The appointment of the Attorney General implies a set of discretionary assessments left to the exclusive competence of the Council of Ministers. It is made by decree of the President of the Republic, on the proposal of the President of the Council of Ministers following a resolution of the Council itself (art. 30, TU 1933). The Attorney General expresses the unitary direction of the State Attorney's Office, and therefore coordinates, gives impetus and directs the institutional activity. This is one of the cornerstones of the organization of the Institute since the regulation of 16 January 1876, n. 29, reiterated in the TU of 1913, and then in that of 1933. Art. 17 of the TU of 1933, taking up art. 2 of that of 1913, assigns the direction of the Institute to the Attorney General; and the art. 15 of the first, taking up art. 13 of the second, provides: "The State Attorney General makes all proposals for appointments and for any other provision concerning the staff of the State Attorney's Office; supervises the progress of the service; supervises the handling of contentious and consultative affairs with general instructions and special directive norms; resolves differences of opinion both between the district offices of the State Attorney's Office and between these and the administrative offices. The general advocate reports to the Head of Government on the progress of the work of the State Attorney's Office by submitting appropriate reports".

RD 30-10-1933 n. 1611 - TU of the laws and legal norms on the representation and defense in court of the State and on the organization of the State Attorney's Office.

The State Attorney General:

• determines the directives relating to the handling of contentious and consultative affairs;

• presides over and convenes the council of state lawyers and prosecutors and the advisory committee;

• supervises all the offices, services and staff of the State Attorney's Office and supervises their organisation, giving the appropriate provisions and general instructions;

• resolves, after consulting the advisory committee, differences of opinion both between the district offices of the State Attorney's Office and between them and the individual administrations;

• assigns litigation and consultative affairs to lawyers and prosecutors serving at the State Attorney General's Office, based on the criteria established by the consultative committee;

• periodically reports to the President of the Council of Ministers on the activity carried out by the State Attorney's Office, presenting specific reports, and also promptly reports any legislative deficiencies and interpretative problems that emerge during the institute's activity;

• makes proposals and adopts measures expressly attributed to its competence, as well as any other measure concerning the offices and personnel of the State Attorney's Office that is not attributed to another authority.

In case of impediment or absence, the Attorney General is replaced by the Deputy Attorney General with greater seniority in the position.

The Deputy Attorney General replaces, in cases of absence or impediment, the State Attorney General and assists him in the tasks entrusted to him (see paragraph 4, art. 6 bis, DL 24-12-2003 n. 354).