Approval of the TU of the laws and legal norms on the representation and defense in court of the State and on the system of the State Attorney's Office (2) (2/a) (1/circ)

(GU n. 5, 7 January 1991, General Series)

TITLE I

Representation, summons and state court

Chapter I - Representation and defense of the State in court (3)

Article 1
The representation, patronage and assistance in court of the State Administrations, even if organized under an autonomous system, is the responsibility of the State Attorney's Office. State lawyers exercise their functions before all jurisdictions and in any location and do not need a mandate, not even in cases in which ordinary rules require a special mandate, as long as it is based on their quality.

Article 2
For the representation of the State Administrations in trials that take place outside the headquarters of the State Attorney's Office, the latter has the right to delegate officials of the Administration concerned, excluding magistrates of the Judicial Order, and in exceptional cases also legal attorneys, traders in the district where the trial takes place. The State Attorney's Office has the right to confer - in relation to particular, ascertained needs - the delegation referred to in the first paragraph of this article to legal attorneys with regard to the performance of representation duties in civil and administrative judgments taking place in the locations of the offices of the State Attorney General or district attorneys' offices, relating to matters concerning suppressed entities (3/a) .

Article 3
Before the Courts and Conciliation Offices, the State Administrations, including the State Attorney's Office, may be represented by their own officials who are recognized as such.

Article 4
In cases relating to the transport contract before the Courts and Conciliation Offices, the State Railways Administration is represented and defended by its agents who have a general or special mandate for each judgement.
The Director General of the State Railways has the right to request the State Attorney's Office to deal with said cases, which may delegate the station chiefs or other railway administrative agents for representation (4) .

Article 5
No State Administration can request the assistance of lawyers from the free court except for absolutely exceptional reasons, after hearing the opinion of the State Attorney General and according to rules that will be established by the Council of Ministers.
In individual cases, the task must be conferred by decree of the Head of Government in agreement with the Minister on whom the Administration concerned depends and with the Minister of Finance.

Chapter II - State Court

Article 6
Without prejudice to the provision of the following article, jurisdiction for cases in which a State Administration is a party, even in the case of multiple defendants pursuant to art. 98 of the code of civil procedure (5) , it is up to the Court or Court of Appeal of the place where the office of the State Attorney is located in whose district the Court or Court of Appeal is located which would be competent according to the rules ordinary. When a State Administration is called under guarantee, the knowledge of both the main cause and the action under guarantee is devolved, upon the simple request of the Administration, by order of the President, to the competent judicial authority pursuant to the previous paragraph.

Article 7
The ordinary rules of jurisdiction remain unchanged, even when a State Administration is involved, for judgments before the Magistrates' Court and Conciliators, as well as for judgments relating to executive and bankruptcy proceedings and those referred to in articles. 873 of the Commercial Code and 94 of the Civil Procedure Code (6) . They also remain valid in cases of voluntary intervention in a case by a State Administration and in third-party opposition proceedings.
The appeal from the sentences of the Magistrates and the sentences of the Courts pronounced in the aforementioned cases is proposed respectively before the Court and the Court of Appeal of the place where the State Attorney's Office is located in whose district the sentences were pronounced (6/cost ) .

Article 8
The decision on judicial disputes concerning taxes and surcharges, even if they arise during the execution, falls in the first instance, when the State Administration is a party, to the civil court of the place where the State Attorney's office is located, in in which district the office that paid the disputed tax or surcharge is located.

Article 9
Incompetence in relation to articles 6, first paragraph, 7, second paragraph, and 8, can be raised at any stage and level of the case. The judicial authority must also pronounce it ex officio.

Article 10
In cases in which a State Administration is a party, the Court of Cassation, in ordering the referral pursuant to the first paragraph of the art. 544 of the code. of procedure civil (7) , refers the case to another judicial authority with headquarters in a place where an office of the State Attorney's Office is also located.

Chapter III - Summons to court of the State Administrations and other notifications to them

Article 11
All summons, appeals and any other act of judicial opposition, as well as oppositions to injunctions and acts establishing proceedings which take place before administrative or special jurisdictions, or before arbitrators, must be notified to the State Administrations at the office of the State Attorney's Office in whose district the judicial authority before which the case is brought is located, in the person of the competent Minister (8) (8/a) . All other judicial documents and sentences must be notified to the office of the State Attorney in whose district the judicial authority where the case is pending or which pronounced the sentence is located. The notifications referred to in the previous paragraphs must be made to the competent State Attorney's Office under penalty of nullity to be pronounced even ex officio (8/b) .

Article 12
(9)
TITLE II
State Attorney's Office

Chapter I - Functions of the State Attorney's Office

Article 13
The State Attorney's Office provides legal protection for the rights and interests of the State; to legal consultations requested by the Administrations and also to advise and direct them when it comes to promoting, contesting or abandoning judgements: examines draft laws, regulations and specifications drawn up by the Administrations, if requested; prepares transactions in agreement with the Administrations involved or expresses an opinion on the transaction documents drawn up by the Administrations: prepares contracts or suggests measures regarding complaints or issues raised administratively that may give rise to litigation.

Article 14
The State Attorney's Office corresponds directly with the State Administrations, from which it requests all the clarifications, information and documents necessary for the fulfillment of its duties.

Article 15
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 general advocate is replaced by the deputy advocate general with the most seniority in the position (10) .

Article 16
The Deputy Attorney General of the State assists the Attorney General and replaces him in case of impediment or absence (11) .

Chapter II - State Attorney's Offices

Article 17
The offices of the State Attorney's Office depend on the Head of Government, Prime Minister, Secretary of State, and are placed under the immediate direction of the Attorney General.

Article 18
The State Attorney's Office is made up of the General Attorney's Office and the district attorneys' offices. The Attorney General's Office is based in Rome.
The district attorney's offices are based in each regional capital and, in any case, where courts of appeal are established.
In the district of the Court of Appeal of Rome, the powers of the district attorney are exercised by the State Attorney General. In the district of the Court of Appeal of Turin, the Turin district attorney's office also has jurisdiction for the Aosta Valley (12) .

Article 19
(13-15)

Article 20
The Secretary General of the State Attorney's Office is especially responsible for supervising administrative and confidential matters (16) .
In case of absence or impediment of the Secretary General, the State Attorney General appoints another Lawyer to temporarily exercise his functions.

Article 21
The General State Attorney's Office and the district attorney's offices in the cases handled by them respectively take care of the collection of the fees of lawyers and prosecutors from the counterparties when such fees are placed at the expense of the counterparties themselves as a result of a sentence, order, waiver or settlement (16/a) .
With compliance with the provisions contained in title II of the law of 25 November 1971, number 1041, all the sums referred to in the previous and subsequent paragraphs are divided eight-tenths among the lawyers and prosecutors of each office based on the rules of the regulation and two tenths in equal measure among all lawyers and state prosecutors. The distribution takes place after the titles, on the basis of which the sums were collected, have become irrevocable: the sentences by res judicata, the waivers by acceptance and the transactions by approval (16/a) .
In other cases of settlement after a ruling favorable to the State Administrations and in cases of pronounced compensation of expenses in cases in which the Administrations themselves have not been unsuccessful, it will be paid by the Treasury to the State Attorney's Office, in the manner established by the regulation, half of the skills of lawyer and prosecutor that would have been paid to the losing party. When the compensation of expenses is partial, in addition to the portion of the fees collected from the losing party, the Treasury will pay half the portion of the lawyer's and prosecutor's fees on which the compensation fell (16/b) .
The fees referred to in the previous paragraph are paid on the basis of the attorney general's payment, prepared in accordance with the legal tariffs (16/c) .
The provisions of this article are also applicable for judgments in which the State Attorney's Office represents and defends the regions and all other non-state public administrations and public bodies (16/c) .
The first paragraph of this article is applicable for judgments in which the State Attorney's Office assumes the representation and defense of employees and agents of the administrations of the State, the regions and all other non-state public administrations and public bodies (16 /c) (16/d) .

