DECREE OF THE PRESIDENT OF THE COUNCIL OF MINISTERS 29 November 2023, n. 210

Decree of the President of the Republic 29 October 2021, No. 214

Non-state bodies which are authorized to avail themselves of the patronage of the State Attorney's Office

(GU n. 162, 12 July 1940, General Series)

Article 1

The authorizations previously granted for the assumption by the State Attorney's Office of the representation and defense of non-state administrations are held firm in relation to the following administrations and bodies subject to the protection or supervision of the ministries indicated for each:
Ministry of the House of Majesty the King Emperor:

1. administration of the civil list;
2. order of saints Maurice and Lazarus;

Presidency of the Council of Ministers:

1. central statistical institute;
2. National Research Council;
3. autonomous body universal exhibition of Rome;
4. Italian youth of the lictor;

Ministry of the Interior:

1. provincial administrations for the barracks services of the police forces and the royal carabinieri;
2. Italian Red Cross Association;
3. fascist union for large families;
4. public charitable institutions, in causes of popular action;

Ministry of Italian Africa:

1. administration of "Auqaf" assets;
2. organization for the triennial exhibition of Italian overseas lands;

Ministry of Finance:

1. real estate management and liquidation body;
2. state printing institute;
3. institute for industrial reconstruction;

Ministry of War:

1. national anti-aircraft protection union;

Ministry of National Education:

1. royal institutes of higher education;
2. royal academy of Italy;
3. royal academies and royal institutes of scientific, literary and artistic culture and dependent foundations;
4. royal institute of fine arts of the Marche in Urbino;
5. royal industrial education institutes;
6. royal industrial and commercial schools;
7. royal national boarding schools;
8. royal boarders;

Ministry of Public Works:

1. autonomous body of the Apulian aqueduct;

Ministry of Agriculture and Forestry:

1. royal agricultural experimental stations;
2. stallion horse warehouses;
3. provincial grain consortia in liquidation;

Ministry of Communications:

1. Italian naval register;
2. social security work for state railway staff;
3. insurance and social security institution for the owners of secondary offices, for postal and telegraph receivers and for rural agents;

Ministry for Exchanges and Currencies:

1. national institute for foreign exchange;
2. fascist national institute for foreign trade.

Approval of the regulation for the execution of the consolidated text of the laws and legal rules on the representation and defense in court of the State and on the system of the State Attorney's Office

(GU no. 286, 12 December 1933, General Series)

Having seen the art. 62 of the consolidated law and legal regulations issued pursuant to art. 1st, n. 3, of law 31 January 1926, n. 100, on the representation and defense of the State in court and on the system of the State Attorney's Office approved by our decree of the same date;
Having seen the art. 1st, n. 1, of law 31 January 1926, n. 100.
The regulation for the execution of the consolidated text of the laws and legal regulations issued pursuant to the art. is approved. 15, no. 3, of law 31 January 1926, n. 100, on the representation and defense of the State in court and on the system of the State Attorney's Office, annexed to this decree, signed, by our order, by the head of the government, Prime Minister Secretary of State, and by the ministers secretaries of State for grace and justice and for finances.

REGULATION
Chapter I - Duties of the State Attorney's Offices

Article 1

The State Attorney General's Office provides for the defense of cases before the Court of Cassation, the Superior Court of Public Waters, other supreme jurisdictions, including administrative ones, and arbitration panels based in Rome.
It also provides for the representation and defense of the administrations in the district of the Court of Appeal of Rome.

Article 2

The district attorneys of the State provide for the representation and defense of the administrations in their respective districts.

Article 3

The Attorney General of the State can take charge of the handling of any case at any stage, location or jurisdiction it takes place.
For this purpose, the district attorneys of the State, at the beginning of every case which has special importance in terms of value or the legal issues in dispute, will give summary information to the attorney general.
State lawyers and prosecutors of the State Attorney's Office assigned to district attorneys' offices may, exceptionally, be entrusted with the representation and defense of administrations in cases which take place outside the jurisdiction of their office, when the State Attorney General deems this necessary. the opportunity (1) .

Article 4

Without prejudice to the power of the State Attorney General to provide consultations in any matter, each State Attorney's Office provides consultancy for disputes within its jurisdiction and with respect to all the offices of its own jurisdiction.

Chapter II - Prosecutorial Service

Article 5 (2)

Prosecutorial functions are normally exercised by prosecutors from the State Attorney's Office.
The task of supervising and supervising the prosecution service is entrusted in each office to a State lawyer designated at the beginning of each year by the general advocate, upon proposal, for the district attorneys, of the respective heads.

Chapter III - Administrative Services

Article 6

A secretarial office is set up at the State Attorney General's Office, which includes, in addition to the general secretary, officials and employees chosen by the State Attorney General.

Article 7

The Attorney General of the State designates the bursar of the Attorney General of the State from among the employees of the Order, who exercises the functions of deputy consignee pursuant to the regulations of the services of the general administration of the State and provides for the office expenses of the Attorney General's Office.

Article 8

An official from the respective offices is designated by the state advocate general and the district lawyers to supervise the library service and purchase books.
The custody of books and library materials can be entrusted by the head of the office to an orderly employee.

Chapter IV - Hiring of Staff

Section I

STATE LAWYERS AND STATE ATTORNEY'S ATTORNEY (3)

STATE LAWYERS AND DEPUTY PROSECUTORS (4)

Article 9 (5)

To obtain appointment in the role of state lawyers or in that of prosecutors of the State Attorney's Office, it is necessary, in addition to satisfying the conditions specifically indicated in the articles. 27, 31 and 32 of the consolidated law, possess the general requirements required for appointment as a State employee by art. 4 of the royal decree of 30 December 1923, n. 2960, and subsequent amending and supplementary provisions.

Article 10

Competitions for the posts of second class deputy state lawyer or third class assistant public prosecutor are announced by decree of the head of government, to be published in the Official Gazette of the Kingdom and in the official staff bulletins of the Presidency of the Council of Ministers and of the ministry of grace and justice. Possession of the conditions required for admission to the competitions must be perfect on the expiry date of the deadline established for submitting the application, with the exception of the age requirement, which must exist on the date of the decree announcing the competition.

Article 11

The deadline for submitting duly documented applications for admission to the competitions will not be less than sixty days from the publication in the Official Gazette of the Kingdom of the decree announcing the competitions pursuant to art. 10.
Applications for admission sent by registered mail with acknowledgment of receipt within the deadline referred to in the previous paragraph are also considered to have been submitted in good time. Applications submitted after the established deadline or not regularly documented will not be taken into consideration (6) .
The State Attorney General may order that applicants undergo an official medical examination to ascertain their physical suitability for service.
The state advocate general makes a final decision on the eligibility of the applicants.
Before the day set for the exams each competitor will be notified of the outcome of the application.
A personal identification card will be sent to admitted applicants.

Article 12

The exam for the positions of deputy state lawyer takes place in Rome and consists of three written tests and one oral test. The written tests consist of:

1. in drafting a final statement in matters of civil, commercial or procedural law;
2. in carrying out an issue of internal public law (constitutional, administrative, trade union and corporate, financial);
3. in carrying out an issue of Roman law.

The oral test consists of an exam on the subjects of the written tests, on criminal law and procedure, on ecclesiastical law, and also in a discussion on the topic having as its object a judicial challenge, which the commission must give to each candidate twenty-four hours in advance. The oral test will last no less than an hour.

Article 13 (7)

The exam for the positions of second class prosecutor's office takes place in Rome and consists of three written tests and an oral test, of a mainly practical nature.
The written tests focus one on civil and commercial law, another on criminal law and procedure and the third on civil procedure.
The oral test includes civil, commercial, criminal, administrative, corporate and trade union law, financial law, civil procedure and criminal procedure.
The written tests can also take place in the other locations indicated in the decree announcing the competition or in a subsequent document to be communicated to the participants of the competition. These will be notified of the place of participation in the test to which they will be assigned in relation to the residence indicated in the application for participation in the competition, by publication of a specific document in the Official Journal (8) .

Article 14

The written tests will each take place on a separate day and must take place within eight hours of the essay being dictated.

Article 15 (9)

The judging commission for the competitions for the positions of State lawyer is made up of a State lawyer with the fourth salary class, acting as president and a State lawyer with the third salary class, as well as a magistrate of the Court of Cassation, a lawyer registered in the special register of lawyers before the higher courts, by an ordinary or extraordinary professor in legal subjects in universities, designated respectively by the first president of the Court of Cassation, by the president of the National Bar Council, by the competent rector, within the deadline thirty days from the date of the request. Once the aforementioned deadline has passed without the nominations having been received, even the members who are not members of the State Attorney's Office are chosen by the general advocate.
A state lawyer in the second or first salary class performs the duties of secretary of the commission and draws up the minutes of the meetings, which are signed by the president and the secretary.
The members of the commission and the secretary are appointed by the state attorney general.

Article 16 (10)

The judging commission for competitions for the positions of state prosecutor is made up of a state lawyer with a salary class not lower than the third, with the functions of president, and two state lawyers in the third or second salary class, as well as a magistrate of the court of appeal, by a lawyer or by an ordinary or extraordinary professor in legal subjects in universities, designated respectively by the president of the court of appeal, by the president of the National Bar Council, by the competent rector, within thirty days of date of request. Once the aforementioned deadline has passed without the nominations having been received, even the members who are not members of the State Attorney's Office are chosen by the general advocate.
A state prosecutor performs the duties of secretary of the commission and draws up the minutes of the meetings, which are signed by the president and the secretary.
The members of the commission and the secretary are appointed by the state attorney general.

Article 17

The members of the commission and the secretary referred to in the two previous articles are appointed by decree of the head of government, to be published in the official bulletin of the presidency of the council of ministers.

Article 18

The commission, day by day, determines on which subject or group of subjects the test will be held on the same day.
Once the subject or group of subjects has been established, the commission formulates three distinct themes which are closed and sealed by the president in as many perfectly identical envelopes.
No later than ten o'clock, the president calls the contestants and then has one of them draw one of the three envelopes by lot. Opening it, without breaking the seals, he signs the essay with the secretary and dictates it or has it dictated to the competitors. Anyone who is not present when the dictation of the essay begins is automatically excluded from the competition.
When the written tests take place in more than one location, a supervisory committee is established for each location, excluding that of the examining commission, chaired by a state lawyer with the third salary class and made up of two other state lawyers or prosecutors and a secretary chosen from among the civil servants of the State Attorney's Office, appointed by order of the State Attorney General (11) .
In the case provided for in the previous paragraph, the examining commission, in a session to be held no earlier than two days prior to the start of the first of the written tests, formulates the three distinct topics for each of the tests (11) .
As many copies of each topic are made as there are written test locations other than that of the examining commission (11) .
The originals of each theme are, in relation to the individual test subjects, marked with progressive numbering and closed in identical envelopes without external markings. These envelopes are collected and closed in a single package marked on the outside with the indication of the test material (11) .
The copies of each theme are instead collected in envelopes which must also be marked on the outside with the progressive number corresponding to the theme inserted and are, in turn, collected and closed in a single package marked with the indication of the test material on the outside. All the envelopes containing the individual themes relating to the different subjects and all the envelopes containing the themes relating to each test must be signed on the closing flaps by the members of the commission and the secretary. The packages are also sealed and are kept respectively by the president of the commission and by each president of the supervisory committee who will receive a personal delivery by envoys of the secretary of the commission (11) .
At the time established for each test, which must be the same for all locations, the president of the examining commission checks the integrity of the closure of the package containing the envelopes relating to the test to be carried out, opens it, checks the integrity of the closure of the three envelopes containing the essays and has one of the candidates draw lots for the essay to be performed and immediately communicates to the presidents of the supervisory committees the indication of the test subject and the distinctive number of the essay drawn (11) .
Each president of the supervisory committees, as soon as he receives this communication, having verified the integrity of the closure of the envelope containing the envelopes relating to the test to be carried out, opens it, and, having verified the integrity of the closure of the three envelopes, opens the one marked number of the drawn theme (11) .
The members of the supervisory committees and the secretary exercise the functions and have the powers, during the conduct of the written tests, which are attributed to the members and the secretary of the examining commission (11) .
The packages containing the work carried out by the candidates in locations other than that of the examining commission and the related minutes are sent, by the president of the supervisory committee, to the president of the commission (11) .

Article 19

The written tests will be supervised by all or some of the members of the commission, who may be assisted in the supervision by other officials of the State Attorney's Office.
The paper on which the theme and the procedure must be written is provided by the commission. Each sheet bears a specific recognition stamp.

Article 20

Competitors must each be placed at a separate desk. They are strictly forbidden, during the entire time they are in the room designated for the exam, to confer verbally with their classmates or to exchange any written communication with them, as well as to communicate in any way with strangers.
Competitors are prohibited from bringing with them notes, manuscripts, books or brochures of any kind.
They may be subjected to a personal search before entering the examination room and during the tests.
They are allowed to consult the codes, laws and decrees of the State, the corpus iuris and the Institutions of Gaius, in editions without notes or, as regards the Latin texts, with simple annotations relating to lesson variants.
The relative volumes must be communicated in advance to the commission for verification.

