Presidential Decree 11 July 2011, n. 161 (1). Regulation containing amendments and additions to the rules on the conduct of the competition as state attorney. ________________________________________ (1) Published in the Gazz. Office 30 September 2011, n. 228. ________________________________________ THE PRESIDENT OF THE REPUBLIC Having regard to article 87 of the Constitution; Having regard to article 17, paragraph 1, of the law of 23 August 1988, n. 400; Having regard to article 62 of the royal decree of 30 October 1933, n. 1611, bearing the approval of the Consolidated Law on laws and juridical norms on the representation and defense in court of the State and on the organization of the State Advocacy; Given the Royal Decree of 30 October 1933, n. 1612, approving the regulation for the execution of the Consolidated Law on the laws and juridical norms on the representation and defense in court of the State and on the organization of the State Advocacy; Having regard to article 3, paragraph 6, of law no. 127; Given the decree of the President of the Council of Ministers April 13, 2000, n. 141, concerning the regulation containing the age limit for participation in the competition for state attorney; Considering the need to obtain faster and effectively manageable insolvency procedures for access to the status of state attorney; Furthermore, considering the nature of the service requested from state prosecutors and the objective needs of the State Attorney's Office; Having heard the opinion of the Council of State, expressed by the advisory section for regulatory acts in the meeting of 21 April 2011; Given the resolution of the Council of Ministers, adopted at the meeting of 19 May 2011; On the proposal of the President of the Council of Ministers, in agreement with the Minister of Economy and Finance; It issues the following regulation: ________________________________________ ________________________________________ Art. 1 1. Article 13 of the Royal Decree of 30 October 1933, n. 1612, and subsequent amendments, is replaced by the following: «Art. 13. - 1. The examination for access to the qualification of state attorney consists of three written tests and an oral test. 2. The written tests take place in the province of Rome and consist of: a) the development of a theoretical-practical topic of private law and / or civil procedural law; b) in carrying out a theoretical-practical topic of criminal law and / or criminal procedure; c) in carrying out a theoretical-practical topic of substantive and / or procedural administrative law. 3. The oral test takes place in Rome and concerns, in addition to the matters indicated in paragraph 2, constitutional law, private international law, community law, tax law, labor law, and elements of legal information technology. " ________________________________________ ________________________________________ Art. 2 1. Articles 16 and 17 of the Royal Decree of 30 October 1933, no. 1612, are replaced by the following: "Art. 16. - 1. The judging commission for competitions for the posts of state attorney is composed of a state lawyer in the fourth salary class, with the functions of President, two state lawyers in a salary class of not less than the third, as well as by a magistrate of the Court of Appeal, designated by the President of the Court of Appeal of Rome, and by a lawyer or by an ordinary professor, respectively designated by the President of the National Bar Council from among the lawyers enrolled in the register for at least ten years, and by the rector of a state university among tenured professors in legal disciplines. After thirty days from the request for the designations without their having been received, the members outside the State Advocacy are also chosen by the State Advocate General. 2. The functions of secretary of the selection board are carried out by a state lawyer in the first salary class or by a state attorney. 3. The members of the commission and the secretary are appointed by the State Advocate General. Art. 17. - 1. Taking into account the number of applications for participation in the competition, the Advocate General may order by his own provision that one of the tests takes place in advance of the remaining ones, identifying the date on which it will be held. 2. In the hypothesis referred to in paragraph 1, two separate commissions are appointed at the same time in the composition indicated in article 16. The first commission proceeds to carry out all the tasks relating to the test carried out in advance of the others, including the 'identification of the related matter. 3. The second commission carries out all the tasks relating to the remaining written and oral tests. " ________________________________________ ________________________________________ Art. 3 1. Royal decree no. 1612, and subsequent amendments, after the third paragraph of article 18, the following are inserted: "In the hypothesis referred to in paragraph 1, of article 17, the Commission, on the day established for the completion of the test to be carried out in advance , proceeds preliminarily to the identification of the subject on which the test will focus by drawing lots among the categories of written tests referred to in article 13, paragraph 2, letters a), b) and c). To this end, the commission prepares three distinct, perfectly identical envelopes, which are closed and sealed by the president, each containing the indication of one of these tests. After having proceeded to the contestants' appeal, the drawing proceeds according to the procedures set out in the third paragraph. The provision of the third sentence of the third paragraph applies. Below, the formalities relating to the drawing of the themes of the chosen test are carried out, according to the procedures set out in the second and third paragraphs. ". ________________________________________ ________________________________________ Art. 4 1. After article 24 of the Royal Decree of 30 October 1933, no. 1612, the following are inserted: "Art. 24-bis - 1. In the competition for access to the qualification of state attorney, the commission, immediately after reading each paper, assigns it the relative score in accordance with article 25 and examines the subsequent papers only if at least six tenths of a score have been attributed to the previous ones. Art. 24-ter - 1. If one of the tests is carried out in advance according to the provisions of article 17, the first commission proceeds with the correction of the thesis according to the procedures indicated in article 25. 2. Upon completion of the correction, the the commission proceeds to the recognition of the names of all candidates pursuant to the tenth paragraph of article 24. 3. Only candidates who, in the first test, have achieved at least six tenths of a score are admitted to the remaining written tests. In case of failure to pass the first test, article 7, second paragraph, of the law of 20 June 1955, n. 519. 4. The list of candidates admitted to the remaining tests is published in the Official Journal together with the date of the tests. 5. The second commission referred to in article 17 will carry out the following duties. " ________________________________________ ________________________________________ Art. 5 1. Article 26 of the Royal Decree of 30 October 1933, no. 1612 is replaced by the following: "Art. 26. - 1. To be admitted to the oral tests, candidates must have obtained in the competition for state advocate not less than eight tenths on average in the written tests and not less than seven tenths in each of them and, in the competition for attorney of the State, not less than six tenths in each of the three tests, even in the case referred to in Article 17, paragraph 1. In any case, the evaluation is expressed solely by means of a numerical score. ". ________________________________________ ________________________________________ Art. 6 1. Article 1 of law no. 1035, is replaced by the following: "Art. 1. - 1. Italian citizens who have obtained a specialist degree in law or, according to the previous system of studies, a law degree following a university course with a legal duration of not less than four years. ". ________________________________________ ________________________________________ Art. 7 1. In article 1, paragraph 1, of the decree of the President of the Council of Ministers no. 141, the word: "forty" is replaced by the following: "thirty-five". ________________________________________ ________________________________________ Art. 8 1. Articles 10, first paragraph, 12, 18, from the seventh to the fifteenth paragraph, as well as 30 of the royal decree of 30 October 1933, n. 1612, are repealed. 2. In article 15, first paragraph, first sentence of the royal decree no. 1612, the words: "by a state lawyer to the fourth salary class" are replaced by the following: "by a deputy advocate general" and the words: "or extraordinary" are deleted. 3. In article 28, second paragraph, of the royal decree no. 1612, the words: "deputy advocate of the state" and "deputy attorney" are replaced, respectively, by the following: "advocate of the state" and "attorney of the state". 4. In article 33, first paragraph, of the royal decree no. 1612, in the first and second periods, the words: "the additions of power of attorney" are replaced by the following: "the state prosecutors". ________________________________________ ________________________________________ Art. 9 1. The implementation of this decree must not result in new or greater charges, or lower revenues, to be borne by public finance. The administration provides for the formalities envisaged by this decree with the human, instrumental and financial resources available under current legislation. This decree, bearing the seal of the State, will be included in the Official Collection of the legislative acts of the Italian Republic. Anyone responsible is obliged to observe it and have it observed.