Chapter III - Staff of the State Attorney's Office

Article 22
The role, titles and grades of the staff of the State Attorney's Office are established in accordance with Table A attached to this consolidated act (17) .
Salaries and related periodic increases are determined in accordance with the Royal Decree of 11 November 1923, n. 2395, and related tables and subsequent amendments (18) .

Article 23
State lawyers are equivalent to magistrates of the judicial order in accordance with table B annexed to this TU.

Article 24
Officials of the State Attorney's Office cannot hold other public jobs, nor practice trading or any other profession, nor without the authorization of the State Attorney General, assume paid positions of any kind (19) .
Legal practice for the exercise of the professions of lawyer and prosecutor can be carried out at the offices of the State Attorney's Office.
The practice does not give any qualification for admission into the careers of the State Attorney's Office and cannot last beyond the minimum time required to be admitted to the exams for registration in the professional registers.

Article 25
[A Permanent Commission for the State Attorney's Staff is hereby established, composed of the State Attorney General who chairs it, the Deputy State Attorney General and the three most senior Deputy Attorneys General.
When appointments must be made in accordance with the art. 31 of this TU, a magistrate of a rank no lower than that of counselor of the Court of Cassation, designated by the Minister for Pardon and Justice, is part of the Commission.
The Secretary General of the State Attorney's Office intervenes in the Commission as secretary and has a consultative vote] (20-21) .

Article 26
[In case of absence or impediment of the State Attorney General, the Personnel Commission is chaired by the Deputy State Attorney General. For the validity of the resolutions, the intervention of at least three members is required. Resolutions are taken by majority vote; in the event of an equal vote, that of the President will prevail.
In the event of absence or impediment of the Secretary General of the State Attorney's Office, the Attorney General appoints one of the employed lawyers to temporarily exercise his functions, who takes part in the Commission as secretary but without an advisory vote.
The functions of the Commission regarding appointments, promotions and disciplinary measures are determined by the regulation] (20-21) .

Article 27
The positions of second class Deputy State Lawyer (22) are awarded following a competition for theoretical and practical examination, to which the following may be admitted: magistrates of the Judicial Order who have at least four years of service, including the audience, or have obtained the appointment as Judicial Deputy or Magistrate; military justice magistrates who, having completed four years of service, including the training period, have obtained the appointment as second class Deputy Military Prosecutor; lawyers who have been registered in the register for at least two years; officials of the role of prosecutors of the State Attorney's Office after at least three years of service.
To be admitted to the competition, it is necessary to not have exceeded the age of thirty-five, with the exception of magistrates and officials of the role of prosecutors of the State Attorney's Office, and without prejudice to the other exceptions established by the provisions in force (23) .

Article 28
In the role of state lawyers the promotions are:
from second class Deputy State Attorney (22) to first class Deputy State Attorney (22) ;
from first class Deputy State Attorney to General Secretary of the State Attorney's Office or Deputy State Attorney;
from Secretary General of the State Attorney's Office or from Deputy State Attorney to Deputy State Attorney General or District Attorney of the State (24) ;
from Deputy State Attorney General or State District Attorney (24) to Deputy State Attorney General;
from Deputy State Attorney General to State Attorney General.
Promotions to the rank of first class Deputy State Lawyer are made for the first two fifths by choice and for the other three fifths according to the seniority shift, subject to a judgment of promoteability based on merit.
Promotions to the rank of Deputy State Attorney are made for the first three fifths by choice and for the other two fifths according to the seniority shift, subject to a judgment of promoteability based on merit.
Promotions to higher ranks are made exclusively by choice.
Promotions are arranged by royal decree on the proposal of the Head of Government, subject to the promotion assessment given by the Personnel Commission for the ranks of first class Deputy Lawyer.

Article 29
The Secretary General of the State Attorney's Office is appointed by royal decree from among the Deputy State Lawyers or, otherwise, with promotion chosen from among the Deputy State Lawyers, subject, in the latter case, to a resolution of the Personnel Commission (24/ to) .
Upon proposal of the State Attorney General, the Secretary General may move among the Deputy Lawyers, taking the position determined by the seniority of his original promotion to Deputy Lawyer or General Secretary.

Article 30
The appointment of the State Attorney General is made by royal decree on the proposal of the Head of Government, following a resolution of the Council of Ministers.

Article 31
[To the post of Deputy Advocate General of the State and to no more than half of the vacant positions in each grade of the role of the lawyers of the State may be appointed, by royal decree, on the proposal of the Head of Government, for the Deputy Advocate General understood the Attorney General and subject to resolution of the Council of Ministers, and for the others understood the Personnel Commission:
a) law graduates who have practiced the profession of lawyer in the Kingdom for not less than ten years, or for not less than six when they are effective teachers of legal subjects in a government institute of higher education, and who have acquired deserved fame in the forensic practice; b) the magistrates who allow the passage. These may be placed in the grade immediately higher than the one from which they come] (24/b) .

Article 32
The second class Assistant Prosecutors (25) are appointed by decree of the Head of Government from among those registered in the register of legal attorneys and among the auditors of the Court or Magistrate's Court who have completed twelve or eighteen months of effective training respectively, provided that they are recognized as suitable by the Personnel Commission (26) .
Deputy prosecutors (27) can also be appointed following an exam competition, to which those who satisfy the conditions referred to in the previous paragraph will be admitted, as well as law graduates meeting the requirements to participate in the exam for registration in the register of solicitors. Practice with a lawyer or with the State Attorney's Office is equivalent to practicing law in the office of a prosecutor. The exam is theoretical and practical and focuses on the subjects of the competition exam for registration in the register of prosecutors, according to the rules established by the regulation.
To obtain the appointment as Deputy Prosecutor (27) one must not have exceeded the age of thirty, with the exception of those who come from the role of the judiciary and without prejudice to the other exceptions established by the provisions in force.
After one year of service of their functions, the Deputy Prosecutors (27) are scrutinized by the Personnel Commission with the aim of establishing whether they should remain in service or be dismissed with three months' notice and without the right to any compensation (28) .

Article 33
The second class Deputy Prosecutors (27) are promoted to the first class according to the seniority shift, subject to a judgment of promotion based on merit, when they have completed a useful seniority of five years, calculating the duration of the service actually performed in the eleventh grade of the role of the State Attorney's Office and increasing, for no more than two years, the previous service in the judiciary or the legal practice for admission to the competition for legal attorney or deputy prosecutor (27) , completed after obtaining the degree in jurisprudence.
Promotions to third class prosecutor (29) are conferred according to seniority rotation following a judgment of promotion on merit to first class prosecutor assistants (27) , regardless of their seniority in rank.
Promotions to second class prosecutor (29) are awarded exclusively through a competitive exam, to be carried out according to the rules dictated by the regulation; The exam is admitted, upon request, to personnel of the lower grades of the same role who, on the date of the decree calling for the exam, have completed six years of effective service in the same role, excluding for these purposes the judiciary service or the forensic practice, indicated in the first paragraph of this article, and who, in the opinion of the Personnel Commission, has demonstrated ability, diligence and good conduct.
Promotions to first class prosecutor (29) are awarded by choice from second class prosecutors (29) who have completed at least three years of effective service in this grade.
All promotions in the role of State Attorney's Office are arranged by decree of the Head of Government; those of seniority combined with merit and choice are preceded by the promotion assessment given by the Personnel Commission (30) .

Article 34
All State lawyers are retired upon reaching their seventieth birthday (31) .

Article 35
In making the designations of Deputy State Attorneys eligible for promotion to the rank of Deputy Attorney General or State District Attorney (32), the Personnel Commission indicates for dispensation and retirement the Deputy Attorneys who, due to lack of industriousness or capacity, are no longer suitable for the functions of their grade.
By resolution of the Council of Ministers, and upon a reasoned proposal from the Attorney General of the State, officials of a rank higher than that of Deputy Lawyer who, due to lack of industriousness or ability, no longer correspond to the needs of service.