Article 21 (12)

Each candidate is given two envelopes of the same colour, a large one with a coupon with a progressive number and a small one containing a white card. The number corresponding to the one marked on the identification card sent to the candidate must be written on the slip.
The candidate, having completed his work without affixing signatures or other markings, inserts it in the large envelope, in draft and in copy, or only in draft if the copy has not been made. The candidate writes his name, surname, date and place of birth on the card; then, having placed the card in the small envelope, he seals it and inserts it into the large envelope, which he closes and hands back to the president of the commission or whoever takes his place at the time.
The president or commissioner, after having ascertained that the number marked on the coupon corresponds to that of the card, places his signature transversally on the envelope, so that the closing flap and the remaining part of the envelope itself remain included.
At the end of the test, all the envelopes are collected in one or more folds sealed by the president and signed on the outside by the president himself, by another member of the commission and by the secretary.
The secretary draws up a report of everything that happens during the test, signed by the president of the commission and the secretary himself.

Article 22

By resolution of the commission, anyone who contravenes any rule established for their discipline is immediately excluded from the exams. For infringements committed during the written test, exclusion can be decided by the commissioner present. In the most serious cases, by decree of the head of government, the competitor can, upon proposal of the commission, also be excluded from subsequent competitions.

Article 23

The provisions of the articles. 20 and 22 are printed on the personal card referred to in the last paragraph of the art. 11 and are posted at the entrance and inside the exam room.

Article 24 (13)

On the day and time that will be communicated to the candidates by the president at the beginning of the last test, the commission in public session, having verified the integrity of the seals and signatures, opens the folders containing the works, groups together the envelopes with the same number and, after detaching the coupons, closes them in a single larger envelope. A progressive number is placed on this only when the grouping operation for all the jobs is completed, taking care to shuffle the envelopes before affixing the number.
All the envelopes, duly numbered, are then collected in one or more folds sealed by the president and signed by the president himself, by another member of the commission and by the secretary.
Once the above operations have been completed, the commission is convened within five days to begin examining the work.
Having verified the integrity of the folds and individual envelopes, the secretary, when opening them, immediately places the number already marked on the large envelope on the envelopes containing the works.
The same number is then transcribed, as soon as the envelope containing the first work is opened, both at the top of the relevant sheet or sheets, and on the envelope containing the identification card.
The commission reads the themes of each candidate in the same session and, after having completed the reading of the papers, assigns the relative score to each of them at the same time, according to the rules indicated in the following art. 25.
The vote awarded is noted at the bottom of all letters, signed by the president and the secretary and is indicated in the minutes.
The proof of those who have signed the work or marked it in any way is void. Likewise, the candidate's test is canceled when the commission has well-founded reasons to believe that the work is wholly or partially copied from another work, or from some author.
If the revision of all the works is not completed in the same session, the revised works, enclosed in the respective envelopes together with the smaller envelopes, containing the identification cards, and the works to be revised are grouped together with the formalities prescribed by the fifth paragraph of the art. 21.
Once the review of all the works has been completed, the names are recognized by opening the smaller envelopes containing the identification cards.

Article 25

Each commissioner has 10 points for each of the written tests and 10 points overall for the oral test. For each test the sum of the points, divided by the number of commissioners, constitutes the point assigned to the candidate.

Article 26

To be admitted to the oral tests, candidates must have achieved no less than eight points on average in the written tests and no less than seven in each of them in the competition for the positions of deputy state lawyer; in the competition for the positions of assistant prosecutor no less than six points in each of the written tests.

Article 27

The oral tests are public.
In each session, the president delegates a commissioner for questions on each subject or group of subjects; However, questions may be asked to the candidate by any member of the commission.
Once the oral test for each candidate has been completed, voting will take place according to the rules indicated in the art. 25; the secretary writes the result in the minutes.

Article 28

The sum of the points obtained in the written and oral tests determines the classification of the competitors.
Candidates who in the oral test have obtained no less than eight points in the competition for the positions of deputy state lawyer and no less than six in the competition for the positions of assistant public prosecutor's office are declared suitable.
The commission forms the ranking of the suitable candidates, classifying them in the order determined by the sum of the points obtained by each of them in the written and oral tests.
With equal points, except as provided in the art. 74, the commission must give preference to those who are older in age.

Article 29

The deliberations of the commission, including those relating to the proposal of the topics referred to in the art. 18, must always be taken in secret, with the intervention of all the commissioners. Except as provided in the art. 25 for the assignment of merit points, the other resolutions are taken by majority vote.
In the event that any of the commissioners cannot assume or continue the exercise of his functions, he is immediately replaced in the manner established for the appointment.
Any abrasion in the minutes of the commission is prohibited. Any deletions and corrections that may be necessary must be approved one by one by the president and the secretary, with notes in the margin or at the end.

Article 30

The ranking of suitable candidates is submitted by the state advocate general to the head of government for approval. The minutes of the meetings and the original of the assigned topics are attached to the report that accompanies the ranking.
The head of government, after consulting the commission, will definitively decide on complaints submitted within fifteen days of the publication of the results of the competition in the Official Journal of the Kingdom.

Article 31

The positions put up for competition are filled with the appointments of the first graduates.
Within the limit of the positions put up for competition, the next graduates will be appointed if the first ones appointed have not taken up actual service.
The head of the government, upon proposal of the State Advocate General, has the right to assign to the other suitable candidates, according to the ranking order, further positions that become available within six months of the approval of the ranking itself, up to a maximum limit of a tenth of those put up for competition.

Article 32

The personnel commission in expressing its opinion in accordance with the art. 31 and 32, first paragraph, of the consolidated text, also designates which of the vacant positions should be assigned in this case.

Article 33

The state lawyers and the assistant prosecutors appointed to the general attorney's office as well as the state district lawyers appointed pursuant to art. 31 of the consolidated act take the oath required by art. 6 of the royal decree of 30 December 1923, n. 2960, before the state advocate general or whoever replaces him. State attorneys and assistant prosecutors appointed to district attorneys' offices take the oath before their respective district attorney or his deputy.

Section II

ORDER STAFF

Article 34

The vacant positions in the rank of student of the State Attorney's Office are conferred through a competitive exam.
The competition is announced by decree of the head of government to be published in the Official Gazette of the kingdom and in the official bulletin of the Presidency of the Council of Ministers.
Without prejudice to what is provided in the art. 39 of the consolidated text regarding the other requirements required to obtain appointment in the career of the order, to be admitted to the competition it is necessary to:

1. have reached the age of eighteen and have not exceeded the age of twenty-five, except for those who hold the status of permanent civil state employee and without prejudice to the other exceptions established by the provisions in force;
2. have obtained the license of a royal or accredited first level middle school institute or other corresponding qualification pursuant to art. 16, letter. c), of the royal decree of 11 November 1923, n. 2395, on the hierarchical order, and its modifications. For admission to the competition, the provisions of art. 10, last paragraph, and 11 of this regulation.

Article 35

The exam takes place in Rome and consists of two written tests and one oral test.
The following are the subjects of the written tests:

1. composition in Italian;
2. elementary arithmetic, including the rule of compound threes.

The written tests also serve as a calligraphy essay.
The oral test, which cannot last less than half an hour, consists of an exam covering the following subjects:

1. duties and rights of the employee;
2. general notions on the organization of state administration and the organization of archives;
3. labor card;
4. elements of Italian history from 1492 to contemporary times and elements of the geography of Europe and particularly of Italy;
5. elementary notions of statistics.

Candidates may request to be subjected to a test in typing or shorthand or both.

Article 36

The written tests will each take place on a separate day and must take place within six hours of the essay being dictated.

Article 37

The examining commission is made up of a deputy state attorney, who chairs it, and two deputy state attorneys; a chief archivist or a first archivist acts as secretary.
The members of the commission and the secretary are appointed, upon designation by the state advocate general, by decree of the head of government, to be published in the official bulletin of the presidency of the council of ministers.
If there are candidates who have requested to be subjected to the typing or stenography test or both, the commission may add a practical examiner of these subjects of its choice.

Article 38

The conduct and procedure of the exams are regulated according to the provisions of the articles. 18 and 25, 27 and 29.
To be admitted to the oral test, candidates must have achieved an average of at least seven tenths in the written tests and no less than six tenths in each of them. The oral exam is not considered passed if the candidate does not obtain a mark of at least six tenths.
When assigning points for the oral test, the candidate's demonstrated knowledge of typing and shorthand will be taken into account.
The overall mark is established by the sum of the average of the points obtained in the written tests and the point obtained in the oral one.
The ranking is formed according to the order of the points of the overall vote.
Furthermore, the provisions of the articles are applicable. 28, last paragraph, 30 and 31.

Article 39

The definitive appointment to the permanent position is achieved after effective probationary service has been performed for a period of no less than six months and following a favorable opinion of the personnel commission.
Exemptions from the probationary period established by special provisions are reserved.
Both probationary and definitive appointments are made by decree of the head of government upon proposal of the state advocate general.

Article 40

For the solemn promise and oath prescribed by the articles. 5 and 6 of the royal decree of 30 December 1923, n. 2960, the provisions of the art. apply. 33.

Section III

SUBALTERN STAFF

Article 41

Appointments to the positions of janitor are made by decree of the head of government, upon proposal of the state advocate general, from among those who satisfy the conditions established in the following article.

Article 42

Without prejudice to what is provided in the art. 39 of the consolidated text regarding the other requirements required to be hired among the subordinate staff, to obtain the appointment as a janitor it is necessary to:

1. have reached the age of eighteen and have not exceeded the age of thirty, subject to the exceptions established by the provisions in force;
2. know how to read and write.

Article 43

Without prejudice to the provisions of the art. 74, are preferential qualifications in the choice of having served in the armed forces of the State or being the son of an employee or subordinate agent of the State, deceased or retired.

Article 44

The provisions of the articles apply to subordinate personnel. 39 and 40.

Article 45

The technical agents are assigned to technical services at the State Attorney General and are appointed by decree of the head of government, upon proposal of the State Attorney General, from among those who possess the requirements set out in the art. 42.
Before being appointed, aspirants are subjected to a practical experiment to ascertain their technical ability in relation to the services they will be assigned to.
The appointment and retention in service of the technical agent hired to drive the car assigned for use to the Attorney General of the State by the regulation approved with Royal Decree of 13 July 1922, n. 1136, are also subject to the possession of a regular driving licence.

Article 46

Technical agents have the remuneration of technical agents of the Ministry of Finance and are subject to all the rules that regulate the legal status of subordinate staff of the State Attorney's Office, including those on probationary service.

Chapter V - Permanent Commission on Personnel

Article 47

The permanent personnel commission is convened by the state advocate general. Its deliberations are recorded in the minutes, which are drawn up by the general secretary or whoever takes his place and is signed by all those present.
It explains the powers conferred on it by the consolidated text and by this regulation, as well as, for law enforcement and subordinate personnel, those that pursuant to the royal decrees of 11 November 1923, n. 2395, on the hierarchical organization of State administration personnel, and 30 December 1923, n. 2960, on the legal status of civil state employees, and respective amendments, are delegated to the boards of directors and disciplinary boards established within the ministries.

Chapter VI - Matriculation status, seniority and qualification notes

Article 48

For each state lawyer and prosecutor of the State Attorney's Office, a matriculation record is required at the Attorney General's Office (14) .
Every State lawyer and prosecutor of the State Attorney's Office must communicate to the head of the office on which he depends all the changes that occur in his family status (14) .
The provisions of the articles are also applicable to the staff of lawyers and prosecutors of the State Attorney's Office. 9 and 10 of the royal decree of 30 December 1923, n. 2960 (14) .

Article 49

For state lawyers up to and including the fifth grade and for state attorneys, the qualification notes (15) are completed by January of each year.
For state lawyers and prosecutors of the State Attorney's Office who have served successively in different offices during the year, the qualification notes are given by the head of the office in which they are located at the time of compiling them, taking into account the information that will be provided by the heads of the offices, under whom the officials themselves worked during the year (15) .

Article 50

The qualification notes are given for the personnel belonging to the State Attorney General by the deputy state attorney general; for those belonging to the district lawyers of the State by the respective district lawyers.

Article 51

The overall rating is expressed with excellent qualifications; distinct; Good; mediocre; bad, keeping in mind for the assignment of them the rules contained in the articles. 13 to 16 of the royal decree of 30 December 1923, n. 2960.
The qualification is communicated, on a specific sheet, to the interested party who adds the date and signature. He may appeal to the personnel commission within fifteen days of the communication.
In this case, the commission, having received clarifications from the superior who assigned the qualification, formulates the definitive one with a resolution not subject to any encumbrance.
If the qualification has been attributed by the deputy attorney general of the State, he does not take part in the deliberation.
The years for which a lower than good qualification was awarded are not eligible for periodic salary increases.

Chapter VII - Promotions

Article 52 (16)

The exam for the awarding of second class prosecutor positions takes place in Rome and consists of three written tests and one oral test, of a predominantly practical nature.
The written tests consist of:

1. in drafting a final statement in the field of civil and commercial law;
2. in the drafting of civil and criminal procedural documents;
3. in carrying out an issue of administrative and financial law.

