Changes to the State Attorney's Office system

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

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

THE PRESIDENT OF THE REPUBLIC

PROMULGATES

the following law:

Article 1

State lawyers and prosecutors are divided into:

State Attorney General;

State Lawyers;

State Attorneys.

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

Article 2

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

Article 3

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

Article 4

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

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

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

Article 5

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

Article 6

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

Article 7

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

Article 8

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

Article 9

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

Article 10

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

Article 11

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

Article 12

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

Article 13

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

Article 14

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

Article 15

The art. 15 of the consolidated text approved by royal decree 30 October 1933, n. 1611, is replaced by the following: "The state advocate general: determines the directives inherent to the handling of contentious and consultative affairs; presides over and convenes the council of state lawyers and prosecutors and the consultative committee; supervises all offices, services and staff of the State Attorney's Office and supervises their organization, giving the appropriate provisions and general instructions; resolves, after consulting the consultative committee, differences of opinion both between the district offices of the State Attorney's Office and between these and the individual administrations; assigns litigation and consultative affairs to lawyers and prosecutors serving at the State Attorney General's Office, based on the criteria established by the consultative committee; periodically reports to the President of the Council of Ministers on the activities carried out by the State Attorney's Office, by presenting specific reports, and also promptly reports any legislative deficiencies and interpretative problems that emerge during the institute's activity; makes proposals and adopts measures expressly attributed to its competence, as well as any other measure concerning the offices and personnel of the State Attorney's Office that is not attributed to another authority. In case of impediment or absence, the advocate general is replaced by the deputy advocate general with greater seniority in the role".

Article 16

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

Article 16 bis

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

Article 17

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

Article 18

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

Article 19

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

Article 20

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

Article 21

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

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

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

Article 22

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

Article 23

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

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

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

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

Article 24

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

Article 25

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

Article 26

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

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

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

Article 27

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

Article 28

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

Article 29

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

Article 30

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

Article 31

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

Article 32

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

Article 33

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

Article 34

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

Article 35

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

Article 36

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

Table A (4)

Organic role of state lawyers and prosecutors

Table B

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

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