Article 36
The Deputy State Lawyers, who in three or more consecutive assessments, of which the last is at least three years distant from the first, have been pre-qualified for promotion due to merit to Deputy Lawyer, are annually subjected to judgment by the Personnel Commission who declares whether due to their industriousness and ability they retain suitability for the functions of their grade. In the event of an unfavorable judgement, they are released from service and retired.
Deputy State Lawyers who have been prevented from granting the periodic salary increase three consecutive times are excused from service and retired.

Article 37
The District Attorneys of the State (32) may be placed at the disposal of the Head of Government for a term not exceeding six months, when this is required by the needs of the service, after hearing the Attorney General of the State and following a resolution of the Council of Ministers.
When the term for which they were made available is not recalled to their duties, they are placed on leave for service reasons for a term not exceeding two years.
If they are not recalled to their duties even at the end of their leave, they are released from service and allowed to assert their right to a pension in accordance with the law (33) .

Article 38
During disposition and leave of absence, District Lawyers (33) are placed out of service and are granted an allowance which is equal to their salary during disposition, and not more than two-thirds, nor less than one-half, during the expectation.
At the end of the provision or leave of absence they have the right to resume the position they had in the seniority ranking.
The time spent available or on leave for service reasons is assessed in full for the purposes of the retirement pension.
The District Lawyers (32) available or on leave for service reasons cannot exceed the number of one (33) at the same time.

Article 39
For the appointment, promotions and retirement of law enforcement and subordinate staff of the State Attorney's Office, unless otherwise provided in this TU and the related regulation, the provisions of the Royal Decree of 11 November 1923, n. 2395, on the hierarchical order and of the Royal Decree of 30 December 1923, n. 2960, on the legal status of civil employees of the State Administration, and respective amendments and additions (34) .

Article 40
The provisions contained in the second part of the Royal Decree of 30 December 1923, n. are applicable to the staff of the State Attorney's Office. 2960, in relation to the rules of this TU except as provided in the regulation (35) .
Censure and salary reduction are inflicted by the State Attorney General with a definitive measure.
The powers of the disciplinary commission are exercised by the Council of Ministers for officials of a higher rank than Deputy State Attorney and in other cases by the personnel commission in accordance with the regulation.

Article 41
The staff of the State Attorney's Office are entitled to travel and subsistence allowances pursuant to Legislative Decree 14 September 1918, n. 1311, and the articles. 180 and 181 of the RD 11 November 1923, n. 2395, in the cases provided therein, without prejudice to the reduction referred to in art. 1 of Legislative Decree 20 November 1930 n. 1491, converted into law with L 6 January 1931, n. 18 (36) .
To officials of the role of State lawyers and of the role of prosecutors of the State Attorney's Office, when they go outside the city where their office is based to assist the Administrations in disputes and judgements, in addition to the allowances referred to in the previous paragraph, a supplementary indemnity may be paid to be paid from time to time by the Administration concerned in agreement with the Head of Government for the State Attorney General and upon proposal of the latter for all other officials (37) .

Article 42
The staff of the State Attorney's Office are entitled to railway travel concessions in accordance with the provisions of Legislative Decree 3 January 1926, n. 188, converted into law with Law 10 July 1926, n. 1257 (37/a)

TITLE III
Assumption by the State Attorney's Office of the representation and defense of non-state administrations and employees

Article 43
The State Attorney's Office can assume the representation and defense in active and passive proceedings before judicial authorities, arbitration panels, administrative and special jurisdictions, non-state public administrations and subsidized bodies, subject to the protection or even sole supervision of the State, provided that it is authorized by law, regulation or other provision approved by royal decree (38) .
The aforementioned provisions and measures must be promoted in concert with the Ministers for Grace and Justice and for Finance (39) .
If the authorization referred to in the first paragraph has been granted, representation and defense in the proceedings indicated in the same paragraph are assumed by the State Attorney's Office on an organic and exclusive basis, except in cases of conflict of interest with the State or with the regions (39/a) .
Without prejudice to cases of conflict, where these administrations and bodies intend not to make use of the State Attorney's Office in special cases, they must adopt a specific reasoned resolution to be submitted to the supervisory bodies (39/a) .
The provisions referred to in the previous paragraphs are extended to regional bodies, following a resolution of the competent bodies (39/a) .

Article 44
The State Attorney's Office assumes the representation and defense of employees and agents of the State Administrations or of the administrations or bodies referred to in the art. 43 in civil and criminal proceedings that concern them for facts and causes of service, if the administrations or bodies request it, and the State Attorney General recognizes the opportunity.

Article 45
For the exercise of the functions referred to in the two previous articles, the second paragraph of the art. applies. 1 of this consolidated act.

TITLE IV
General, transitional and final provisions
Chapter I - General provisions

Article 46
The rules of titles I and II also apply to the affairs of the Colonies and Possessions to be transacted in the territory of the Kingdom.
In the Libyan colonies, all disputes between private individuals and the Public Administration under the jurisdiction of the judicial authority are referred exclusively to the jurisdiction of the Civil Court of Tripoli for Tripolitania and the Civil Court of Benghazi for Cyrenaica.
Incompetence in relation to the previous paragraph can be raised at any stage and level of the case. The judicial authority must also pronounce it ex officio.
The State Administration is cited and institutes judgments in the person of the Governor.
The summons, sentences and every judicial act must be notified under penalty of nullity to be pronounced ex officio at the State Attorney's Office in Tripoli for Tripolitania and in the branch office of Benghazi for Cyrenaica. Appeals to the Court of Cassation must be notified, also under penalty of nullity, to be decided ex officio, at the Attorney General's Office in Rome.

Article 47
The State Attorney's Office gives the opinions requested by the bodies for which it assumes the representation and defense pursuant to Title III.

Article 48
The provisions of Title III may also apply to foreign State Administrations and representatives of their respective Governments insofar as they are plaintiffs or defendants in proceedings to be carried out in the Kingdom and the State Attorney's Office is authorized in the ways indicated in the art. 43 to assume its representation and defense.

Article 49
The skills of the delegated legal attorneys pursuant to art. 2 are settled by the District Attorney of the State (40) , and, for the district of the Court of Appeal of Rome, by the Attorney General of the State.
The Attorney General of the State deals with complaints against the liquidation of the District Attorneys (40) of the State.
The decisions of the State Attorney General relating to the liquidations referred to in this article are final and unquestionable.

Article 50
Officials, employees and agents of the State Attorney's Office are prohibited from establishing or participating in associations of the kind referred to in the art. 11 of Law 3 April 1926, n. 563, on the legal regulation of collective labor relations.


Chapter II - Transitional provisions

Article 51
Where the Court of Cassation before the entry into force of the provisions of chapter III of the Royal Decree of 30 December 1923, n. 2828 has ordered the referral of the case before a non-competent judicial authority pursuant to the same provisions, the First President of the Court of Cassation, upon request of the diligent party, shall appoint the referring judge by order pursuant to the previous art. 10.

Article 52
Notifications to the State Administrations of the documents referred to in art. 11 must be made, without prejudice to the rules of competence contained in Title I, to the person of the Minister in office (41) .

Article 53
The Attorney General of the State and the Deputy Attorney General of the State in office since 1 December 1923, when they are retired, will be entitled to the treatment referred to in the art. 206 of the RD 11 November 1923, n. 2395, modified by the Royal Decree of 4 October 1928, n. 2304, and art. 1 of the Legislative Decree 11 April 1929, n. 468, converted into law with Law 27 June 1929, n. 1129.

Article 54
For the purposes of the art. 31 letter a) for Dalmatians who have opted for Italian citizenship by virtue of the Treaty of Rapallo, the profession in the judicial colleges of the former Austro-Hungarian Empire is considered to be practiced in the Kingdom.