The oral test includes civil, commercial, criminal, administrative and financial law, as well as civil procedure and criminal procedure.
The competition is announced by decree of the Head of Government, to be published in the Official Bulletin of the Presidency of the Council of Ministers. From this publication the deadline for submitting applications for admission begins, which will not be less than one month.
The judging commission of the competition is composed, upon designation by the State Attorney General, of a deputy State Attorney General and two deputy State Attorneys. A deputy state attorney designated by the attorney general performs the duties of secretary of the commission and draws up the minutes of the meetings, which are signed by the president and the secretary.
The conduct and procedure of the exams are regulated according to the provisions of the articles. 14, 17 to 25, 27 and 29.
To be admitted to the oral tests, candidates must have achieved no less than eight points on average in the written tests and no less than seven in each of them. The oral test is not considered passed if the candidates have not achieved at least eight points.
For the classification of competitors and for the ranking of suitable candidates the provisions of the art. are applicable. 28, excluding the last paragraph, and art. 30; in the event of equal points, priority is given to the candidates with the highest rank and, in the event of the same rank, to those preceding them in the role.

Article 53

The personnel commission designates for promotions by choice the state lawyers and the prosecutors of the State Attorney's Office, in possession of the grades established respectively by articles 28 and 33 of the consolidated law which it recognizes with unquestionable judgment as being more deserving; the choice is made among those who have achieved excellent or distinguished qualifications at least in the previous five years (17) .
The commission itself judges with unquestionable criteria whether state lawyers and prosecutors of the State Attorney's Office at the lower level who have obtained excellent or distinguished qualifications in the last three years at least in the last three years and not more than one qualification not lower than good in the two-year period preceding the three-year period itself (17) .

Article 54

The exam required for the awarding of the third of the available places in the archivist grade takes place in Rome and consists of two written tests and one oral test.
The written tests will pay:

1. on the general administrative system of the kingdom and, in particular, on that of the state attorney's office; on the duties, responsibilities and rights of public officials;
2. on the rules reflecting the installation and use of archives and in particular those of the State Attorney's Office.

The oral test, which will last no less than half an hour, will focus on the subjects of the written tests and on the constitutional laws of the State.
The conduct and procedure of the exams are regulated according to the provisions of the articles. 36, 37 and 38.
For the other promotions of group C personnel and for those of subordinate personnel, the rules contained in the current provisions on the hierarchical order and legal status of civil administration personnel of the State apply.

Chapter VIII - Transfers, Missions and Leaves

Article 55

Transfers are arranged by decree of the head of government upon proposal of the state advocate general.
The payment of transfer allowances is made according to the rules in force for civil employees of the State.

Article 56

Deputy Attorneys General and District Attorneys of the State may, by decree of the Head of Government upon proposal of the Attorney General of the State, be assigned to respectively fill vacant positions of District Attorney or Deputy Attorney General of the State, assuming the title inherent to the new function and in the respective role the place determined by their seniority in the fourth grade.

Article 57

When exceptional service needs require it, the State lawyers and the prosecutors of the State Attorney's Office, by decree of the head of the government on the proposal of the State Attorney General, can be sent on mission to another office of the State Attorney's Office (18 ) .
Mission allowances are paid according to the regulations in force for civil state employees.

Article 58

Compatibly with the needs of the service, state lawyers and prosecutors of the State Attorney's Office benefit from an annual holiday period of forty-five days (19) .
It is up to the State Attorney General to establish the weekday shift of the officials of the Attorney General's Office, and to the District Attorneys of the State to establish, subject to the approval of the Attorney General, that of the officials of the respective district attorney's offices, taking into account the conditions of the individual offices. and local uses.
The holiday period normally runs from 15 July to 15 October of each year.

Article 59

The Attorney General of the State may, for serious reasons, grant extraordinary leave not exceeding one month.
During extraordinary leave the active duty supplement is not paid.

Article 60

Holidays and leaves can be revoked or interrupted by the state attorney general when service needs require it.

Chapter IX - Duties and Fees

Article 61

The skills of lawyer and prosecutor devolved to the State Attorney's Office, in accordance with the art. 21 of the consolidated law, are recorded in approximate figures in the estimates of the Ministry of Finance and their distribution is made at the end of each quarter of the financial year.

Article 62

In the cases referred to in the last paragraph of the art. 21 of the consolidated text, after the settlement has been approved or the sentence has become final or the arbitration award which pronounced the compensation of expenses has become final, the general attorney's office or the district attorney's office of the State requests the opinion of the royal commission for the order of lawyers on the amount of lawyer fees that would have been paid to the losing party; by decree of the minister on whom the administration concerned depends, half of the said fees and prosecutor's fees that would be due according to the tariff are paid to the State Attorney's Office.

Chapter

Article 63

The rules relating to expectations and availability contained in the art. 81 and 94 of the royal decree of 30 December 1923, n. 2960, on the legal status of civil employees, also apply to state lawyers and prosecutors of the State Attorney's Office (20) .
The functions delegated to the board of directors in the aforementioned articles are exercised by the personnel commission.

Article 64

The resignations, readmissions and dismissals of state lawyers and state attorneys are governed by the rules contained in the articles. 46 a50, 53 and 54 of the royal decree 30 December 1923, n. 2960, on the legal status of civil employees. The functions delegated therein to the board of directors are exercised by the personnel commission (21) .
The provisions contemplated by this article which concern officials of the role of State lawyers are arranged by royal decree. For the prosecutors of the State Attorney's Office, provision is made by decree of the head of government (21) .

Article 65

The dismissal from service of lawyers and prosecutors of the State Attorney's Office who have become incapacitated for health reasons is carried out after ascertaining their health conditions through a medical-collegial examination. (22)
Following the findings of the medical-collegiate examination, the exemption from service is proposed by the state advocate general and is decided by the council of ministers for officials above the fifth grade and preceded for the others by the opinion of the personnel commission.
The interested party is given a deadline to present his deductions, if he so wishes. The relevant communications are made by the secretariat of the Presidency of the Council of Ministers for State lawyers with grades higher than fifth and by the general secretary of the State Attorney's Office for other officials. The latter must also be notified of the date of the meeting of the personnel commission so that they can be heard personally if they request it.

Article 66

The Attorney General of the State proposes exemptions from the service of law enforcement and subordinate employees for health reasons and for other reasons determined by the provisions in force on the legal status of civil employees. The communications referred to in art. 52 of the royal decree of 30 December 1923, n. 2960, modified by royal decree 6 January 1927, n. 57, are made by the general secretary.

Article 67

In the cases provided for by the articles. 35 and 36 of the consolidated text and in the previous art. 65, the reason that determines the dispensation is stated in the relevant decree which also mentions, depending on the case, the resolution of the council of ministers or the prior opinion of the personnel commission.

Article 68 (23)

The state advocate general has the power to propose the ex officio retirement of state attorneys, law enforcement officials and subordinates when they have completed 40 years of service or 65 years of age with 20 years of service, even if don't ask.

Chapter XI - Disciplinary Measures

Article 69

When the State Attorney General nevertheless becomes aware of facts that may give rise to the disciplinary sanctions contemplated in the second paragraph of the art. 40 of the consolidated law, invites the employee to justify himself, after which he proceeds within the limits of his competence.
If, however, he believes that the facts may give rise to more serious sanctions, he designates an official to carry out the necessary investigations and carry out the other actions that according to the Royal Decree of 30 December 1923, n. 2960, on the legal status of civil employees, are the responsibility of the personnel office.

Article 70

Once the investigations have been carried out, the official designated pursuant to the previous article submits the documents to the state advocate general.
The Attorney General of the State, when he considers that the inexistence of the charges is proven or that a sanction within his jurisdiction should be applied, takes action accordingly. In other cases he convenes the personnel commission for the oral discussion, meanwhile making the documents available to the commissioners.
The general secretary of the State Attorney's Office gives notice to the accused of the day set for the oral hearing, observing the terms set out in the art. 73 of the royal decree of 30 December 1923, n. 2960, and warns him that he can view and copy the documents.
The official who carried out the investigation takes part in the oral discussion as rapporteur.
The personnel commission, having also heard the accused person if he/she appears, proceeds, after the rapporteur and the accused person have withdrawn, to their resolutions with the rules prescribed by the art. 74 of the royal decree of 30 December 1923, n. 2960.

Article 71

The provision by which a punishment greater than censure and a reduction in salary is inflicted on officials of the role of state lawyers is adopted by royal decree.
If the punishment is inflicted on prosecutors of the State Attorney's Office, the provision is adopted by decree of the head of government (24) .
The same procedures are observed in the event of acquittal following a resolution of the Council of Ministers or a proposal from the Personnel Commission due to the absence of charges.

Article 72

In the cases provided for by the art. 78 of the royal decree of 30 December 1923, n. 2960, the reopening of the proceeding is ordered by the head of government upon proposal of the state advocate general. The new procedure takes place according to the rules established in the previous articles.

Article 73

Art. 73 The provision provided for by art. 80 of the royal decree of 30 December 1923, n. 2960, is adopted by decree of the head of government upon proposal of the state advocate general, after consulting the personnel commission.

Chapter XII - General and Transitional Provisions

Article 74

Nothing is innovated as far as the hiring of the staff of the State Attorney's Office, their career and their economic treatment reflects the provisions in force regarding war invalids and those of the national cause, those decorated for bravery, ex-combatants, orphans , the widows and unmarried sisters of those killed in war or for the national cause, of non-commissioned officers who have acquired the right to civil employment, as well as to the rules in favor of demographic increase. The provisions in favor of those deserving of the war and the national cause which shorten the seniority required for promotions in rank or for admission to the relevant competitive exams (25) apply to the staff of the State Attorney's Office.

Article 75

The provisions relating to the maximum age limit for hiring do not apply to casual or daily staff in service for at least six months at the State Attorney's Office with technical duties who achieve the appointment as technical agent in the first implementation of this regulation. and the probationary period.

Article 76

Until it is approved in the manner referred to in the art. 21, first paragraph, of the consolidated text, the regulation for the distribution of the competences of lawyers and prosecutors among the officials of the State Attorney's Office, the regulation approved by decree of 20 May 1924 of the Minister for Finance will continue to apply.

Note:
(1) Paragraph amended by art. 2, RD 17 September 1936, n. 1854.
(2) Article modified by art. 2, RD 17 September 1936, n. 1854.
(3) Title modified by art. 2, RD 17 September 1936, n. 1854.
(4) Text prior to the amendments made by the Royal Decree of 17 September 1936, n. 1854.
(5) Article modified by art. 2, of the RD 17 September 1936, n. 1854.
(6) Paragraph replaced by art. 3, Presidential Decree 18 August 1984, n. 538.
(7) Article modified by art. 2, RD 17 September 1936, n. 1854.
(8) Paragraph added by art. 1, Presidential Decree 16 May 1980, n. 271.
(9) Article modified by art. 1, Presidential Decree 31 March 1972, n. 211 and subsequently replaced by art. 2, Presidential Decree 16 May 1980, n. 271.
(10) Article modified by art. 2, Presidential Decree 31 March 1972, n. 211 and subsequently replaced by art. 3, Presidential Decree 16 May 1980, n. 271.
(11) Paragraph added by art. 4, Presidential Decree 16 May 1980, n. 271.
(12) Article replaced by art. 1, Presidential Decree 18 August 1984, n. 538.
(13) Article replaced by art. 2, Presidential Decree 18 August 1984, n. 538.
(14) Paragraph amended by art. 2, RD 17 September 1936, n. 1854.
(15) Paragraph amended by art. 2, RD 17 September 1936, n. 1854.
(16) Article replaced by art. 2, RD 17 September 1936, n. 1854.
(17) Paragraph amended by art. 2, of the RD 17 September 1936, n. 1854.
(18) Paragraph amended by art. 2, RD 17 September 1936, n. 1854.
(19) Paragraph amended by art. 2, RD 17 September 1936, n. 1854.
(20) Paragraph amended by art. 2, RD 17 September 1936, n. 1854.
(21) Paragraph amended by art. 2, RD 17 September 1936, n. 1854.
(22) Paragraph amended by art. 2, RD 17 September 1936, n. 1854.
(23) Article modified by art. 2, RD 17 September 1936, n. 1854.
(24) Paragraph amended by art. 2, RD 17 September 1936, n. 1854.
(25) Paragraph added by art. 2, RD 17 September 1936, n. 1854.

Urgent measures relating to the State Attorney's Office

(Official Journal No. 5 of 7 January 1991, General Series)

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

THE PRESIDENT OF THE REPUBLIC

PROMOTE

the following law:

Art. 1

1. The staffing numbers of state lawyers and state prosecutors increased by forty and twenty, respectively. Table A referred to in the law of 3 April 1979, n. 103, is consequently replaced by the one attached to this law.
2. With economic effect, for all state lawyers in service, from the year following that of entry into force of this law, in the fourth paragraph of art. 3 of the law of 3 April 1979, n. 103, the word "seven" is replaced by the word "five" and the seniority provided for by the third paragraph as well as by the fourth paragraph, as amended by this law, of the same art. 3 are, in the first implementation of this paragraph and in any case for a period not exceeding two years, reduced by half.
3. In order to cover the costs deriving from the establishment of new district offices and for the strengthening of the offices of the State Attorney, in addition to the normal budget allocations, the expenditure of ITL 2 billion is authorized for the year 1990.
4. The establishment of a civil party of the State in criminal proceedings must be authorized by the President of the Council of Ministers.

