Difference between revisions of "Local government of the Kingdom of Italy"
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=== Government Commissioner === | === Government Commissioner === | ||
| − | The Government Commissioners (Italian: ''Commissari del Governo'') represent the State in the regional territory | + | The Government Commissioners (Italian: ''Commissari del Governo'') represent the State in the regional territory and heads state and regional administrations. |
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| − | ==== | + | ==== State functions ==== |
| − | The Government Commissioner has functions similar but distinct from those of the Prefect. He represents the Region, directs the administration of the region and is responsible for, control, endorse and issue regional regulations. He has, therefore, at the regional level a role comparable to that of prime minister. | + | The Government Commissioner is, in Italy, the depositary of the authority of the State in an Administrative Region. He has authority over both the Regional Administration and the Provincial Prefects, except in matters of administrative control, public order and security, the entry and stay of foreigners and the right of asylum.<br> |
| + | The Government Commissioner directs the decentralized regional services of the State, must relay the policy of the government on major projects, controls the legality and the respect of the budgetary rules of the acts of the region and its public establishments, chairs the Regional Administration Committee (''Comitato Amministrativo Regionale'', C.A.R.) which brings together the provincial prefects and the regional heads of the decentralized services of the Italian State. It is after consulting it that the Government Commissioner decides on the state’s strategic action plan in the region. | ||
| + | The Government Commissioner receives and enforces guidelines for both the administrative activities of the Administrative Regions and the divisions of the State Administrations at regional level to ensure the unity of direction and the adequacy of the administrative action. He directs the collection of useful information for the performance of the functions of state and regional bodies, forming the terminal for compliance with the obligation of information in relations with regional authorities. The Government Commissioner report regularly to the Chief of Government on its activities, with particular regard to the coordinated implementation of state and regional programs. | ||
| + | Through its information and proposals, it prepares economic and social development and regional planning policies. In order to ensure the implementation of these policies, the Government Commissioner has the power to fix (after consulting the C.A.R.) the "necessary guidelines" for the provincial prefects, who are obliged to comply with their decisions. The Government Commissioner is responsible for the animation and coordination of the action of the provincial prefects. | ||
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| + | ==== Regional functions ==== | ||
| + | The Government Commissioner has functions similar but distinct from those of the Prefect. He represents the Region, directs the administration of the region and is responsible for, control, endorse and issue regional regulations. He has, therefore, at the regional level a role comparable to that of prime minister. The Government Commissioner is also the head of the local administration.<br> | ||
The Government Commissioner submits to the regional council the proposed regulations and other measures of the initiative of the council, convenes and chairs the Executive Commission, defining the agenda, assigns functions to the Commissioners ordered organically and settle conflicts of jurisdiction between the Commissioners. The Government Commissioner is entitled to enter into contracts for the region.<br> | The Government Commissioner submits to the regional council the proposed regulations and other measures of the initiative of the council, convenes and chairs the Executive Commission, defining the agenda, assigns functions to the Commissioners ordered organically and settle conflicts of jurisdiction between the Commissioners. The Government Commissioner is entitled to enter into contracts for the region.<br> | ||
The Government Commissioner is regional health authority: in this capacity, can issue emergency ordinances against the law, with effect to the entire region or part of it including the most common, in the event of health emergencies and public health.<br> | The Government Commissioner is regional health authority: in this capacity, can issue emergency ordinances against the law, with effect to the entire region or part of it including the most common, in the event of health emergencies and public health.<br> | ||
| − | In the presence of a delegation of the Government, the Commissioner may exercise the functions of authority public security: in Sardinia and in Sicily the Government Commissioner is tasked with the overall police coordination. | + | In the presence of a specific delegation of the Government, the Commissioner may exercise the functions of authority public security: in Sardinia and in Sicily the Government Commissioner is tasked with the overall police coordination. |
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| + | ==== Appointment ==== | ||
| + | The Government Commissioner is appointed among Prefects First Class, administrative judges, State lawyers and State officials ranking at least Director General, by decree of the Duce, proposed by the Chief of Government, in consultation with the Minister of the Interior. When the appointed Government Commissioner is not yet a Prefect, he fills one slot of the quota of non-career Prefects. As of 2019, all Government Commissioners have been drawn from the Prefectorial carrer and, according to established but informal practice, the office is given the same prefect of the regional capital. | ||
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| + | === Secretariat General for Regional Affairs === | ||
| + | The Government Commissioner also has a Secretary General for Regional Affairs (''Segretario Generale per gli Affari Regionali'', S.G.A.R.) who, with his services, exercises the missions assigned to the Government Commissioner with regard to the regional scope. This service is made up of staff from not only the Ministry of the Interior but also from other ministries. | ||
=== Regional Executive Commission === | === Regional Executive Commission === | ||
