1. In general
   The Code of Conduct for Administrative Staff of the State Advocacy, hereinafter the "Code" is adopted pursuant to art. 1, co. 2, of the “Code of conduct for public employees”, approved by the President of the Republic decree no. 62, as an instrument aimed at regulating and directing the activity of the administrative staff of the State Advocacy in a legal and ethical sense.
   
   The Code, which basically follows the layout of the Code of Conduct for public employees, is made up of 9 articles:
   
   art. 1 Purpose
   art. 2 Scope of application
   art. 3 General provisions
   art. 4 Integrity
   art. 5 Obligation of confidentiality
   art. 6 Rules for officials holding organizational positions
   art. 7 Rules for personnel assigned to contracting authorities
   art. 8 Rules for the processing of legal documents and for the collaboration of professional staff
   art. 9 Final provisions .
   
   The articles do not repeat the content of the corresponding rules of the Code of Conduct for civil servants but integrate and specify the regulatory provisions contained therein in consideration of the peculiarities that characterize the administrative activity of the State Attorney's Office.
2. The individual articles
   • The art. 1, Purpose, introduces directly to the "Code": it explains the sources of inspiration for its rules; the requirements to which the performance of administrative activities must correspond; the goal that its adoption is intended to pursue.
   • The art. 2, Scope of application , as expressly provided for by art. 2 of Presidential Decree 62/2013, defines the sphere of recipients obliged to comply with the rules of the Code which, in addition to all staff in service, is extended to all those who, for various reasons, enter into relations with the State Attorney's Office.
   • The art. 3, Provisions of a general nature, takes up the general principles set out in art. 3, Presidential Decree no. 62/2013, of which it reaffirms the content and integrates the provisions, also relating the non-compliance with the rules of the Code of public employees and the Code of conduct of the administrative staff of the State Attorney's Office not only to the consequent disciplinary proceedings but also to the system of Performance measurement and evaluation.
   • The art. 4 (Integrity), preliminarily, indicates to the employee a model of fair behavior inspired by integrity, subsequently expanded with the introduction of specific provisions of the general rules set out in the Code of Conduct for public employees in Articles 4 ( Gifts, fees and other benefits ), 5 ( Participation in associations and organizations ), 6 ( Communication of financial interests and conflicts of interest ), 7 ( Obligation to abstain ), 8 ( Prevention of corruption ), 9 ( Transparency and traceability ), 10 ( Behavior in private relationships ) and 11 ( Behavior in service ) also in compliance with the indications developed by the independent Commission for the evaluation of the transparency and integrity of the Public Administration (Civit) in the Guidelines on codes of conduct.
   • As regards the aforementioned art. 4, Presidential Decree 62/2013, Gifts, remuneration and other benefits , the Code indicates the conduct to which the employee must comply, setting the limit of the amount foreseen for the gifts for use and specifying how any gifts received will be used by the administration outside the permitted cases.
   • In relation to art. 5 of Presidential Decree 62/2013, Participation in associations and organizations , the Code identifies the scope of unauthorized relationships, the times and the way in which declarations of any cases of potential interference with institutional activity must be made.
   • The art. 4-4 of the Code, in expanding the provisions of art. 6 of Presidential Decree no. 62/2013 Communication of financial interests and conflicts of interest, specifies the obligations of the employee and the procedures envisaged for the management of potential conflicts of interest with the administration.
   • With the art. 4-5 the Code specifies the provisions of art. 7 of the Code of Conduct for civil servants regarding the Obligation to abstention , proceduralizing the compulsory notices of abstention.
   • The art. 4-6 of the Code, Prevention of corruption, defines the content of art. 8 of Presidential Decree 62/2013, referring to the measures contained in the three-year Corruption Prevention Plan; specifies the obligations of collaboration of employees with the Manager for the prevention of corruption, especially with reference to the communication of data and reports; indicates the measures for the protection of the employee who reports an offense to the administration as required by law and by the three-year plan for the prevention of corruption.
   • With the art. 4-7, Transparency and traceability, integrating the provisions of art. 9 of Presidential Decree 62/2013, the Code sends the contents of the three-year program for transparency and integrity and provides rules aimed at encouraging collaborative behavior on the part of the staff responsible for communicating information, data and documents subject to publication, to guarantee of the regularity and completeness of the information to be published.
   • The art. 4-8 of the Code, Behavior in private relationships, in relation to the provisions of art. 10 of Presidential Decree 62/2013, identifies the behaviors considered to be harmful to the image of the State Attorney's Office and that employees are required to avoid.
   • In addition to art. 11 of the Code of Conduct for Public Employees, Behavior in service, art. 4-9 of the Code provides nine rules to which employees are required to conform their behavior during the performance of work activities, inspired above all by integrity, loyalty, collaboration, respect in interpersonal relationships and the adequate use of materials , equipment and services.
   • The art. 5 of the Code is dedicated to the Obligation of confidentiality, a fundamental requirement to which the administrative staff of the State Attorney's Office must pay particular attention, taking into account the sensitivity of the information that they may become aware of in the performance of their work activities and the damage that to state administrations could result from mismanagement of such information.
   • The art. 6 of the Code, Rules intended for officials holding organizational positions, also in compliance with the indications developed by Civit with resolution 75/2013, introduces specific provisions of the general rules set out in art. 13 of Presidential Decree 62/20123 - Provisions for managers - which, provided for an administrative management currently not present in the State Attorney's Office, have been revised and intended for officials holding organizational positions.
     