Art. 2

1. The burden deriving from the application of this law, valued in Lire 4,000,000,000 for the year 1990 and in Lire 6,500,000,000 for each of the years 1991 and 1992, is provided by means of a corresponding reduction in the appropriation entered, for the purposes of the three-year budget. 1990-1992, in chapter 6856 of the budget of the Ministry of the Treasury for the year 1990, for this purpose using the specific provision "Revision of the staff of the State Attorney General".
2. The Minister of the Treasury is authorized to make the necessary budget changes with his own decrees.

Art. 3

1. This law enters into force on the day following that of its publication in the Official Gazette of the Italian Republic.

Table

Changes to the system of the State Attorney's Office.

(Official Journal No. 149, 1 July 1955, General Series)

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

THE PRESIDENT OF THE REPUBLIC

PROMOTE

the following law:

Art. 1

The appointment as deputy lawyer is conferred following a competition for theoretical and practical examination, to which the following may be admitted:

1. those belonging to the role of state prosecutors, with at least two years of service (1) ;
2. magistrates of the judiciary with a qualification not less than judicial adjunct (1) ;
3. military judges who, having completed three years of service, including the period of training, have obtained the appointment as second class deputy military prosecutor;
4. the judges of the Court of Auditors who have obtained the qualification of deputy referendum for at least one year and who, prior to taking up their duties, have been enrolled in the register of lawyers or solicitors;
5. lawyers regularly enrolled in the register on the date of the notice of competition, with seniority of registration not less than six years and who have not exceeded the age of thirty-five (2) .

The minimum length of service is not required for those belonging to the categories referred to in letters a), b), c) and d), who, prior to taking up their duties in their respective roles, were already in possession of the requirements referred to in letter And).

Art. 2

Those who, belonging for at least one year to one of the first three categories indicated in the previous article, have already been part of some of the other four categories indicated in the same article, will be able to accumulate the seniority periods required for each category, provided that the total period resulting from the accumulation is not less than three years.
In the competitions for the appointment as substitute lawyer, the candidates admitted to the oral tests obtain the eligibility when they have obtained not less than eight tenths in each of them.

Art. 3

State lawyers are divided into:

• advocate general;
• Deputy Advocates General;
• deputy advocates general;
• deputy lawyers;
• substitute lawyers.

The qualification of second class deputy lawyer of the State is abolished and the relative posts are increased to the qualification of first class substitute lawyer, which takes on the name of substitute lawyer, and is made up of sixty-nine units.
Lawyers who currently have the qualification suppressed by the preceding paragraph are assigned the salary currently set for first-class substitute lawyers.
The current second-class State deputy attorneys are enrolled in the position of deputy attorney in the order of seniority in the role.

Art. 4

The number of Deputy Advocates General of the State is set at six.
The first paragraph of art. 7 of the legislative decree 2 March 1948, n. 155, is replaced by the following: "The Permanent Commission for State Advocates and Procurators is composed of the State Advocate General, who chairs it, and the four senior Deputy Advocates General of the State".

Art. 5

The role of state district attorneys is suppressed. The posts foreseen by the staff are increased to those of Deputy Advocate General, whose role remains fixed at a total of fifty-three units.
State attorneys currently enrolled in the district attorney register will be transferred to the substitute attorney general, taking their place in relation to the seniority of the original register.
The office of district attorney and secretary general of the State Attorney General is conferred on deputy advocates general by decree of the President of the Council of Ministers, on the proposal of the State Advocate General. The indemnity established by table D attached to the law May 24, 1951, n. 392, and subsequent amendments, for state district lawyers.
The provisions of articles 37 and 38 of the consolidated act approved by royal decree no. 1611.

Art. 6

In the first paragraph of art. 1 of the legislative decree 8 March 1945, n. 102, the words "of a grade not lower than the fourth" are deleted.
State lawyers who have not actually exercised, initially, at least for three years, the functions of an institute cannot be placed out of office.
The out-of-office position cannot last more than three consecutive years and out-of-office relocation is not allowed until after at least two years of effective school service.
State lawyers currently out of office, who have already completed, or who will complete, three years in this position, may be retained there for no more than six months respectively from the entry into force of this law, or from the completion of the three-year period.

Art. 7

In the competitions for the appointment as assistant prosecutor, candidates who have completed the prescribed period of legal practice at the State Attorney's Office are preferred, with equal merit. Failing this, the general provisions on preferential qualifications for admission to public employment apply.
Those who have not obtained eligibility in the aforementioned competition exam twice are not admitted to further competitions.
The functions of secretary of the examining commission can also be entrusted to a state attorney.

Art. 8

State prosecutors are divided into:

• chief prosecutors;
• attorneys;
• deputy prosecutors;
• deputy prosecutors.

The chief prosecutor is awarded the starting salary currently set for the deputy chief prosecutors and, after four years of seniority in the grade, the salary and subsequent four-year increases currently set for the chief prosecutors.
The attorney is awarded the starting salary currently set for second class prosecutors and, after four years of seniority in the grade, the salary and subsequent four-year increases currently set for first class prosecutors.
The salary currently set for third-class prosecutors is attributed to the deputy prosecutor and the salary fixed for first-class added prosecutors is attributed to the assistant prosecutors. For promotions to chief prosecutor and to attorney, the rules currently in force apply, respectively, for promotions to deputy chief prosecutor and second class prosecutor.

Art. 9

Current Deputy Chief Prosecutors are enrolled in the rank of Chief Prosecutor in the order of seniority. They are attributed, starting from the entry into force of this law, the salary provided for by the second paragraph of the previous article, calculating as achieved in the new qualification the seniority achieved by them in the role of deputy chief prosecutor. Current first-class prosecutors assume the status of attorney. The first and second class deputy prosecutors, currently in service, assume the status of deputy prosecutor and the relative salary is attributed to them.

Art. 10

The attached table replaces the table annexed to the legislative decree March 2, 1948, n. 155.

Art. 11

The annual charge of Lire 56,000,000 deriving from the implementation of this law will be met with a reduction of the same amount of the funds registered in chapter no. 516 of the budget of the Ministry of the Treasury for the financial year 1954-55 and corresponding to the financial year 1955-56.
The Minister for the Treasury is authorized to provide for the necessary budget changes with his own decrees.

State Attorneys Table

This law, bearing the seal of the State, will be included in the Official Collection of laws and decrees of the Italian Republic. Anyone responsible is obliged to observe it and have it observed as state law.

Note:
(1) Letter replaced by art. 2, L. 23 November 1966, n. 1035.
(2) Letter modified by art. 5, paragraph 3, L. February 24, 1997, n. 27.

Restructuring of the administrative services of the State Advocacy.

(Official Journal No. 241 of 16 October 1986, General Series)

The Chamber of Deputies and the Senate of the Republic have approved;
THE PRESIDENT OF THE REPUBLIC
Promulgate
the following law:

Art. 1 Services;
classification and organic endowment of the administrative staff of the State Attorney's Office

1. The administrative staff of the State Attorney's Office is assigned to the related services:
   1. to general and administrative-accounting affairs;
   2. to professional activity;
   3. information and documentation.
2. The personnel referred to in paragraph 1 above are classified in the functional qualifications referred to in art. 2 of the law 11 July 1980, n. 312.
3. The qualification quotas are established to the extent indicated in the table attached to this law.
4. Any subsequent changes will be made in the manner set out in art. 6 of the law 11 July 1980, n. 312.

Art. 2 Methods of access, qualifications, salary

1. With regulation to be issued within six months from the date of entry into force of this law, by decree of the President of the Council of Ministers, on the proposal of the State Advocate General, after consulting the most representative trade union organizations at national level, the modalities of access to the individual qualifications and the procedures of the relative competitions, as well as the criteria for the destination of the winners, in compliance with the general principles in force for civil servants of the State.
2. Without prejudice to the application, insofar as compatible, of the general provisions relating to civil servants of the State, to personnel classified in functional qualifications corresponding to the suppressed qualifications of the roles referred to in the laws of 22 May 1960, n. 520, and 5 April 1964, n. 284, and subsequent amendments, the rules relating to the qualifications themselves continue to apply. To the personnel classified in the seventh and eighth functional qualifications, the rules relating to the legal and economic treatment of the management career of the State administrations apply, insofar as they are compatible.

Art. 3 Organization of services

1. The powers and internal organization of the services referred to in art. 1 are established by decree of the Advocate General of the State, subject to the opinion of the Board of Directors of the State Advocacy, after consulting the most representative trade union organizations at the national level, as well as the national associations representing lawyers and state prosecutors.

Art. 4 Standing Committee
for the administrative staff of the State Attorney's Office

1. The Standing Committee for Administrative Staff of the State Advocacy, pursuant to art. 8 of the law of 22 May 1960, n. 520, and art. 32 of the law of 5 April 1964, n. 284, is chaired by the Advocate General of the State or, upon his delegation, by a lawyer of the State with the role of Deputy Advocate General of the State and is composed of:
   1. by the Secretary General of the State Advocacy;
   2. by four state attorneys in the third salary class, of which at least one serving in the district attorneys;
   3. by the employee belonging to the highest functional qualification with greater seniority in that qualification;
   4. by four personnel representatives elected pursuant to art. 146, letter d), of the consolidated text approved by decree of the President of the Republic January 10, 1957, n. 3, and subsequent amendments and additions.
2. The functions of secretary are exercised by an employee belonging to the seventh functional qualification.
3. The members referred to in letters b), c) and d) of the previous paragraph 1 and the secretary are appointed by decree of the President of the Council of Ministers, on the proposal of the State Advocate General, and remain in office for four years. The alternates are appointed by the same decree.
4. For the resolutions of the Standing Committee to be valid, the presence of at least two thirds of the members is required.
5. Resolutions are adopted by an absolute majority of votes. In the event of a tie, the vote of the president prevails.
6. The Standing Committee exercises the functions that the general rules relating to civil servants of the State delegate to the Board of Directors for the administrative staff of the State Attorney's Office, except for the provisions of art. 23, last paragraph, of the law of 3 April 1979, n. 103.

Art. 5 Disciplinary commissions

1. The disciplinary commission referred to in art. 33 of the law of 5 April 1964, n. 284, is made up of a state lawyer in the fourth salary class, who chairs it, and two employees belonging to the highest functional qualification.
2. The alternates are drawn up with the same decree of appointment.
3. The functions of secretary are exercised by an employee belonging to the seventh functional qualification.

Art. 6 Transitional provisions

1. In the first application of this law, and within the limit of the available places, the permanent employees declared suitable in the competitions referred to in articles 21 and 27 of the decree of the President of the Republic December 28, 1970, n. 1077, and who have not, at the time, obtained the appointment due to lack of available places, are classified, with effect from the date of entry into force of this law, respectively in the sixth and fourth functional qualifications in the order of the relative rankings.
2. In the first application of this law, without prejudice to the provisions of art. 14 of the law 11 July 1980, n. 312, for the filling of the places that will be available in the single functional qualifications, the regulation referred to in art. 2, paragraph 1, may provide for, for one time only, the completion of simplified access procedures reserved for personnel serving at the State Attorney's Office, who have matured at least three years of service in the role immediately in the qualification inferior.
3. Extraordinary employees referred to in art. 2 of the law 10 May 1982, n. 271, hired with duties corresponding to those of the suppressed qualifications of assistant typist and clerk, at the end of three years of service they can be placed in the role, within the limit of available places, respectively in the fourth and second functional qualification, based on examination - interview to which they are admitted after a favorable evaluation by the Standing Committee for Personnel. The conduct of the examination-interview will be governed by a decree of the State Advocate General to be issued within sixty days from the date of entry into force of this law (1).
4. The duration of the extraordinary employment relationship of the personnel hired pursuant to art. 1 of the law of 26 July 1984, n. 394, is extended up to a maximum of three years overall, upon completion of which the provision referred to in paragraph 3 (1) above applies.
5. Without prejudice to the definitive staffing set out in the table attached to this law, the competitions for the filling of the places that will be available in the various qualifications after the application of the preceding paragraphs may be held until a total of 600 and 800 units are reached, respectively for the years 1986 and 1987, including the extraordinary employees referred to in art. 2 of the law 10 May 1982, n. 271, and art. 1 of the law of 26 July 1984, n. 394.
6. For personnel in service at the date of entry into force of this law, the bachelor's degree in literary subjects is considered to all intents and purposes equivalent to the degree diplomas provided for by the decree of the President of the Republic of 29 December 1984, n. 1219, for access to the seventh and higher qualifications, as per law 11 July 1980, n. 312.