Article 55
Officials from the State Attorney's Office are seconded to the Central Administration of the State Railways to provide advice and immediate assistance. These officials may also be entrusted by the State Attorney General with the consultative and contentious handling of other matters.

Article 56
The personnel coming from the State Railways Administration by virtue of the RR.DD. 13 January 1924, n. 9, and 1 May 1925, n. 591 (42) remains enrolled in the pension fund referred to in the consolidated text approved with Royal Decree of 22 April 1909, n. 229 (43) and subsequent amendments, continuing to be subject to the relevant withholdings.
Likewise, with the same obligation, it will continue to be registered with the social security scheme for state railway personnel referred to in Law no. 10 June 1943. 641, and subsequent amendments. The contributions already paid by the State Railways Administration for the two aforementioned institutions weigh on the funds of the Finance Administration.
The officials and agents coming from the State Railway Administration continue to benefit from the accommodation in the houses of the railway workers which they were provided with upon transfer and also retain, being in possession of the required requisites, the right to the assignment of accommodation built or being built by railway cooperative building societies in which, at the time of transfer to the role of the State Attorney's Office, they were registered as members.

Article 57
Officials and agents from the railway administration who, as a result of the transfer to the role of the State Attorney, are given a lower emolument than they were entitled to, will be paid the difference as a personal allowance to be absorbed. on the occasion of promotions and subsequent periodic salary increases.

Article 58
Officials and agents coming from the Railway Administration are entitled to the treatment due to them and their families upon transfer to the State Attorney's Office, as far as it reflects the railway circulation and the concessions that can be granted directly by the State Railway Administration on its own lines.

Article 59
The office, library and archive furniture and the books assigned to the abolished legal office of the State Railways were transferred to the State Attorney's Office and remained its responsibility starting from 1 July 1925.

Article 60
The annual allocation of funds for the library transferred to the State Attorney's Office remains the responsibility of the Railway Administration in the amount established upon entry into force of the Royal Decree of 1 May 1925, n. 591.


Chapter III - Final provisions

Article 61
Provisions contrary to the rules contained in this consolidated act are repealed.

Article 62
By royal decree, upon proposal of the Head of Government, in agreement with the Minister for Finance, the necessary regulations for the implementation of this consolidated text will be issued.

Table A (44)

Table B

Table of equivalence of state lawyers and prosecutors to magistrates of the judicial order

State Attorney General Attorney General of the Court of Cassation State lawyer with 4th salary class President of the section of the Court of Cassation State lawyer with 3rd salary class Cassation advisor State Attorney with 2nd salary class and State Attorney with 4th salary class Counselor of the Court of Appeal State Attorney with 1st salary class and State Attorney with 3rd salary class Court Judge State Attorney with 1st salary class and State Attorney with 3rd salary class Judicial adjunct State Attorney at the 1st salary class Judicial auditor, six months after appointment

(1) Published in the Gazz. Ugh. 12 December 1933, n. 286.
(1/circ) With reference to this provision, the following circulars have been issued:
- Ministry of Education: Circ. 13 June 1996, n. 228; Circ. February 19, 2001, n. 35;
- Ministry of Finance: Circ. 11 August 1998, n. 201/E.
(2) This consolidated act was issued pursuant to the delegation granted to the Government by art. 3, RDL 5 April 1925, n. 397, converted into law by Law 21 March 1926, n. 597. The provisions of the previous TU of 24 November 1913, n. have been transposed into the consolidated text. 1303; DLLgt. 21 April 1919, n. 560; RDLgs. 30 December 1923, n. 2828 and RDL 5 April 1925, n. 397.
(2/a) See also Law 3 April 1979, n. 103, reported in n. XXII.
(3) For non-state bodies authorized to avail themselves of the patronage of the State Attorney's Office, see RD 8 June 1940, n. 779, reported in n. III.
(3/a) Paragraph added by art. 1, L. 10 May 1982, n. 271, reported in n. XXIII.
(4) For judgments resulting from the transport of goods, see, however, art. 57, Presidential Decree 30 March 1961, n. 197, reported under the heading Ferrovie dello Stato.
(5) Now, art. 33 cpc 1942.
(6) Now, respectively art. 590 navigation code 1942 and art. 22 cpc 1942.
(6/cost) The Constitutional Court, with order 28 February-19 March 2002, n. 66 (Gazz. Uff. 27 March 2002, n. 13, special series), declared the manifest unfoundedness of the question of constitutional legitimacy of the art. 7 raised in reference to the articles. 3, 24 and 38 of the Constitution.
(7) Now, art. 383 cpc 1942.
(8) Paragraph thus replaced by art. 1, L. 25 March 1958, n. 260, reported in n. VIII.
(8/a) See also art. 10, L. 3 April 1979, n. 103, reported in n. XXII.
The Constitutional Court with sentence no. 97 of 26 June 1967, declared the constitutional illegitimacy of the third paragraph of the art. 11, to the extent that it excludes the amnesty of the nullity of the notification.
(9) Repealed by art. 2, L. 25 March 1958, n. 260. See also articles. 4 and 5 same law, reported in n. VIII.
(10) Article thus replaced by art. 15, L. 3 April 1979, n. 103, reported in n. XXII.
(11) See also art. 8, Legislative Decree 2 March 1948, n. 155, reported in n. YOU.
(12) Article thus replaced first by art. 1, Legislative Decree. 26 March 1946, n. 158 and then by art. 7, L. 3 April 1979, n. 103, reported in n. XXII.
(13-15) Article repealed by art. 8, L. 3 April 1979, n. 103, reported in n. XXII.
(16) See also art. 8, third paragraph, Legislative Decree 2 March 1948, n. 155, reported in n. YOU.
(16/a) Paragraph thus replaced by art. 27, L. 3 April 1979, n. 103, reported in n. XXII.
(16/b) See articles. 2 and 3, L. 15 November 1973, n. 734, reported under the heading Civilian State Employees.
(16/c) Paragraph added by art. 27, L. 3 April 1979, n. 103, reported in n. XXII.
(16/d) See, now, the art. 1, L. 23 December 1993, n. 559, reported under the heading Administration of the State's assets and general accounting.
(17) See note 44 to Table A at the bottom of this decree.
(18) The economic treatment is now regulated by article 12, Law 24 May 1951, n. 392, reported under the heading Judicial system.
(19) See also art. 3, RD 13 January 1941, n. 120, reported in n. IV and art. 6, L. 20 June 1955, n. 519, reported in n. VII.
(20-21) Article repealed by art. 21, L. 3 April 1979, n. 103, reported in n. XXII.
(22) Qualifications deleted by art. 3, L. 20 June 1955, n. 519, reported in n. VII, which unified the two qualifications of first class Deputy State Lawyer and second class Deputy State Lawyer, naming the resulting qualification "Deputy Lawyer".
(23) Thus replaced by the Prime Ministerial Decree of 29 March 1947, n. 163.
The matter is now regulated by articles. 1 and 2, L. 20 June 1955, n. 519, reported in n. VII.
(24) See note 13 to the art. 19.
(24/a) See, now, the art. 5, third paragraph, Law 20 June 1955, n. 519, reported in n. VII.
(24/b) Repealed by art. 4, L. 3 April 1979, n. 103, reported in n. XXII.
(25) See note 14 to the art. 19.
(26) Paragraph as amended by the Royal Decree of 17 September 1936, n. 1854.
(27) See note 14 to the art. 19.
(28) See, however, also art. 4, Legislative Decree 2 March 1948, n. 155, reported in n. VI and art. 7, L. 20 June 1955, n. 519, reported in n. VII.
(29) This qualification must be considered suppressed by virtue of the Table attached to Law no. 20 June 1955. 519, reported in n. VII, which replaced, as regards the State Prosecutors, the tables annexed to the Legislative Decree of 2 March 1948, n. 155, reported in n. YOU.
(30) As amended by art. 1, RD 17 September 1936, n. 1854. See also the provisions of the Royal Decree of 13 January 1941, n. 120, reported in n. IV.
(31) The article was thus replaced by art. 1, Legislative Decree 3 May 1948, n. 844, which in art. 2 provides as follows: "Art. 2. State lawyers retired before reaching their seventieth birthday and currently rehired pursuant to art. 2 of Legislative Decree no. 166 of 3 July 1944, may be retained in service, in the aforementioned position, until 31 December 1948. State Lawyers who, after 31 December 1947, reach the age limits established for retirement may be retained in service. of the State, kept in service by virtue of the first and second paragraph of this article are considered, in any case, supernumerary to the role of the State Attorney".
(32) See note 13 to the art. 19.
(33) See, now, art. 5, L. 20 June 1955, n. 519, reported in n. VII.
(34) See, now, TU 10 January 1957, n. 3; see, also, L. 22 May 1960, n. 520 and L. 5 April 1964, n. 284, reported, respectively, in nos. IX and XI.
(35) Now, title VII, TU 10 January 1957, n. 3.
(36) Now, L. 15 April 1961, n. 291.
(37) As amended by art. 1, RD 17 September 1936, n. 1854.
(37/a) See also, L. 21 November 1955, n. 1108, containing provisions for travel concessions on the State Railways.
(38) For the determination of non-state bodies authorized to avail themselves of the patronage of the State Attorney's Office, see RD 8 June 1940, n. 779, reported in n. III.
(39) Paragraph added by art. 1 of Law 16 November 1939, n. 1889. Instead of Minister for Finance, now Minister of the Treasury.
(39/a) Paragraph added by art. 11, L. 3 April 1979, n. 103, reported in n. XXII.
(40) See note 13 to the art. 19.
(41) Thus replaced by art. 3, L. 25 March 1958, n. 260, reported in n. VIII.
(42) Containing rules for legal aid in favor of the State Railways.
(43) Containing rules on pensions for State Railways personnel.
(44) Table A is omitted as, in relation to lawyers, it has been replaced by that annexed to Legislative Decree no. 2 March 1948. 155, reported in n. VI, which in turn was modified by articles. 3, 4 and 5 of Law 20 June 1955, n. 519, reported in n. VII and by Law 14 November 1962, n. 1609, reported in n. X; in relation to the Prosecutors of the State Attorney's Office as replaced by that annexed to Law 20 June 1955, n. 519, reported in n. VII, which in turn replaced the one annexed to Legislative Decree 2 March 1948, n. 155, reported in n. YOU; in relation to law enforcement and subordinate personnel as modified by that annexed to Law no. 5 April 1964. 284, reported in n. XI. See, now, Table A attached to Law 3 April 1979, n. 103, reported in n. XXII.

