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.