Art. 7 Special organizational provisions

1. By decree of the State Advocate General, after consulting the Board of Directors and after consulting the most representative trade union organizations on a national level, appropriate training and refresher courses for personnel are arranged, making use of the Higher School of Public Administration, or, after prior agreement with this, by stipulating special agreements with particularly qualified training centers.
2. In particular, in view of the broader automation of services, the participation of personnel in training or refresher courses for the automatic processing of data and information may be arranged.
3. The State Attorney's Office may make use of telecommunication means for the remote transmission of documents relating to contentious, consultative and administrative affairs.
4. In this case, the obligation to sign, required by law for the acts of the State Advocacy, is satisfied with the signing of the lawyer of the receiving State, provided that the indication and signature of the author of the deed appears from the photocopied copy. original.
5. In the case of telecommunication of the documents notified or communicated to the State Attorney, the photocopied copy, declared compliant by the lawyer of the receiving State, is equivalent, for all legal effects, to the original.
6. The copying of documents relating to contentious and consultative affairs can be entrusted, where extraordinary and temporary service needs so require, to unrelated third parties, who provide it with their own means and outside of any subordination constraints, subject to the authorization of the Attorney General. of the State, on the basis of the tariffs approved by decree of the President of the Council of Ministers, in agreement with the Minister of the Treasury, on the proposal of the State Advocate General, after consulting the Board of Directors of the State Advocacy.

Art. 8 Financial provisions

1. The charge deriving from the full application of this law is valued at Lire 8.5 billion on an annual basis.
2. Expenditure relating to the financial year 1986, valued at Lire 1.5 billion and that relating to the years 1987 and 1988, valued at Lire 5.5 billion and Lire 8.5 billion respectively, is provided by means of a corresponding reduction in the appropriation entered, for the purposes of the 1986-1988 three-year budget, in chapter 6856 of the budget of the Treasury for the financial year 1986, for this purpose using, for the years 1986 and 1987, part of the provision made for "Restructuring of services administrative offices of the State Attorney General "and, for the year 1988, the projection of the said provision.
3. The Minister of the Treasury is authorized to make the necessary budget changes with his own decrees. This law, bearing the seal of the State, will be included in the Official Collection of laws and decrees of the Italian Republic. Anyone responsible is obliged to observe it and have it observed as state law.

Table of the organic endowment of administrative staff:

Note:
(1) Paragraph authentically interpreted by art. 1, Legislative Decree 4 March 1989, n. 78, in the sense that, from the date of entry into force of this law and up to the completion of the examination-interview for entry into the role, the treatment provided for by Legislative Decree Cps 4 April 1947 applies to the personnel regulated therein. , no. 207.

Provisions on infrastructure and transport

(Official Gazette No. 181 of 3 August 2002, Ordinary Supplement No. 158)

Art. 2

Rules for accelerating public works and provisions on subsidized construction

1. Paragraphs 2, 2-bis and 3 of article 9-bis of the legislative decree 3 April 1993, n. 96, and subsequent amendments, are replaced by the following:
   1. Disputes relating to special projects and other works referred to in paragraph 1, for disputes pending as of December 31, 2001, may be settled on an ex officio initiative or at the request of the creditor to be presented no later than June 30 2002, within the limit of 25 per cent of claims for higher compensation, net of monetary revaluation, interest, expenses and fees. This procedure is also applied to all interventions for which reserves are entered exclusively in the accounting of the works. If an arbitration award or a non-definitive judicial decision has taken place on the dispute, the limit for the settlement can be raised to a maximum of 50 percent of the amount recognized net of monetary revaluation and interest. A flat-rate increase coefficient of 5 per cent per annum including monetary revaluation and interest is applied to the amount defined in the settlement.
   2-bis. The examination and definition of the questions take place within six months from the date of receipt of each application. For the ex officio procedure the same term starts from the date of the start of the procedure. In the event of acceptance of the proposal, the Administration may have recourse to the opinion of the State Attorney General, which must decide within six months of the request, on the transaction scheme according to public accounting rules. In this case, the term is interrupted for the time necessary to acquire this opinion. In the event that the Attorney General of the State does not express its opinion within six months from the date of the request by the Administration concerned, the principle of silent consent applies. The Administration provides for the payment of the amounts within two months following the acquisition of the opinion of the State Attorney General.
   3. The presentation of the petition suspends the terms relating to pending judgments until 30 November 2002, even in the executive phase. This procedure is also applied to special projects and to the works envisaged by CIPE resolution no. 157, identified in article 2, paragraph 2, of the law of 19 December 1992, n. 488, already transferred by the ad acta commissioner pursuant to article 9 of this decree ".
2. The definition of the deeds of transfer of the works referred to in paragraph 1 of article 9 of the legislative decree 3 April 1993, n. 96, provides the Ministry of Infrastructure and Transport with the procedures referred to in article 20-bis of the decree-law of 25 March 1997, n. 67, converted, with modifications, by the law 23 May 1997, n. 135, on the basis of self-certification of the final expense report approved by the decision-making body and signed by the legal representative of the entity to which the transfer is made, for amounts not exceeding 103,000,000 euros. By decree of the Minister of Infrastructure and Transport, after consulting the Minister for Regional Affairs, the criteria and methods for forming the sample of projects of no less than 20 percent of the works defined, to be subjected to control pursuant to this document, are identified. law.
3. For road works of inter-municipal interest under construction, admitted to financing pursuant to article 1, paragraph 9, of the decree-law of 22 October 1992, n. 415, converted, with modifications, by the law 19 December 1992, n. 488, the execution, maintenance and management functions are transferred to the regions that take over the legal relationships, including procedural ones, to the implementing subjects, with a restriction on the use of resources upon completion of the originally approved projects.
4. By decree of the Minister of Infrastructure and Transport, an auditing committee has been set up at the Ministry of Infrastructure and Transport, at no cost to the State budget, to verify the reports presented by the ad acta commissioner appointed pursuant to articles 9 and 9-bis of the legislative decree 3 April 1993, n. 96, as last modified by this article. The college is made up of a magistrate of the Court of Auditors with a qualification no less than a councilor who chairs it, a general manager of the Ministry of Economy and Finance and a general manager of the Ministry of Infrastructure and Transport. The verification of the reports must concern the activities of the ad acta commissioner from the aspect of the efficiency, effectiveness and cost-effectiveness of the management, in compliance with the regulations in force. The resolutions of the college are definitive acts. No compensation or reimbursement of expenses is foreseen for the members of the college.
5. To the subsidized building interventions referred to in article 18 of the decree-law 13 May 1991, n. 152, converted, with modifications, by law 12 July 1991, n. 203, the cost limits referred to in the decree of the Minister of Public Works of 5 August 1994, published in the Official Gazette no. 194 of 20 August 1994, in the event that the tenders for the construction of the works have been deserted at least twice. In the latter case, it is possible to proceed with a possible reduction in the number of accommodations to be built. Alternatively, the concessionaire of the program referred to in the aforementioned article 18 can contribute with its own funds to the increase in state funding, within the maximum cost limits referred to in the aforementioned decree of the Minister of Public Works of 5 August 1994, for the purpose of complete implementation. of the work.
6. The lodgings made with the private financing referred to in paragraph 5 can be sold to local authorities, to autonomous public housing institutions, however named, or to similar bodies, competent at the cost price referred to in the aforementioned decree of the Minister of Public Works 5 August 1994. In this case, the sale price is determined by the construction cost, as per the same decree, with the exclusion of any revaluation and the price of the land. In the event that the aforementioned accommodations remain in the availability of the promoter, the latter is required, for a period of twelve years, to allocate them to the rental in the manner referred to in article 2, paragraph 3, of the law of 9 December 1998, n. 431, in favor of public employees engaged in the fight against crime.
7. The expiry of the terms of one hundred and eighty days and one hundred twenty days, respectively provided for by article 11, paragraph 2, and by article 12, paragraph 2, of law no. 136, already deferred, most recently, to 31 October 2001 by article 145, paragraph 81, of the law of 23 December 2000, n. 388, is further deferred to nine months from the date of entry into force of this law. The financing of the interventions thus activated is in any case subject to existing availability, on the date of ratification by the municipality of the program agreement, on the allocation for the implementation of the program referred to in article 18 of the decree-law of 13 May 1991. , no. 152, converted, with modifications, by law 12 July 1991, n. 203.
8. The funds provided for by article 22, paragraph 3, of the law of 11 March 1988, n. 67, intended for the realization of facilitated building interventions as part of the extraordinary residential building program to be leased or for use by the employees of the State administrations engaged in the fight against crime pursuant to article 18 of the decree-law of 13 May 1991, n. 152, converted, with modifications, by law 12 July 1991, n. 203, are used for the following purposes related to the implementation of the aforementioned program:
   1. coverage of the higher costs, incurred in the execution of subsidized construction programs, up to a maximum of 10 per cent of the construction cost;
   2. financing of integrated programs usefully placed in the ranking within the limits and according to what is indicated in paragraph 7;
   3. financing of the interventions within the limits and according to what is indicated in paragraph 7.
9. For works of significant national interest due to the employment implications and related social repercussions referred to in article 13 of the decree-law of 25 March 1997, n. 67, converted, with modifications, by the law 23 May 1997, n. 135, identified with the decrees of the President of the Council of Ministers provided therein, whose execution has not yet begun or continued, or, if begun or continued, is in any case suspended on the date of entry into force of this law, the President of the Council of ministers, as a rule, decides on the use of unused sums pursuant to the provisions of paragraph 5 of the same article 13 of decree-law no. 67 of 1997, simultaneously revoking the appointment of the relative extraordinary commissioners. For all interventions deemed to be a priority, the President of the Council of Ministers, on the proposal of the Minister of Infrastructure and Transport, arranges for the appointment of one or more new extraordinary commissioners, who will be responsible for making all decisions, even of a contractual nature, deemed necessary and in any case useful to arrive at the start or the continuation of the works, even suspended. The decisions made by the extraordinary commissioners are binding on the competent administrations. The charges connected with the fees to be paid to the extraordinary commissioners are charged to the funds allocated for the individual interventions. Paragraphs 2, 3, 4, 4-bis and 4-quater of article 13 of the aforementioned decree-law no. 67 of 1997.
10. The possession of the subjective requisites required for the issuance of the definitive decrees, containing the determination of the subsidized building contributions referred to in article 72 of the law of 22 October 1971, n. 865, in article 9 of law no. 166, article 6 of the decree-law 13 August 1975, n. 376, converted, with modifications, by law 16 October 1975, n. 492, and articles 2 and 10 of the law 8 August 1977, n. 513, is demonstrated by the individual borrowers through the presentation of the relative self-certification to the lending institution. The Ministry of Infrastructure and Transport is authorized to carry out random checks, not less than 20 percent of the total self-certifications, to verify the declarations contained in the self-certifications.
11. In paragraph 49 of article 52 of law no. 448, the words: "The ad acta commissioner provided for by article 10 of the decree-law 4 September 1987, n. 366, converted, with modifications, by law 3 November 1987, n. 452, with its own determination, entrusts within two months from the date of entry into force of this law "are replaced by the following:" The Minister of Infrastructure and Transport appoints an ad acta commissioner who operates with the powers referred to in article 13 of the decree-law of 25 March 1997, n. 67 , converted, with amendments, by law no. 135 of 23 May 1997, and subsequent amendments, and which, with its own determination, it entrusts within six months from the date of the appointment decree ".
12. For the completion of the expenditure procedures initiated by the regional public works and magistrates for the Po of Parma and the waters of Venice, as well as for the realization of hydraulic interventions that remain under state competence, pursuant to article 54, paragraph 1 , of the legislative decree 31 March 1998, n. 112, and of article 2, paragraph 3, of the legislative decree 25 May 2001, n. 265, the Minister for the environment and territorial protection assigns, with its own decrees, to the competent regional authorities for public works, to the magistrates for the Po di Parma and the waters of Venice, the necessary funds, using, for this purpose, the allocation of the specific chapters of the forecast of the Ministry of the environment and the protection of the territory in accordance with the provisions of the law of 17 August 1960, n. 908.

Regulation containing rules for the adaptation of the organization and functioning of the administrative structures of the State Attorney's Office to the discipline provided for by art. 2 of the law of 23 October 1992, n. 421

(Official Journal No. 187, 11 August 1995, General Series)

THE PRESIDENT OF THE REPUBLIC

Given the art. 87, fifth paragraph, of the Constitution;
Given the law of 23 October 1992, n. 421, containing rules for the rationalization and revision of the disciplines relating to public employment;
Given the legislative decree 3 February 1993, n. 29 and subsequent amendments, containing rules for the rationalization of the organization of public administrations and the revision of the rules on public employment and in particular art. 73, paragraph 6, which delegates to specific regulations the issuing of rules for adaptation to the discipline contained in art. 2 of the aforementioned law no. 421 of 1992, relating to the organization and functioning of the administrative structures of the State Advocacy;
Given the art. 17, paragraph 1, of the law of 23 August 1988, n. 400;
Having heard the opinion of the Council of State, expressed in the general meeting of 23 February 1995;
Given the resolution of the Council of Ministers, adopted at the meeting of 20 June 1995;
On the proposal of the President of the Council of Ministers and the Minister for the public function and regional affairs;

EMANA

the following regulation:

Chapter I

General Provisions

Art. 1

Purpose and scope of application

1. The provisions of this regulation govern the organization and functioning of the administrative structures of the State Advocacy in order to adapt them to the discipline contained in art. 2 of the law of 23 October 1992, n. 421.