Changes to the State Attorney's Office system

(GU n. 99, 9 April 1979, General Series)

The Chamber of Deputies and the Senate of the Republic have approved;

THE PRESIDENT OF THE REPUBLIC

PROMULGATES

the following law:

Article 1

State lawyers and prosecutors are divided into:

State Attorney General;

State Lawyers;

State Attorneys.

The organic role of state lawyers and prosecutors is established in accordance with Table A attached to this law.
The table of equivalence of state lawyers and prosecutors to magistrates of the judicial order, annex B to the consolidated text approved by royal decree 30 October 1933, n. 1611, is replaced by table B attached to this law.
The qualifications of deputy attorney general, deputy attorney general, deputy attorney, deputy attorney, chief prosecutor, deputy attorney and assistant attorney are abolished.

Article 2

Four salary classes are established in the qualification of State Attorney.
The first class is awarded with the nomination of the winners of the public competition as State Prosecutor.
The second class is attributed, according to the rotation of seniority and subject to a favorable judgment, to State prosecutors who have an effective seniority of two years in the first class.
The third class is attributed, according to the seniority shift and subject to a favorable judgement, to state prosecutors who have an effective seniority of three years in the second class.
The fourth class is attributed, according to the rotation of seniority and subject to a favorable judgment, to state prosecutors who have an effective seniority of eight years in the third class.
The transition to the higher salary class is arranged by decree of the State Attorney General and has legal and economic effects from the day of reaching the seniority referred to in the previous paragraphs.

Article 3

Four salary classes are established in the qualification of state lawyer.
The first class is awarded with the appointment as state lawyer.
The second class is attributed, according to the seniority shift and subject to a favorable judgement, to state lawyers who have three years seniority in the first class. (1)
The third class is attributed, according to the seniority shift and subject to a favorable judgement, to state lawyers who have five years seniority in the second class (2) . (1)
The fourth class is attributed, according to the seniority shift and subject to a favorable judgement, to state lawyers who have eight years' seniority in the third class.
The transition to the higher salary class is arranged by decree of the State Attorney General and has legal and economic effects from the day of reaching the seniority referred to in the previous paragraphs.
The information report referred to in art. is abolished for state lawyers. 9 of the legislative decree of 2 March 1948, n. 155.

Article 4

The appointment as state lawyer is conferred following a competition for theoretical and practical examination, in which the following can participate, provided they are not over 45 years of age:

1. state prosecutors with at least two years of effective service;
2. magistrates of the judicial order who have obtained the appointment as judicial adjunct and military justice magistrates of equivalent qualification;
3. administrative magistrates; lawyers registered for at least one year;
4. State employees belonging to managerial career roles with at least five years of effective service, who have passed the qualification exam to practice the profession of solicitor;
5. 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 legal attorney;
6. permanent employees of the regions, local authorities, national public bodies, hired through public competitions and 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 solicitor.

The art. 31 of the consolidated text approved by royal decree of 30 October 1933, number 1611, is repealed.

Article 5

For every three positions that become vacant in the qualification of State lawyer, one position is set aside to be conferred following a promotion assessment and according to the order of merit, determined by the council referred to in art. 21 of this law, to state prosecutors who, on the date of the provision calling for the ballot, have achieved eight years of seniority in their qualification.
The other positions of State lawyer are conferred through a competition based on examination, pursuant to art. 4 of this law.
If, on the date of issuance of the provision referred to in the first paragraph, the number of places set aside for assignment through a promotion assessment is greater than the number of attorneys entitled to participate, the excess places are considered available for assignment through a competition by examination .

Article 6

In the third paragraph, letter a), of the art. 1 of the legislative decree of 2 March 1948, n. 155, after the words: "civil procedure" the others are added: "labour law, social legislation, regional law and European Community law".

Article 7

The art. 18 of the consolidated text approved by royal decree 30 October 1933, n. 1611, is replaced by the following: "The State Attorney's Office is made up of the General Attorney's Office and the district attorney's offices. The General Attorney's Office has its headquarters in Rome. The district attorney's offices have its headquarters in each regional capital and, in any case, where they are established courts of appeal. In the jurisdiction of the court of appeal of Rome, the powers of the district attorney are exercised by the Attorney General of the State. In the jurisdiction of the court of appeal of Turin, the district attorney of Turin also has jurisdiction for the Valley of Aosta".

Article 8

The State Attorney General is made up of the State Attorney General, lawyers and State Prosecutors.
State district attorneys are made up of the state district attorney, attorneys, and state attorneys.
State prosecutors may represent administrations in court in the ways referred to in the second paragraph of the art. 1 of the consolidated text approved by royal decree 30 October 1933, n. 1611.
The art. is repealed. 19 of the consolidated text approved by royal decree 30 October 1933, n. 1611.

Article 9

The Attorney General of the State provides for the representation and defense of the administrations in proceedings before the Constitutional Court, the Court of Cassation, the Superior Court of Public Waters, the other supreme jurisdictions, including administrative ones, and the arbitration panels based in Rome, as well as in proceedings before international or community panels.
The district lawyers provide representation and defense in court of the administrations in their respective districts.
Lawyers and state prosecutors may be entrusted with the representation and defense of administrations in cases that take place outside the jurisdiction of their office, upon proposal of the district attorney and following the opinion of the advisory committee.
Without prejudice to the power of the State Attorney General to consult on general questions in any matter, the State District Attorney's Office provides consultancy to all the offices of its district.