     Even if the conclusion of contracts or other negotiating instruments with private subjects constitutes a marginal activity for the State Attorney, intended exclusively for the procurement of goods and services for its own needs, with art. 7 Rules for the personnel assigned to contracting stations the Code intends to give specific indications, of a behavioral nature, to the personnel assigned to this sector of activity particularly exposed to the risk of corruption.
   • The art. 8 of the Code, Rules for the processing of legal documents and for collaborating with professional staff, contains a series of behavioral rules intended to direct and regulate the work of supporting administrative staff in the legal activity of the lawyers and attorneys of the State and which significantly represent the institutional needs of the State Advocacy.
   • The art. 9 Final Provisions provides information on the dissemination and entry into force of the Code itself.
3. The Approval Procedure
   
   With regard to the procedure for approving the Code, the express indications referred to in art. 1, co. 2, Presidential Decree 62/2013, where it is established that the codes of conduct are adopted by the individual administrations pursuant to art. 54, co. 5, legislative decree 30 March 2001, n. 165, as amended by law no. 190/2012.
   
   In particular:
   • the guidelines on codes of conduct for public administrations, drawn up by the Commission for the evaluation, transparency and integrity of public administrations (CIVIT), were observed both for the procedure and for the specific contents;
   • The outline of the Code of Conduct was submitted by the Head of Corruption Prevention for approval by the Secretary General and the Person in Charge of the 1st General Affairs and Personnel Office, in their capacity - among others - as an Office for disciplinary proceedings;
   • on 4 December 2013, notice was given of the start of the open procedure for the adoption of the Code of Conduct for the Administrative Staff of the Avvocatura dello Stato, the outline of which was published on the institutional website and made available for public consultation for a adequate period of time, with the express indication of the methods by which to transmit any comments and proposals to the e-mail address connected and contained in the notice;
   • the participatory path preordained for the adoption of the Code was intended to involve the trade union organizations representing the staff, the Single Guarantee Committee, the public administrations that use the activities and services provided by the administrative structure of the State Attorney's Office, all legal operators , associations or organizations representing particular interests or other interested parties;
   • the CGIL, the only party that participated in the procedure, sent, within the foreseen time frame, a proposal to postpone the entry into force of the "Code", with a request to convene the trade unions. by the Secretary General for a discussion;
   • on 24 January 2014, the Evaluation Unit for internal control pursuant to art. 11 of Presidential Decree no. 333/1995, which - deeming it unable to render the opinion required by the Law to the Independent Assessment Body because it is not vested with these competences - has also taken note of the "Code" scheme, expressing appreciation and sharing in this regard;
   • the Code, together with the Explanatory Report, once adopted by decree of the State Advocate General, will be sent to the National Anti-Corruption Authority, pursuant to article 1, paragraph 2, letter d) of Law 6 November 2012, n. 190.

Rome, 24 January 2014

Responsible for the prevention of corruption
Responsible for the Transparency of the State Attorney's Office
Daniela Frascaroli