Art. 2

Organization criteria

1. The State Attorney's Office is organized according to the following criteria:
   1. organization of the offices for homogeneous functions;
   2. connection of the activities of the offices through the duty of internal and external communication and interconnection through public information and statistical systems, within the limits of confidentiality and secrecy pursuant to art. 24 of the law of 7 August 1990, n. 241;
   3. transparency, through the establishment of a specific structure for informing citizens and, for each proceeding, attribution to a single office of the overall responsibility of the same, in compliance with the law of 7 August 1990, n. 241;
   4. harmonization of service and office opening hours with the operating needs of the jurisdictional offices and with the hours of the public administrations of the European Community countries, as well as with those of private work.

Art. 3

Organic plants and human resource management

1. For the State Attorney's Office, the consistency of the organic plants of the administrative staff is approved, after determining the workloads, by decree of the President of the Council of Ministers, on the proposal of the State Advocate General, formulated in agreement with the Minister of Treasury and the Department of the Civil Service, after informing the most representative trade union organizations on a national level. If the definition of organic plants involves greater financial burdens, this is done by law.
2. Verification of workloads, pursuant to art. 3, paragraph 5, of the law of 24 December 1993, n. 537, for the purposes of determining the organic plants referred to in paragraph 1, must be carried out with specific reference to the number of litigation and consultative business open in the last three years.

Art. 4

Public relations

1. In order to ensure, also through the use of information technology, the full implementation of the law of 7 August 1990, n. 241, at the General Advocacy Office, the office I referred to in the following art. 12 takes care of relations with the public by providing the entitled persons with information on administrative acts and on the state of proceedings.
2. District lawyers ensure a similar result by adopting measures that are congruent with the size of the relevant offices.

Art. 5

Administrative address

1. The Advocate General of the State, in addition to the powers conferred on him by legislative and regulatory provisions, defines the objectives and programs to be implemented and verifies the compliance of the results of the administrative management with the general directives given. To this end, periodically and in any case every year, also on the basis of the proposals of the general secretary, it issues general directives to be followed for administrative action and management.
2. The board of directors referred to in art. 23 of the law of 3 April 1979, n. 103, carries out consultative tasks also in relation to the exercise of the functions referred to in paragraph 1. The acts of managerial competence are not subject to invocation by the Advocate General, except for particular reasons of necessity and urgency, specifically indicated in the provision of call, to be communicated to the President of the Council of Ministers.

Art. 6

Duties of the Secretary General

1. The secretary general, in addition to the powers conferred on him by legislative and regulatory provisions, is responsible for financial, technical-organizational and administrative management, including the adoption of all the acts that bind the Administration towards the outside, through autonomous spending powers, organization of human and instrumental and control resources. He is responsible for the management and the related results.
2. In particular, the Secretary General:
   1. formulates proposals to the Advocate General also for the purposes referred to in art. 5, paragraph 1;
   2. ensures the implementation of the directives adopted by the Advocate General;
   3. exercises spending powers within the limits of budget appropriations and those of revenue acquisition, defining the value limits of the expenses that district lawyers can commit;
   4. determines, informing the most representative trade union organizations on the national level, the organization criteria of the offices, in accordance with the aforementioned art. 2, according to the directives of the Advocate General, with particular reference to working hours and office hours;
   5. adopts the personnel management documents and allocates the ancillary economic treatments due to the personnel of the State Attorney General in compliance with the provisions in force;
   6. coordinates the activities of the persons in charge of the proceedings identified on the basis of the law of 7 August 1990, n. 241;
   7. provides responses to the findings of the supervisory bodies on the deeds of competence
3. Without prejudice to the provisions of art. 6 of the royal decree of 30 October 1933, n. 1612, the general secretary, for the performance of his functions, avails himself of the collaboration of lawyers and state prosecutors appointed by the advocate general and assigned to the office of the general secretariat.

Art. 7

Duties of District Lawyers

1. In addition to the competences provided for by laws and regulations, the District Lawyers are entitled to:
   1. the management, in accordance with current regulations, of the state district attorneys' offices;
   2. the management of financial resources within the spending limits established by the secretary general;
   3. the periodic survey and verification of the workload and productivity of the administrative structure, after possible examination with the trade unions according to the procedures set out in art. 10 of the legislative decree 3 February 1993, n. 29, and the adoption of the personnel governance proposals;
   4. the attribution of ancillary economic treatments, to the extent of its competence, in compliance with the provisions in force;
   5. the responses to the findings of the supervisory bodies on the acts within their competence.
2. The district lawyers also provide for the adjustment of the hours of service to the specific local situation, taking into account the general criteria determined by the general secretary.

Art. 8

Management responsibilities

1. The general secretary and the district lawyers are responsible for the result of the activity carried out by the offices to which they are responsible, for the implementation of the directives given to them respectively, for the management of personnel and the financial and instrumental resources assigned to them. At the beginning of each year they present to the Advocate General a report on the activity carried out in the previous year.

Art. 9

Support offices

1. The respective private secretarial offices which are assigned to employees in the offices referred to in the following art. 12.
2. The particular secretariat of the Advocate General also looks after the formalities connected with public relations activities, the ceremonial, relations with the press, the organization of congresses and study meetings and participation in them, contacts with foreign organizations and related missions.
3. As part of the general secretariat, the secretariat of the collegiate bodies takes care of the formalities entrusted to it by the advocate general, relating to the functioning of the advisory committee, the council of lawyers and state prosecutors, the permanent committee for administrative staff and the council of administration.

Art. 10

Responsible for automated information systems

1. The person in charge of automated information systems is appointed by the Advocate General, after consulting the Secretary General, from among the State lawyers with specific skills and professional experience; maintains relations with the Authority referred to in Legislative Decree 12 February 1993, n. 39; attends to the functions referred to in art. 10, paragraphs 2 and 3, of the same legislative decree, according to the directives of the advocate general and in accordance with the three-year plan referred to in art. 9, paragraph 2, letter c), of the same legislative decree.
2. The proposed scheme of the three-year plan, with the indications relating to the first year of the three-year period referred to in art. 9, paragraph 2, letter b), of the legislative decree 12 February 1993, n. 39, is prepared, on the basis of the directives of the Advocate General, by the person in charge of the automated information systems, upon the compliant notice of a committee chaired by the same, which includes a lawyer assigned to the general secretariat and the persons in charge of the offices that use information technology for specific operating needs.

Art. 11

Internal control

1. An evaluation unit has been set up for the internal control of documents, with the task of verifying, through comparative evaluations of costs and returns, the correct management of resources, impartiality and the good performance of administrative action. The evaluation team operates in a position of autonomy and responds exclusively to the State Advocate General.
2. The evaluation team is chaired by a deputy state attorney general and composed of two state attorneys and two administrative employees belonging to at least the seventh functional qualification. The nucleus remains in office for three years.

Chapter II

Administrative services

Art. 12

Classification of administrative services

1. The administrative services referred to in art. 1 of the law 15 October 1986, n. 664, at the General Advocacy, are divided into offices, according to the following provisions. The list of the relative attributions, competences and functions is not exhaustive. This articulation finds application in the district advocacy within functional limits to the size of each advocacy. a) Office I - General Affairs and Personnel. It takes care of the following formalities: receiving and sorting correspondence; correspondence protocol not relating to professional affairs; relations with trade unions and decentralized bargaining; collection and storage of internal regulations and documents relating to the affairs of the general secretariat; recruitment and legal treatment of lawyers and attorneys and administrative staff; recognition of the dependence of infirmity on cause of service; carrying out the forensic practice; bestowal of honors; relations with the public, pursuant to the previous art. 4. Pursuant to art. 34 of the decree of the President of the Republic 8 May 1987, n. 266, as well as of the art. 15 of the decree of the President of the Republic January 17 1990, n. 44, and of the art. 2 of the decree of the President of the Council of Ministers of 20 February 1992, takes care of the formalities entrusted to the administration for the cultural promotion and psychophysical well-being of the employees, to be carried out through initiatives aimed at this; b) Office II - Organization and method. Care, also in function of support of the evaluation unit pursuant to art. 11, the surveys and statistical processing on administrative staff and on the activity of the offices of the State Attorney for the purposes of proposals for the modification of working methods and conditions to improve the efficiency of services and relations with public administrations and entities ; c) Office III - Accounting. It takes care of the fulfilments relating to the following subjects: formation and management of budget chapters; economic treatment of lawyers and attorneys in service; economic treatment of administrative staff in service; economic treatment of retired staff; verification of the division of fees pertaining to each office of the State Attorney; d) Office IV - Bursar. It carries out the following functions: collection and payment of emoluments, reporting, custody of valuables; acquisition and management of goods and services; care of the ordinary maintenance works of the building which is the seat of the State Attorney General; care of the surveillance, custody, technical and cleaning services of the premises; telecommunications; maintenance of service vehicles and photo reproduction equipment; mail collection and sedition; e) Office V - Archives and systems. It takes care of the obligations and processes relating to the following sectors: notified deeds; incoming correspondence; business plant; correspondence on departure; definite business; f) Office VI - Professional collaboration. He takes care of the secretarial service of lawyers and procurators and that of general copy; also looks forward to relations with printers, copy shops, courier services and express mail outside the Institute; g) Office VII - External activity and agenda. It takes care of the internal and external obligations regarding: service of judicial documents; deposits, searches and other duties at the chancelleries and secretariats of each judicial authority; acquisition and processing of judgments or other decision-making measures; agenda and schedule; h) Office VIII - Payment and recovery of fees. It takes care of the obligations relating to: protocol and copy; recovery of liquidated expenses; settlement and recovery of compensated expenses under the jurisdiction of the State Attorney General; investigation of articles for compensated expenses falling within the competence of the state district attorneys; cash, accounting and distribution of the fees pertaining to the State Attorney General; management of the expense funds of the entities and other sponsored subjects and consequential activities; i) Office IX - Legal documentation. It takes care of the library service and the purchase of books; the requirements for printing or copying service publications; searches in external databases; l) Office X - Data collection and processing - CED Attends to the acquisition, management and maintenance of the information and communication equipment, and of the relative operating and application software making up the CED of the Attorney General's Office; to the analysis and training of application software; technical assistance relating to the IT systems of the district attorneys and users of IT equipment of the Attorney General.

Art. 13

Final standard

1. By decree of the Advocate General, to be adopted within six months from the date of entry into force of this regulation, the functions and obligations of each organizational unit will be identified in detail and, where necessary, the appropriate further divisions of the offices. 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.

Implementation of the law 21 December 2001, n. 443, for the construction of infrastructures and strategic production settlements of national interest

(Official Journal No. 199, August 26, 2002, Ordinary Supplement)

Art. 12. Resolution of disputes

1. All disputes relating to the execution of contracts and the construction of infrastructures can be resolved by arbitration by law. Except as provided in this article, the provisions of the code of civil procedure apply to the arbitration judgment.
2. If there is arbitration competence, the judgment is delegated to a panel made up of three members.
3. Each of the parties, in the request for arbitration or in the act of resistance, appoints the arbitrator of its own competence, chosen from among professionals with particular experience in the field of public works.
4. The third arbitrator with the function of president of the arbitration panel is appointed, by agreement, by the arbitrators of the parties or by the parties themselves, from among the administrative and accounting magistrates, as well as from state lawyers in the event that one has not been appointed as party arbitrator and the State Attorney's Office is not the defender of one of the parties to the trial. In case of lack of agreement, at the initiative of the most diligent party, the arbitration chamber for public works referred to in article 32 of the framework law and subsequent amendments, chooses the third arbitrator in the register provided for by the decree of the President of the Republic 21 December 1999, n. 554.
5. The arbitration panel appoints the secretary in the person of its own trust and, when necessary, the appointment of the official technical consultant, chosen from the specific list kept by the arbitration chamber.
6. The fees payable to the arbitrators are determined with the regulation referred to in Article 15.

Amendments to the legal system of the State Attorney's Office

(Official Journal No. 70, March 24, 1948, General Series)

THE PRESIDENT OF THE REPUBLIC

Given the art. 4 of the decree-law of 25 June 1944, n. 151, with the modifications made to it by art. 3, first paragraph, of the legislative decree March 16, 1946, n. 98; Given the transitional provisions I and XV of the Constitution; Given the art. 87, fifth paragraph, of the Constitution; On the proposal of the President of the Council of Ministers, Prime Minister Secretary of State, in agreement with the Ministers for Grace and Justice and for the Treasury;

PROMOTE

the following legislative decree, approved by the Council of Ministers with a resolution of 12 February 1948:

Art. 1

The exam for 2nd class substitute lawyer positions takes place in Rome and consists of four written and two oral tests. The written tests consist of:

1. in the drafting of a defensive act of law and civil procedure;
2. in the development of a theoretical theme in civil law with reference to Roman law;
3. in the drafting of a defensive act or in the development of a theoretical issue, in the opinion of the examining commission, in administrative or tax law;
4. in the drafting of a defensive act or in the development of a theoretical issue, in the opinion of the examining commission, in criminal law and procedure.