Article 10

The functions of the State Attorney's Office in relation to the state administration are extended to the regions with ordinary statute which decide to make use of it with a resolution of the regional council to be published as an extract in the Official Gazette of the Republic and in the official bulletin of the region.
From the fifteenth day following the last of the two publications, the provisions of the consolidated text and of the regulation approved, respectively, with royal decrees of 30 October 1933, apply to the regional administration, which adopted the resolution referred to in the previous paragraph, numbers 1611 and 1612, and subsequent amendments, as well as articles 25 and 144 of the civil procedure code.
The art. 1 of law 25 March 1958, n. 260, also applies in proceedings before the Council of State and regional administrative courts.
The provisions of the previous paragraphs do not apply in proceedings in which the State Administration and the regional administration are parties, except in the case of active litigation. In the case of passive litigation, if there is no conflict of interest between the State and the region, the region can avail itself of the patronage of the State Attorney's Office.
The regions that have adopted the resolution referred to in the first paragraph may, however, in particular cases and with a reasoned provision, make use of lawyers from the free court.
If the region has adopted the resolution referred to in the first paragraph, the State Attorney's Office assumes the representation and defense of the provinces, municipalities, their consortia and other bodies for disputes relating to the delegated or sub-delegated functions, when they so request.

Article 11

To the art. 43 of the consolidated text approved by royal decree 30 October 1933, n. 1611, the following paragraphs are added: "If the authorization referred to in the first paragraph has been granted, the representation and defense in the proceedings indicated in the same paragraph are assumed by the Avvocatura dello Stato on an organic and exclusive basis, except in cases of conflict of interests with the State or with the regions. Except in cases of conflict, where these administrations and bodies intend in special cases not to make use of the State Attorney's Office, they must adopt a specific reasoned resolution to be submitted to the supervisory bodies. The provisions of previous paragraphs are extended to regional bodies, subject to resolution of the competent bodies".

Article 12

Differences that arise between the competent office of the State Attorney's Office and the administrations concerned, regarding the establishment of a judgment or resistance to it, are resolved by the competent Minister with a non-delegable determination.
The differences referred to in the first paragraph that arise between the State Attorney's Office and the regional administrations, or other non-state public administrations or public bodies, are defined by determination of the bodies of the regions or of the aforementioned administrations and bodies, competent in accordance with of their respective statutes.

Article 13

In the proceedings referred to in art. 101 of the royal decree 16 March 1942, n. 267, the State administrations, the regions and the bodies defended pursuant to the art. 43 of the consolidated text approved by royal decree 30 October 1933, n. 1611, are represented before the delegated judges by their own officials, who are recognized as such, unless the case needs to be investigated.
In the proceedings referred to in articles 2016 and following of the civil code, the administrations indicated in the previous paragraph are represented by their own officials who are recognized as such, except in the case of opposition by the holder.
In cases relating to pensions, state administrations, including those with an autonomous system, in cases where they do not deem it appropriate to avail themselves of the patronage of the State Attorney's Office, may delegate one of their officials to support, even orally, during the course of the proceedings, their position.
No particular compensation can be paid to officials who have carried out the activities referred to in the previous paragraphs.

Article 14

In all civil, criminal or administrative judgments and proceedings, except those regulated by the decree of the President of the Republic of 26 October 1972, n. 636, in which a state administration, or a region, a non-state public administration or an entity, which has entrusted the representation, advocacy and assistance in court to the State Attorney's Office, is a party, even if not constituted, upon publication of each sentence or following the pronouncement of each order, a certified copy on plain paper must be filed at the disposal of the State Attorney's Office.
The chancellor or the executive secretary of the chancellery or secretariat of the judicial body where the sentence is published or the order is filed takes care of these obligations.

Article 15

The art. 15 of the consolidated text approved by royal decree 30 October 1933, n. 1611, is replaced by the following: "The state advocate general: determines the directives inherent to the handling of contentious and consultative affairs; presides over and convenes the council of state lawyers and prosecutors and the consultative committee; supervises all offices, services and staff of the State Attorney's Office and supervises their organization, giving the appropriate provisions and general instructions; resolves, after consulting the consultative committee, differences of opinion both between the district offices of the State Attorney's Office and between these 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 activities carried out by the State Attorney's Office, by 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 advocate general is replaced by the deputy advocate general with greater seniority in the role".

Article 16

The State Attorney General is assisted, in the exercise of his functions, by nine State Attorneys who have achieved the last salary class, with the role of Deputy State Attorney General.
This role is conferred by decree of the Prime Minister, following a resolution of the Council of Ministers, on the reasoned proposal of the State Attorney General, after hearing the advice of lawyers and prosecutors.
Termination from office is arranged in the same manner.

Article 16 bis

1. The deputy advocate general, the deputy advocates general and the district attorneys collaborate directly with the state advocate general, assist him in the exercise of his functions and ensure the homogeneity of the defenses and consultations. Management positions are not conferred on state lawyers who must be retired within four years from the date of start of the selection procedure.
2. The office of deputy general advocate and that of state district attorney are temporary in nature and are conferred for a period of four years, at the end of which the office may be renewed, only once and for the same period or until on the date of retirement if earlier, following an evaluation to be expressed with the same procedure envisaged for the assignment.
3. The provisions of paragraph 2 also apply to positions in progress on the date of entry into force of this provision. Appointments conferred for more than four years cease after six months from the date of entry into force of this provision, unless renewed, with the same procedure envisaged for the conferment, for a single time and for the duration of a further four years or until the date of retirement if earlier.
4. In expressing the opinion referred to in Article 23, first paragraph, letter e), and the opinion on the assignment of the role of Deputy Advocate General, the Council of State Lawyers and Prosecutors applies the rotation criterion in the assignment of the tasks and takes into account the organizational and relational aptitudes of the candidate, as well as the professionalism acquired, deduced in particular from indices of merit predetermined by the same council and obtainable from the examination of the activity carried out.
5. Upon expiry of the term referred to in paragraph 2, the State lawyer who has exercised managerial functions, in the absence of a request formulated pursuant to article 18, fourth paragraph, or of a request for the conferral of another managerial function, or in the event of their rejection, he is assigned to non-managerial functions in the same office.

Article 17

The general secretary of the State Attorney's Office assists the general advocate in the exercise of his functions, takes care of the functioning of the offices and services, supervises administrative and confidential affairs and exercises the functions of head of staff, pursuant to the art. 10 of the decree of the President of the Republic 30 June 1972, n. 748, towards the personnel referred to in law 5 April 1964, n. 284.
The role of general secretary is conferred on a state lawyer who has achieved at least the third salary class, by decree of the President of the Council of Ministers, on the proposal of the state advocate general, after hearing the advice of the state lawyers and prosecutors .
The appointment, unless there is a reasoned revocation, ceases five years after the appointment and can be renewed only once for another period of five years.
In case of absence or impediment, the general secretary is replaced by order of the state advocate general by another lawyer appointed to temporarily exercise his functions.

Article 18

The District Attorney for the State:
supervises and supervises, within the district attorney's office, the performance of the institute's functions and the organization and functioning of the offices and services;
assigns litigation and consultative affairs to lawyers and prosecutors serving at the district attorney's office, based on the criteria established by the consultative committee;
ensures the coordination and unity of direction of the litigation and consultative activity of the district attorney's office, promoting the collegial examination and decision of the most important legal issues, as well as mutual information and collaboration between lawyers and prosecutors;
determines the directives relating to the handling of disputed matters;
reports to the State Attorney General on the activity carried out by the district attorney's office, reporting the most important disputes as well as any legislative deficiencies and interpretative problems that emerge during the institute's activity;
reports to the president of the regional council for the affairs handled in the interest of the region, also presenting specific reports and reporting the most important disputes as well as any legislative shortcomings.
The office of district lawyer of the State is conferred by decree of the President of the Council of Ministers, upon proposal of the general advocate of the State, having heard the advice of the lawyers and prosecutors of the State, to lawyers of the State who have at least obtained the third class of salary and completed five years of service therein.
The transfer from office is arranged in the same way.
The district attorney who leaves office may request to be associated with the State Bar.

