervention in the strict sense (Cost. Court sentence No. 1 of 1956) and therefore does not prevent the question of constitutional legitimacy from being decided equally in chambers when there is no was the constitution of the parts of the main proceedings in which it was raised (Constitutional Court no. 210 of 1983).
The Attorney General of the State can intervene on behalf of the President of the Regional Council in the judgment of constitutional legitimacy on an incidental basis which concerns laws of Regions which make use of its compulsory or optional patronage (link to the section dedicated to the patronage of the Regions).
The provisions mentioned for the Regions also apply when one of the two Provinces of Trentino-Alto Adige is interested in the proceedings (art. 36 L. 11 March 1953, n. 87).
Primarily challenging laws or acts having the force of law
The Attorney General of the State proposes to the Constitutional Court the question of the principal constitutional legitimacy of a regional law at the request of the President of the Council of Ministers, following a resolution of the Council of Ministers (art. 312 L. 11 March 1953, n. 87 ).
The request does not have to take a particular form, but can be expressed, from time to time, in the form appropriate to the specific case (Constitutional Court no. 147 of 1972).
The act introducing the judgment is directed to the Constitutional Court and is notified to the President of the Regional Council (art. 312 L. 11 March 1953, n. 87).
The State Attorney General also participates as a representative of the President of the Council of Ministers in the constitutional legitimacy proceedings brought before the Constitutional Court primarily by a Region against a law or an act having the force of law of the State or against a law of a 'other Region.
Conflict of attribution between State powers, between State and Regions
Subject to a resolution by the Council of Ministers (art.23, letter g of law 23 April 1988, no. 400), the State Attorney General participates, representing the President of the Council of Ministers or a Minister delegated for this purpose, in the judgments before the Constitutional Court having as their object the resolution of conflicts of attribution between State powers (Articles 20 and 37 L.11 March 1953, n.87).
The State Attorney's Office appears before the Constitutional Court as the direct representative of the Minister concerned only when the conflict concerns the administrative powers conferred on it by law.
The other parties to the proceedings, if they do not appear personally, must be represented and defended by freelancers authorized to practice before the higher jurisdictions. When brought by or against the Government or a Minister, the State Attorney's Office lends its legal aid only in favor of the latter, even if the judgment also concerns another State power which makes institutional use of the Institute's patronage .
The appeal is proposed in the interest of the President of the Council of Ministers and must contain a summary explanation of the reasons for the conflict as well as an indication of the constitutional rules that regulate the matter.
Judgments on the admissibility of repealing referendums
The State Attorney General also represents the Government in judgments regarding the admissibility of abrogating referendums before the Constitutional Court provided for by art. 75 of the Constitution and art. 2 of the Constitutional Law. 11 March 1953, n. 1.