The oral tests consist of:

1. in an examination on the following subjects: civil law, civil procedure, labor law, social legislation, regional law and European Community law, criminal law, criminal procedure, constitutional law, administrative law, tax law, state accounting, ecclesiastical law, public and private international law and Roman law (2);
2. in an oral defense relating to a judicial dispute, the subject of which must be given to the candidate twenty-four hours in advance.

The two oral tests must take place for each candidate on different days. The classification of the competitors is determined by the sum of the points reported in the written and oral tests.

Art. 2

The Commission of selection of the competitions for the positions of deputy advocate is chaired by a deputy advocate general appointed by the Advocate General.

Art. 3

Competitions for recruitment to the roles of the State Attorney's Office or for promotions to be conferred by means of a competitive examination are announced by the State Advocate General, who also appoints the members and secretaries of the Examining Commissions, to rule of articles 15 and 16 of the royal decree of 30 October 1933, n. 1612, to approve the rankings and to decide, with definitive measures, on the complaints proposed against them.

Art. 4

The second class prosecutors are appointed exclusively following a competition for exams, in accordance with the second paragraph of art. 32 of the consolidated act approved with royal decree no. 1611.

Art. 5

Promotions to deputy chief prosecutor and chief prosecutor are made exclusively by choice.
Before proceeding with the ballots for the promotions to be conferred by choice, both in the role of lawyers and in that of prosecutors, the Personnel Commission may decide that the candidates are invited to exhibit, within a suitable period, ten consultancy and defensive works drawn up in the last year.
Each member of the Staff Commission has ten points.
The sum of the points attributed to each scrutinando determines the classification.
In the case of equal points, candidates belonging to the following categories have preferences, in the order in which they are indicated:

1. decorated with military valor;
2. mutilated or invalids of war;
3. wounded in combat;
4. decorated with the cross for war merit or other special attestation for war merit;
5. fighters;
6. the most senior in grade.

As a result of the classification of all the scrutinized candidates, the Commission forms the ranking and declares that the first classified can be promoted within the number of places to be assigned by choice.

Art. 6

Lawyers and state prosecutors who have reported a disciplinary sanction cannot be promoted until five years have elapsed from the date on which the disciplinary offense was committed.

Art. 7

The Permanent Commission for State Advocates and Procurators is composed of the State Advocate General, who chairs it, and the four senior Deputy Advocates General of the State (3).
When it is necessary to proceed with the appointments in accordance with art. 31 of the consolidated act approved by royal decree no. 1611, a magistrate of a grade not lower than that of councilor of the Court of Cassation, designated by the Minister for Grace and Justice, is part of the Commission.
The Secretary General of the State Advocacy intervenes in the Commission as secretary; has a deliberative vote in matters relating to the order and subordinate personnel, and has an advisory vote in other matters.
In case of absence or impediment of the State Advocate General, the Commission is chaired by the senior Deputy Advocate General.

Art. 8

The Deputy Advocates General of the State assist the Advocate General of the State in the powers he has established for each of them.
The senior Deputy Advocate General replaces the Advocate General in case of impediment or absence.
The Secretary General of the State Advocacy assists the Advocate General in the exercise of his duties and supervises the handling of administrative affairs.

Art. 9 (4)

For the deputy lawyers, for the substitute lawyers or for the state prosecutors, an information report is drawn up by the month of January of each year, which must show the conduct inferred from the observance of the disciplinary rules, from the moral skills, from the character, from the fulfillment of official duties and from the esteem enjoyed in the office and in judicial and forensic circles; general and professional capacity and culture; industriousness and performance; the spirit of initiative; aptitude for executive offices; the number of consultative affairs and disputes handled during the year, with an indication of the matters to which they refer.
The information report is drawn up by the State District Attorney for personnel belonging to the individual district offices, and by the senior Deputy Attorney General for those belonging to the State Attorney General.
For lawyers and attorneys transferred during the year, separate reports must be drawn up by each head of office.

Art. 10

The rules of the regulation approved by royal decree no. 1612, relating to the qualification notes.
These are given for personnel belonging to the State Attorney General by the Secretary General, and for personnel belonging to the District Attorneys by the District Attorney.
The provisions relating to the appointment of subordinate personnel and technical agents, to exercise the faculty provided for in the last paragraph of art. 31 of the regulation approved with royal decree no. 1612, as well as those relating to promotions, transfers, termination of service and in general to the career of the aforementioned personnel are adopted by the State Advocate General.

Art. 11

The commitments and expenditure orders relating to the State Advocacy, within the limits of the funds allocated in the budget, as well as the payment orders are issued and signed by the State Advocate General. The competence of the Central Accounting Office of the Ministry of the Treasury remains valid.

Art. 12

The table annexed to the royal decree no. 120, and modified with the art. 2 of the lieutenant decree of 26 March 1946, n. 158, is replaced, as regards the role of lawyers and that of procurators, by the table annexed to this decree, signed by the President of the Council of Ministers and by the Minister for the Treasury. This decree, bearing the seal of the State, will be included in the Official Collection of laws and decrees of the Italian Republic. Anyone responsible is obliged to observe it and have it observed as state law.

Note:

1. Ratified by art. single, L. April 17, 1956, n. 561.
2. Letter modified by art. 6, L. April 3, 1979, n. 103.
3. Paragraph replaced by art. 4, L. 20 June 1955, n. 519.
4. In accordance with art. 3, paragraph 7, L. April 3, 1979, n. 103, the staff report provided for by these provisions was abolished for state lawyers with effect from 1 January 1979.

(Official Journal No. 158, 8 July 2002, General Series)

Coordinated with the conversion law 8 August 2002, n. 178 containing: "Urgent interventions in tax matters, privatizations, containment of pharmaceutical expenditure and to support the economy even in disadvantaged areas"
(GU n. 187 of 08/10/2002)

Art. 7 ANAS

1. In implementation of the provisions contained in Chapter III of Title III of Law no. 448, and to ensure the urgent achievement of the objectives set out therein, the National Authority for the streets ANAS is transformed into a joint stock company with the name of: "ANAS Joint stock company - also ANAS" with effect from the date of the meeting of referred to in paragraph 7.
2. ANAS Spa is granted, by way of concession, the tasks referred to in article 2, paragraph 1, letters from a) to g), as well as 1), of legislative decree no. 143. ANAS Spa approves the projects referred to in the legislative decree February 26, 1994, n. 143. ANAS Spa approves the projects of the works subject to concession also for the purposes referred to in article 2, paragraph 2, of the legislative decree 26 February 1994, n. 143, and it is responsible for issuing all the acts of the expropriation procedure pursuant to the consolidated text of the legislative and regulatory provisions on expropriation for public utility, referred to in the decree of the President of the Republic of 8 June 2001, no. 327. The concession is approved by 31 December 2002 by the Minister of Infrastructure and Transport in agreement, as regards the financial aspects, with the Minister of Economy and Finance. As part of the concession agreement provided for in paragraph 3 to ANAS Spa, the rights and powers of the owner are attributed to the roads and highways entrusted to it.
3. The discipline of the concession referred to in paragraph 2 is established in the concession agreement which provides, among other things:
   1. the methods of exercise by the grantor of the supervisory and guiding powers over the activity of the concessionaire;
   2. the procedures, including the use of concession contracts to third parties by ANAS Spa, for the management, maintenance, improvement and adaptation of state roads and highways and for the construction of new roads and state highways;
   3. the modalities for the disbursement of the financial resources necessary for the performance of the tasks entrusted to the concession, and for the coverage of the charges borne by the National Road Authority ANAS for the tasks performed up to the transformation;
   4. the duration of the concession, in any case, does not exceed thirty years.

1. By decree of the Minister of Infrastructure and Transport, in agreement with the Minister of Economy and Finance, adopted within 60 days from the date of entry into force of this decree, the outline of the statute of ANAS Spa is approved. Minister of Infrastructure and Transport, in agreement with the Minister of Economy and Finance, as regards the financial aspects, to be adopted within the same deadline, the outline of the concession agreement is approved. Any subsequent amendments to the statute or the concession agreement are approved in the same way.
2. By decree of the Minister of Economy and Finance, the share capital of ANAS Spa is determined on the basis of the net assets resulting from the latest financial statements. Within three months of the first meeting, by decree of the Minister of Economy and Finance, to be adopted in consultation with the Minister of Infrastructure and Transport, one or more persons with adequate experience and professional qualification are designated to carry out the assessment of the corporate assets. . Within three months of receipt of the sworn report, the board of directors of the company determines the definitive value of the share capital within the limits of the estimated value contained in the report itself and in any case not exceeding that resulting from the application of the criteria referred to in article 11, paragraph 2, of the law of 21 November 2000, n. 342.
3. The shares are attributed to the Minister of Economy and Finance, who exercises the rights of the shareholder in agreement with the Minister of Infrastructure and Transport, according to the directives of the President of the Council of Ministers. The president of the company and the other members of the corporate bodies are designated by the Minister of Infrastructure and Transport, with the exception of the President of the Board of Statutory Auditors, who is designated by the Minister of Economy and Finance.
4. The approval of the statute and the appointment of the members of the corporate bodies provided for by the statute itself are carried out by the first assembly which is convened, by the administrator of the National Authority for the streets - ANAS, within thirty days of the issuance of the decrees referred to in paragraph 4.
5. The publication in the Official Gazette of this decree takes place of the formalities regarding the constitution of joint stock companies provided for by the current provisions.
6. The employment relationship of the staff employed by the National Authority for the streets - ANAS at the time of transformation continues with ANAS Spa and continues to be governed by the previous provisions.
7. All the acts connected to the transformation operations are carried out under a fiscal neutrality regime.
8. The audit of the Court of Auditors takes place in the manner provided for by article 12 of the law of 21 March 1958, n. 259. ANAS Spa may avail itself of the patronage of the State Advocacy, pursuant to article 43 of the consolidated act of laws and legal norms on the representation and defense in court of the State and on the order of the State Advocacy, of referred to in the Royal Decree of 30 October 1933, n. 1611, and subsequent amendments.
9. On a transitional basis, the same members of the Board and the Board of Auditors of the National Authority for the Streets - ANAS are confirmed for the same duration of the office currently held as members of the first board of directors and the first board of statutory auditors. The resources already assigned to the National Road Authority - ANAS are insured for the activities subject to concession to ANAS Spa. Until the concession referred to in paragraph 2 is effective, ANAS Spa continues to fulfill all the tasks and functions attributed to the National Road Authority - ANAS using the resources assigned to the Authority itself and the rules apply to it. and the relevant provisions of the aforementioned Body. ANAS Spa happens in the active and passive relationships of the National Body for the Streets - ANAS. Any reference to ANAS, contained in laws, regulations or provisions, must be understood as made to ANAS Spa.

Art. 8 Reorganization of CONI

1. The public body Italian National Olympic Committee (CONI) is divided into the organs, including peripheral ones, provided for by the legislative decree of 23 July 1999, n. 242. For the performance of its duties it avails itself of the company provided for in paragraph 2.
2. A joint stock company has been established with the name "CONI Servizi Spa".
3. The share capital is set at 1 million euros. Subsequent contributions to the share capital are established, taking into account the industrial plan of the company, by the Minister of Economy and Finance, in agreement with the Minister for Cultural Heritage and Activities.
4. The shares are attributed to the Ministry of Economy and Finance. The president of the company and the other members of the board of directors are appointed by CONI. The chairman of the board of statutory auditors is designated by the Minister of Economy and Finance and the other members of the same board by the Minister for Cultural Heritage and Activities.
5. The approval of the statute and the appointment of the members of the corporate bodies provided for by the statute itself are carried out by the first assembly, which the Minister of Economy and Finance, in agreement with the Minister for Cultural Heritage and Activities, convenes within thirty days from the date of entry into force of this decree.
6. Within three months of the first meeting, by decree of the Minister of Economy and Finance, adopted in concert with the Minister for Cultural Heritage and Activities, one or more persons with adequate experience and professional qualification are designated to carry out the asset assessment. social. Within three months of receiving the sworn report, the board of directors or the sole director of the company, after consulting the board of statutory auditors, determines the definitive value of the share capital within the limits of the estimated value contained in the report itself and in any case not exceeding that resulting from the application of the criteria referred to in article 11, paragraph 2, of law no. 342. If the result of the estimate turns out to be insufficient, real estate assets of the State can be identified by decree of the Minister of Economy and Finance to be conferred to Coni Servizi spa. To this end, further contributions to the share capital may be made with subsequent legislative measures.
7. The publication in the Official Gazette of this decree takes place of the formalities regarding the constitution of joint stock companies provided for by the current provisions.
8. Relations, including financial ones, between CONI and CONI Servizi spa are governed by an annual service contract.
9. CONI Servizi spa can also enter into agreements with the regions, autonomous provinces and local authorities.
10. The audit by the Court of Auditors on CONI Servizi spa is carried out in the manner provided for by article 12 of the law of 21 March 1958, n. 259. CONI Servizi spa may avail itself of the patronage of the State Attorney, pursuant to article 43 of the consolidated act of laws and legal regulations on representation and defense in court of the State and on the legal system of the State Attorney, of referred to in the Royal Decree of 30 October 1933, n. 1611, and subsequent amendments.
11. The staff employed by the public body CONI has been employed by CONI Servizi spa since 8 July 2002, which succeeds in all active and passive relationships, including financing relationships with banks, and in the ownership of assets making head to the public body. By decree of the President of the Council of Ministers, adopted within thirty days from the date of entry into force of this decree, on the proposal of the Minister for the civil service, in agreement with the Minister of Economy and Finance, after consulting the trade unions, established the implementation procedures for the transfer of CONI personnel to CONI Servizi spa, also for the purpose of safeguarding, after the transfer and in the initial implementation phase of this provision, the procedures referred to in articles 30, 31 and 33 of the legislative decree of March 30 2001, n. 165. For employees in service at the CONI public body on the date of entry into force of this decree, the contribution and pension schemes for seniority accrued up to the aforementioned date remain valid.
12. All the acts connected to the operations of incorporation of the company and conferral to the same are excluded from all taxes and rights and are therefore carried out in a fiscal neutrality regime.
13. Until the first meeting, all the legislative and statutory provisions governing CONI remain in force on a provisional basis. From the aforementioned date these provisions remain in force insofar as they are compatible.
14. The current provisions on the supervision of the Ministry for cultural heritage and activities on CONI remain valid.
15. The charge deriving from this article, equal to 1,000,000 euros, is provided, for the year 2002, by means of a corresponding reduction in the appropriation entered, for the purposes of the 2002-2004 three-year budget, as part of the basic forecasting unit. capital account "special fund" of the budget of the Ministry of Economy and Finance for the year 2002, using the provision relating to the Ministry itself.