Article 19

State lawyers and prosecutors:
handle the contentious and consultative matters assigned to them;
in the event of a difference of opinion in the handling of said matters with the advocate general, with the deputy advocates general or with the district advocate, they may request, by submitting a written report, the ruling of the advisory committee and, if this is contrary to their opinion , to be replaced in the handling of the matter for which the difference of opinion arose;
they can be replaced in the management of the affairs entrusted to them in the event of absence, impediment or justified reason; when serious reasons exist, they can be replaced, with a reasoned provision, by the general advocate or the district advocate of the State. An appeal may be lodged against this provision within thirty days to the Council of State Lawyers and Prosecutors.
State prosecutors also provide the prosecution service for cases handled by lawyers and other state prosecutors, according to the provisions of the managers of the offices to which they are assigned.

Article 20

The last paragraph of the art. 1 of the lieutenant decree of 8 March 1945, n. 102, is replaced by the following: "State lawyers called to be part of the cabinets or legislative offices dependent on a Minister of the Republic or to whom one of the tasks envisaged by the decrees of the President of the Republic of 30 April 1958, no. 571 and 21 April 1972, n. 472, or who are appointed Government commissioners in the regions with ordinary statute are placed out of office. State lawyers, whose collaboration is required for tasks of a legal nature on a continuous basis and for a duration exceeding one year by another State administration, even with an autonomous system, can be placed outside the role. The State lawyers outside the role or in supernumerary, pursuant to this article, cannot exceed the number of twenty at the same time. The placement outside the role is ordered by the President of the Council of Ministers, on the proposal of the State Attorney General, after hearing the advice of the State lawyers and prosecutors".

Article 21

The council of state lawyers and prosecutors is established, which is composed of:

1. by the state advocate general, who presides over it;
2. by two State lawyers, with the role of deputy general advocate, more senior in the role;
3. by two state attorneys, with the role of district attorney, senior in office;
4. by four members, including at least one State Prosecutor, elected by all the lawyers and State Prosecutors gathered in a single college, according to the provisions of the art. 22 of this law.

In case of impediment or absence or when the council must express an opinion on measures that concern them, the members referred to in letters b) and c) are replaced by the lawyers who follow them in order of seniority in the role, the members referred to in letter d) by the alternates elected at the same time according to the order of election.
The general secretary of the State Attorney's Office attends council meetings without the right to vote.
The elected members remain in office for three years, they cannot be immediately re-elected nor can they be given management roles while they are in office.
The functions of secretary of the council are carried out by the youngest member.
The functions of rapporteur for each matter being discussed by the council are exercised by one of its members designated from time to time by the general advocate.
The council cannot validly decide if six of the nine members that compose it are not present; the resolutions of the board are adopted with the favorable vote of the majority of its members except in the cases provided for in letters c), d), e), g) and h), of the art. 23, for which the favorable vote of at least six members of the board is required.
Articles 25 and 26 of the consolidated text approved by royal decree 10 October 1933, n. are repealed. 1611, and subsequent modifications.

Article 22

For the election of the members of the council of state lawyers and prosecutors referred to in letter d) of the art. 21, a single electoral office is established at the State Attorney General, composed of a deputy State Attorney General, who presides over it, designated by the State Attorney General, as well as two State lawyers in the second salary class in service at the State Attorney General's Office.
Elections are announced by decree of the state attorney general. Voting takes place on a public holiday from 9am to 9pm.
The vote is personal, direct and secret. Each voter has the right to vote for no more than two lawyers and one state attorney as effective members and two lawyers and one state attorney as alternate members.
The ballots, previously countersigned by members of the electoral office, must be returned closed by the voter.
The electoral office immediately decides, by majority, on the disputes arising during the voting operations and on the validity of the votes cast.
The protests and related decisions are noted in the minutes of the electoral operations. Complaints relating to electoral operations are presented within fifteen days to the council in office, which decides definitively in the following fifteen days.
By decree of the State Attorney General, the four effective members and the four alternate members are appointed, in order, according to the votes obtained by each member.
In case of equal votes, the most senior in the role are appointed.
The elected members, who cease to hold office during the three-year period, are replaced, by decree of the State Attorney General, by alternate members.

Article 23

The council of state lawyers and prosecutors, in addition to exercising the powers of the permanent commission for state lawyers and prosecutors provided for by the royal decrees of 30 October 1933, numbers 1611 and 1612, and subsequent amendments, provides for:

1. to express an opinion on the distribution of lawyers and state prosecutors between the Attorney General's Office and the district attorneys' offices on the basis of criteria predetermined by it;
2. to express an opinion on the assignment of first-appointed lawyers and prosecutors to the various offices and in relation to any transfer request or proposal;
3. to formulate the judgments referred to in articles 2, 3 and 5 of this law and to review unfavorable judgments after two years;
4. to decide the appeals brought by lawyers and state prosecutors against the measures referred to in the art. 19 of this law;
5. to express an opinion on the assignment of the roles of deputy state attorney general, state district attorney and general secretary, pursuant to articles 16, 17 and 18 of this law, as well as on the non-role placement of state lawyers;
6. to express an opinion on the assignment of any type of role to state lawyers and prosecutors;
7. to exercise the functions of the disciplinary commission towards lawyers and state prosecutors pursuant to art. 24 of this law;
8. to designate the state lawyers who must be part of the advisory committee.

The council's documents are public and state lawyers and prosecutors can view them and make copies. The council of state lawyers and prosecutors and the permanent council for personnel referred to in articles 8 of law 22 May 1960, n. 520, and 32 of law 5 April 1964, n. 284, gathered in a joint session, constitute the board of directors of the State Attorney's Office. The board of directors of the State Attorney's Office provides:

1. to express opinions and make proposals on the organization and performance of services;
2. to establish the criteria for the distribution, among the various offices of the State Attorney's Office, of the sums allocated in the budget for each chapter of expenditure;
3. to exercise the other powers provided for by the art. 146 of the decree of the President of the Republic of 10 January 1957, n. 3, and subsequent amendments, except for those reserved respectively to the council of state lawyers and prosecutors by this law and to the permanent committee for personnel by the provisions of the previous paragraph.

Article 24

The knowledge of disciplinary proceedings against State lawyers and prosecutors is attributed to the Council of State lawyers and prosecutors.
The provisions of Title VII of the consolidated text approved by decree of the President of the Republic dated 10 January 1957, n. 3, replacing the "disciplinary commission" and the "board of directors", the council of state lawyers and prosecutors and the "head of the office" the general advocate of the state and the "Minister" the President of the Council of Ministers .
The art. applies to state lawyers who have achieved the third salary class. 78, last paragraph, and art. 123 of the consolidated text approved by decree of the President of the Republic 10 January 1957, n. 3.

Article 25

The consultative committee is established, composed of the state advocate general, who chairs it, and six state lawyers, designated by the council of state lawyers and prosecutors, who have achieved at least the third salary class, do not hold the the office of general secretary and are not members of the council of lawyers and state prosecutors.
The said composition of the committee is integrated with the participation of two state lawyers designated by the advocate general in relation to the matters to be dealt with and, when the conditions are met, with the participation of the state lawyer or prosecutor in charge of dealing with the matter under exam.
The role of member of the advisory committee is assigned by decree of the state attorney general and lasts two years.
The resolutions of the advisory committee are adopted with the majority of its members. In the event of a tie, the president's vote prevails.
In case of impediment or absence, the Attorney General is replaced by the most senior Deputy Attorney General in the position.

Article 26

The consultative committee is consulted by the general advocate when it comes to issues of general or particular importance, as well as regarding internal directives of a general nature for coordination in the handling of litigation and consultative matters.
The advisory committee also:

1. settles, after hearing the interested parties, the differences of opinion that arise in the handling of contentious and consultative matters between lawyers, who exercise managerial functions, and lawyers, to whom the matters themselves are assigned;
2. establishes the general criteria for the assignment of litigation and consultative matters to lawyers and state prosecutors.

The Attorney General is always entitled to arrange for opinions requested from the Attorney General to be rendered by the consultative committee.
At the request of the advocate general, when particular technical knowledge is necessary, the consultative committee can be integrated by officials of the State or public bodies, who participate in the session without the right to vote.
The opinions are signed by the president of the advisory committee and the rapporteur.

Article 27

The first two paragraphs of the art. 21 of the consolidated text approved by royal decree 30 October 1933, n. 1611, are replaced by the following: "The Attorney General of the State and the district attorneys in the cases handled by them respectively take care of the collection of the fees of lawyer and prosecutor in relation to the counterparties when such competencies are placed at the expense of the counterparties themselves for effect of sentence, order, waiver or settlement. With compliance with the provisions contained in Title II of Law No. 1041 of 25 November 1971, all the sums referred to in the previous and subsequent paragraphs are divided by eight tenths among the lawyers and prosecutors of each office according to the rules of the regulation and for two tenths in an equal amount among all lawyers and state prosecutors. The distribution takes place after the securities, on the basis of which the sums were collected, have become irrevocable: the sentences by force of res judicata, waivers by acceptance and transactions by approval".
After the last paragraph of the art. 21 of the consolidated text of 30 October 1933, n. 1611, the following paragraphs are added: "The fees referred to in the previous paragraph are paid on the basis of the payment of the general advocate, prepared in accordance with the law tariffs. The provisions of this article are also applicable for judgments in which the Avvocatura dello Stato has the representation and defense of the regions and all other non-state public administrations and public bodies. The first paragraph of this article is applicable for judgments in which the Avvocatura dello Stato assumes the representation and defense of employees and agents of the administrations of the State, the regions and all other non-state public administrations and public bodies".

Article 28

The commitments and spending obligations relating to the State Attorney's Office, within the limits of the funds allocated in the budget, as well as the payment orders are issued and signed by the State Attorney General.
The competence of the central accounting of the Ministry of the Treasury remains unaffected.

Article 29

The deputy attorneys general, deputy attorneys general, deputy attorneys and deputy state attorneys in service on the date of entry into force of this law are classified as state attorneys provided for by art. 1, maintaining the role position obtained in the qualification of origin.
The prosecutors, deputy prosecutors and deputy state prosecutors in service on the date of entry into force of this law are classified as state prosecutors provided for by art. 1 of this law, maintaining the tenure position achieved in the qualification of origin.
The chief state prosecutors in service on the date of entry into force of this law are placed in the role following the state lawyers at the second salary class, retaining for economic purposes only the seniority accrued in the aforementioned qualification (3) .
Lawyers and state prosecutors in service on the date of entry into force of this law are assigned the salary class and seniority corresponding to the overall seniority accrued in the abolished qualifications (3) .
Deputy State Attorneys General serving in the State Attorney General on the effective date of this Act may be transferred to district attorneys' offices only with their consent.
Upon first application of this law, the functions referred to in article 16 are carried out by state lawyers who, on the date of entry into force of the law itself, hold the suppressed qualification of deputy state advocate general.

Article 30

State lawyers in the first, second, third and fourth salary classes have the economic treatment corresponding to that due respectively to the suppressed qualifications of deputy lawyer, deputy lawyer, deputy general lawyer and deputy general state lawyer.
State prosecutors in the first, second, third and fourth salary classes have the economic treatment corresponding to that corresponding respectively to the suppressed qualifications of assistant prosecutor, deputy prosecutor, chief prosecutor and chief prosecutor with four years of seniority.
All provisions of law and regulation currently in force which for any purpose contemplate the qualifications suppressed by this law must be understood as referring to lawyers and state prosecutors who have achieved at least the corresponding salary class.

Article 31

The first election for the composition of the council of state lawyers and prosecutors must be called by the advocate general, in accordance with the second paragraph of the art. 22, within ninety days from the date of entry into force of this law.

Article 32

The positions left vacant by state lawyers and prosecutors retired pursuant to art. 3 of law 24 May 1970, n. 336, and subsequent amendments, are not reduced in the initial qualification of the relevant role.

Article 33

Staff assignments of unique roles pursuant to art. 7 of the decree of the President of the Republic 24 July 1977, n. 618, are arranged with priority for the needs of the State Attorney's Office up to a contingent of 190 units, even beyond the staffing limit.

Article 34

The extent of the contribution of the regions, which have adopted the resolution referred to in the art. 10, in the expenses incurred by the State for the strengthening of the staff and services of the State Attorney's Office in relation to the exercise of consultancy and advocacy in favor of the regions, is determined, starting from the financial year 1980, by decree of the President of the Council of Ministers, in agreement with the Minister of the Treasury and with the Minister of the budget and economic planning, having consulted the interregional commission referred to in art. 13 of law 16 May 1970, n. 281.
Until the provision referred to in the previous paragraph is issued, the regions contribute to the expenses for travel and extraordinary services of the personnel referred to in law 5 April 1964, n. 284, which are necessary for the performance of the functions of the State Attorney's Office in the interests of the regions.
The payment of the expenses referred to in the previous paragraph is decided by the regional council, in agreement with the district attorney of the State.

Article 35

Within six months from the date of entry into force of this law, by decree of the President of the Republic, upon proposal of the Prime Minister, following a resolution of the Council of Ministers, the implementing regulation of this law will be issued.

Article 36

This law takes effect from 1 January 1979.
The burden deriving from its application, estimated for the year 1979 at 250 million lire, is met by corresponding reduction of the special fund registered in chapter 6856 of the Treasury Ministry's expenditure estimate for the same financial year.
The Minister of the Treasury is authorized to provide, with his own decrees, the necessary changes in the budget. This law, bearing the seal of the State, will be included in the official collection of laws and decrees of the Italian Republic. Whoever is responsible for observing it and ensuring it is observed as state law is obliged.

Table A (4)

Organic role of state lawyers and prosecutors

Qualifications	Number of seats
State Attorney General	1
State lawyers	299
State Attorneys	70
Total	370

Table B

Table of equivalence of state lawyers and prosecutors to magistrates of the judicial order

State Attorney General	Attorney General of the Court of Cassation
State lawyer at the 4th salary class	President of the section of the Court of Cassation
State lawyer with 3rd salary class	Cassation advisor
State Attorney at the 2nd salary class and State Attorney at the 4th salary class	Court of Appeal Counselor
State Attorney at the 1st salary class and State Attorney at the 3rd salary class	Court judge
State Attorney at the 2nd salary class	Judicial adjunct
State Attorney at the 1st salary class	Judicial auditor, six months after appointment

Note:
(4) Table replaced by art. 1, paragraph 1, Law 3 January 1991, n. 3.
(1) For the reduction of seniority referred to in this paragraph, with economic effect, see art. 1, paragraph 2, Law 3 January 1991, n. 3.
(2) Paragraph amended by art. 1, paragraph 2, Law 3 January 1991, n. 3.
(3) The Constitutional Court, with sentence 10 March 1988, n. 269, declared the constitutional illegitimacy of the combined provisions of paragraphs 3 and 4 of this article, in the part in which it allows, following the placing of the chief state prosecutors in service on the date of entry into force of the law in a more favorable position with respect to State lawyers, however, already in these roles due to appointment achieved following a competition, the postponement of the latter to the former.