THE PRESIDENT OF THE REPUBLIC

Having regard to articles 77 and 87 of the Constitution;
Considering the extraordinary necessity and urgency to deflate the overload of work of the Courts of Appeal with regard to the appeals filed to obtain equitable reparation in the event of violation of the reasonable term of the trial;
Considering the extraordinary need and urgency to simplify and speed up the competition procedure for the appointment of justices of the peace, as well as to adapt the staff of the administrative staff of the Higher Council of the Judiciary;
Considering the extraordinary necessity and urgency of adopting interventions for the strengthening of the prison administration structures, considering the inefficiency and antiquity of the existing prisons and their overcrowding;
Finally, considering the extraordinary need and urgency to rationalize the functionality of the sections of the Court of Cassation;
Given the resolution of the Council of Ministers, adopted at the meeting of 6 September 2002;
On the proposal of the President of the Council of Ministers and the Minister of Justice, in agreement with the Minister of Economy and Finance;

EMANA

the following decree-law:

Chapter I
Amendments to the law 24 March 2001, n. 89, containing the provision of equitable reparation in case of violation of the reasonable time limit of the trial and modification of article 375 of the code of civil procedure.

Art. 1.

1. After article 2 of the law of 24 March 2001, n. 89, the following is inserted:
   "Art. 2-bis (Settlement agreement). - 1. The request for equitable reparation referred to in article 3 is proposed only after ninety days have elapsed from that in which the interested party, also personally and upon indication of the domicile elected, has communicated the willingness to introduce the action for equitable reparation, by registered letter with acknowledgment of receipt sent to the office of the State Attorney's Office in the district of the Court of Appeal where the trial was held or is being held from which the prejudice originated. The communication is accompanied by the introductory document, the minutes of the procedural activities as well as, if any, the decisions that defined each stage and grade of the judgment to which the request for equitable reparation refers. The aforementioned communication, accompanied by the deeds and documents, is a condition of admissibility of the application referred to in Article 3.
2. The copy of the communication referred to in paragraph 1 alone is simultaneously sent by the interested party, by the same means, to the Minister of Justice when it comes to proceedings under the jurisdiction of the ordinary judge, to the Minister of Defense when it comes to proceedings under the jurisdiction of the military judge and to the President of the Council of Ministers in any other case. The proceedings of the tax judge are excluded from the settlement agreement referred to in this law.
3. The State Attorney's Office evaluates the documentation attached to the communication referred to in paragraph 1 and, having consulted the administrations concerned and acquired, where deemed appropriate, from the competent judicial offices a copy of further deeds and documents deemed relevant in addition to those that the interested party must produce pursuant to paragraph 1, within the term of ninety days communicates a settlement proposal to the interested party.
4. The State Attorney's Office determines the contents of the settlement proposal by applying objective parameters connected to the duration and type of procedure, also taking into account the procedural conduct of the applicant party and the outcome, even potential, of the judgment held or in progress, following the guidelines established by decree of the President of the Council of Ministers to be adopted within sixty days from the date of entry into force of this article, as well as the specific indications that the administrations concerned have deemed appropriate to transmit in relation to the concrete case.
5. The communication referred to in paragraph 1 suspends, for the entire duration of the negotiations and in any case for no more than ninety days, the expiry of the forfeiture period referred to in Article 4.
6. The negotiations are carried out within ninety days of receipt of the communication referred to in paragraph 1. Once this term has elapsed in vain, the negotiations are in any case considered completed.
7. The settlement deed is signed for the state by the state attorney general or, by proxy, by a state attorney or district attorney and is enforceable against the administration concerned. It is drawn up in triple original, one of which is immediately sent by the Attorney's Office to the Ministry of Economy and Finance so that it can pay the sum agreed with the transaction within ninety days of signing the transaction, another to the instant party and the third is deposited in the registry of the Court of Appeal where the judgment which gave rise to the prejudice took place or is in progress. A copy of the settlement deed is sent, without delay, by the registry, to the Attorney General of the Court of Auditors.
8. The clerk of the Court of Appeal where the judgment from which the prejudice originated was carried out or is being carried out, once the term provided for in paragraph 7 has expired and the conformity between the original filed and that exhibited by the interested party has expired, it is responsible for sending it to the latter in executive form pursuant to article 475 of the code of civil procedure.
9. The transaction deed is exempt from registration tax.
10. The fees for any assistance and advice given for the purpose of defining the settlement agreement remain the responsibility of each party. The fee paid to the State Attorney's Office is determined in an amount corresponding to the minimum indicated by the professional rates reduced to a quarter.
11. For the completion of the pre-litigation phase referred to in this article by the State Attorney's Office, the administrations concerned shall, pursuant to article 14 of the law of 7 August 1990, n. 241, to the provision of premises and of equipments also informatiche, as well as to the attribution, by means of command or detachment of units of administrative personnel in possession of specific professionalities.
12. With regard to the pending proceedings referred to in Article 3, which at the date of entry into force of this article have not yet been decided upon, the State Attorney's Office of the District Court of Appeal where the judgment is pending may formulate the settlement proposal up to the assignment of the case for decision.
13. The transaction concluded while the judgment referred to in article 3 is pending includes the conventional definition of the related expenses and its signing entails a waiver of the acts of the judgment itself and produces its extinction pursuant to article 306 of the code of civil procedure. The extinction is declared by decree by the President of the panel of the Court of Appeal at which the judgment is pending. ".

Art. 2.

1. In article 3 of the law of 24 March 2001, n. 89, the following changes are made:
   1. paragraph 3 is replaced by the following: "3. The appeal is filed against the Minister of Justice when it comes to proceedings under the jurisdiction of the ordinary judge, to the Minister of Defense when it comes to proceedings under the jurisdiction of the military judge, the Minister of the Economy and Finance when dealing with criminal tax proceedings and to the President of the Council of Ministers in any other case. The proceedings under the jurisdiction of the tax judge are excluded from the appeal under this law. ";
   2. in paragraph 6, the words: "The decree is immediately enforceable." are replaced by the following: "The decree is motivated in summary form, even if only with the reference to previous compliant decisions, omitted any reference to the development of the facts not strictly necessary for the purposes of the decision; it is immediately enforceable.";
   3. after paragraph 6 the following is inserted: "6-bis. The Court of Appeal, in the decision of the procedure referred to in this article, comparatively examined the positions taken by the parties during the negotiations referred to in article 2- bis and, by way of derogation from articles 91 and 92 of the code of civil procedure, can exclude, in whole or in part, the repetition of the expenses incurred by the winner, or even order him to reimburse, partially or totally, the expenses incurred by the unsuccessful party, if it appears that he has unreasonably refused to adhere to the settlement proposal formulated pursuant to article 2-bis with a content similar to that of the decree referred to in paragraph 6. ".

Art. 3.

1. In article 5 of the law of 24 March 2001, n. 89, after paragraph 1, the following are added at the end:
   "1-bis. The clerk immediately communicates the decree referred to in paragraph 1 to the Ministry of Economy and Finance so that it can make payment within ninety days from the date of publication of the decree.
   1-ter. Once the terms referred to in paragraph 2 have elapsed, any notification of the precept and the subsequent acts of forced execution of the executive titles referred to in articles 2-bis and 3 are in any case carried out against the Ministry of Economy and Finance, regardless of the administration against which the title to be executed was formed. ".

Chapter II
Urgent measures for the appointment of justices of the peace and to support the government of the judiciary

Art. 4.

1. In article 4 of the law of 21 November 1991, n. 374, and subsequent amendments, the following amendments are made:
   1. paragraph 1 is replaced by the following: "1. The president of the Court of Appeal, at least six months before the planned holidays occur in the organic plant of the district justice of the peace offices, or upon the occurrence of the vacancy, publication of vacant positions in the district by posting on the website of the Ministry of Justice, as well as in the Official Gazette. The sixty-day deadline for submitting applications runs from this last publication, which indicates the requisites possessed and contains the declaration certifying the non-existence of the causes of incompatibility provided for by law. The president of the Court of Appeal also requests the mayors of the municipalities concerned to post the list of holidays and the deadlines for the presentation of the questions from interested parties. ";
   2. after paragraph 1 the following is inserted:
      "1-bis. Interested parties cannot apply for admission to the internship in more than three different districts in the same year and cannot indicate more than six locations for each district.".

Art. 5.

1. In article 3 of the legislative decree February 14, 2000, n. 37, the following changes are made:
   1. in paragraph 1, the words: "the CSM, within the limits of the funds allocated for its functioning, can stipulate" are replaced by the following: "The Presidential Committee, within the limits of the funds allocated for the functioning of the CSM, can authorize the stipulation of ";
   2. in paragraph 1, after the word: "vice president", the following are inserted: "and of assistance to the directors";
   3. in paragraph 2, the word: "ten" is replaced by the following: "twenty-six";
   4. the following paragraph is added at the end: "4-bis. The Secretary General will fulfill the requirements of this article.".

1. In article 5, paragraph 4, of the legislative decree February 14, 2000, n. 37, the following changes are made:
   1. the word: "one year" is replaced by the following: "eighteen months";
   2. the word: "CSM" is replaced by the following: "The Presidential Committee with its own provision".

Chapter III
Urgent interventions for the strengthening of the prison administration structures

Art. 6.

1. The Minister of Justice prepares, within one hundred and twenty days from the date of entry into force of this decree, an extraordinary multiannual plan of interventions for the acquisition and structural adaptation of buildings, works, infrastructures and systems essential for the strengthening of the penitentiary sector, also using the tools provided for by article 145, paragraph 34, letter c), of law no. 388, for a total charge of € 93,328,000.

Chapter IV
Amendments to article 67 of the royal decree of 30 January 1941, n. 12, containing the judicial system

Art. 7.

1. In article 67 of the Royal Decree of 30 January 1941, n. 12, the following paragraph is added at the end:
   "The presidency of the colleges of the simple sections is assumed by a president of the section, or, in his absence, by the magistrate of the same section with greater seniority in the exercise of the functions of legitimacy.".

Chapter V
Amendments to the decree-law 6 May 2002, n. 83, converted, with modifications, by the law 2 July 2002, n. 133, containing urgent provisions on personal security and further measures to ensure the functionality of the offices of the Interior Administration

Art. 8.

1. With the decree-law of 6 May 2002, n. 83, converted, with modifications, by the law 2 July 2002, n. 133, the following changes are made:
   1. in article 2, paragraph 5, second sentence, after the words: "of the Financial Police Corps," the following are inserted: "of the Penitentiary Police Corps,";
   2. in article 2, paragraph 6, after the words: "of the Finance Police Corps" the following are inserted: "and, limited to the services of protection and surveillance of persons belonging to the Administration of Justice, of the Penitentiary Police Corps" .

Art. 9.

1. For the implementation of the program referred to in article 6, the expenditure of € 10,694,896 for the year 2002 and € 20,658,276 for the years from 2003 to 2006 is authorized. 2002, 2003 and 2004, by means of a corresponding reduction in the appropriation entered, for the purposes of the 2002-2004 three-year budget, in the context of the basic forecasting capital account "Special Fund" of the budget of the Ministry of Economy and of finance for 2002, using the provision relating to the Ministry of Justice for this purpose.
2. The Minister of the Economy and Finance is authorized to make the necessary budget changes with his own decrees.

Art. 10.

1. This decree enters into force on the day following that of its publication in the Official Gazette of the Italian Republic and will be presented to the Chambers for conversion into law.
   This decree, bearing the seal of the State, will be included in the Official Collection of legislative acts of the Italian Republic. Anyone responsible is obliged to observe it and have it observed.

Given in Rome, on 11 September 2002

CIAMPI
Berlusconi, President of the Council of Ministers
Tremonti, Minister of Economy and Finance
Seen, the Keeper of Seals: Castelli