| − | The Regional Executive Commission (Italian: ''Commissione Esecutiva Regionale'') is the body of the Administrative Region tasked with support of the Government Commissioner in governing the Region. The Commission is in the employ of the Government Commissioner and comprises the Executive Commissioners. The Commission also deals with all the administrative interests of the territory which does not fall within the specific competence of other bodies. Moreover, the Commission as a body has to give his opinion on matters which it is required by the Government Commissioner for, as well as on the affairs for which it is required by law. Commissioners are appointed and dismissed by the Minister of Interior, in consultation with the Government Commissioner. | + | The Regional Executive Commission (Italian: ''Commissione Esecutiva Regionale'') is the body of the Administrative Region tasked with support of the Government Commissioner in governing the Region. The Commission is in the employ of the Government Commissioner and comprises the Executive Commissioners. The Commission also deals with all the administrative interests of the territory which does not fall within the specific competence of other bodies. Moreover, the Commission as a body has to give his opinion on matters which it is required by the Government Commissioner for, as well as on the affairs for which it is required by law. Commissioners are appointed and dismissed by the Minister of Interior, in consultation with the Government Commissioner.<br> |
| + | According to an established practice, regional heads of state administrations often serve as Regional Executive Commissioners. | ||
=== Regional Corporative Council === | === Regional Corporative Council === | ||
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* up to 70 regions with a population of up to eight million inhabitants; | * up to 70 regions with a population of up to eight million inhabitants; | ||
* up to 80 regions with a population of over eight million people. | * up to 80 regions with a population of over eight million people. | ||
| − | Councillors are nominated by regional corporations according to quotas set up by the Ministry of Corporations and appointed by the Minister of Interior. | + | Councillors are nominated by regional corporations according to quotas set up by the Ministry of Corporations and appointed by the Minister of Interior. The Regional Corporate Council includes four colleges: |
| + | * 35% of representatives of businesses and non-salaried professional activities in the region; | ||
| + | * 35% of representatives of union organizations; | ||
| + | * 25% of representatives of organizations and associations that participate in the collective life of the region; | ||
| + | * 5% of personalities who, because of their activities or their quality, contribute to the development of the region. | ||
| + | The Regional Corporative Council must be consulted for an opinion by the Government Commissioner on the reports concerning the preparation and execution of the State region project contract, on the various regional budget acts as well as on the medium and long-term plans relating to the powers of the region. The CESER has only an advisory role with the public authorities, its opinions are in no way binding for the regional councils. | ||
=== Single-province Regions === | === Single-province Regions === | ||
Latest revision as of 17:10, 25 June 2020
Both the Province and the Municipality have their own government bodies, but they are subject to the surveillance of the Prefect, who acts as Government representative within the Province and for both the Province itself and all provincial municipalities. In order to keep the lower bodies in line with National policies and political will, the Prefect is empowered to watch over all administrative activities carried out by Province and Municipalities, although he can adopt and enact "prefectorial" administrative activities outside public safety and security only when required by urgent circumstances. The only exception to the double action-and-control system lies within the Governorate of Rome, which is directly supervised by the Ministry of Interior, as its Governor also holds the Prefecture of the City of Rome. The establishment of a local power, which relieves the central administration of overcoming its functions, is functional to the indirect administrative control of the state machine.
Contents
- 1 Municipality
- 2 Province
- 3 Prefect
- 4 Administrative Regions
- 5 Governorate of Rome
- 6 Regions of Italy
- 7 Emblems
- 8 Directorate General for the Civil Administration of the Interior
- 9 See also
Municipality
The Municipality (Italian: Comune) is the lowest administrative body with inherent autonomy. It provides many of the basic civil functions: registry of births and deaths, registry of deeds, and contracting for local roads and public works. The density of comuni varies widely by province and region: the province of Bari, for example, has 1,564,000 inhabitants in 48 municipalities, or over 32,000 inhabitants per municipality; whereas the Aosta Valley has 121,000 inhabitants in 74 municipalities, or 1,630 inhabitants per municipality. While provinces and regions are creations of the central government, the natural community is indeed the Comune, for many Italians their hometown.
Both Municipalities and Provinces have, as peripheral articulations of the Government, to provide for mandatory services and related expenses; on the other hand, they have a limited degree of administrative autonomy, being also in charge of facultative services and related expenses and taxes. As "delegated power", the Municipality may be supported from the central State in expenses and funding.
All municipalities, except the city of Rome, are administered by a Podestà, assisted by a Municipal Consultative Council. With the establishment of the Podestà the Municipality, while retaining the administrative capacity and autonomy, and maintaining its legal personality, lives and works in harmony with the general interests of the nation and with the directives of the Government. The concept of Podestà respects the municipal autonomy: the Municipality - lower intermediate body - in this way can not claim a willingness different from the higher body, which is the Nation.
Province
The province is a territorial local authority whose territory includes more Municipalities. The Province is characterized by a partial diarchy between the Provincial Dean (in turn often an emanation of the Party's Federal Secretary) and the Prefect.
Provincial Statute
Provinces adopt their own statute, which is the instrument of local autonomy. The statute, within the principles established by law and government regulations, establishes the fundamental rules of the organization of the Province and, in particular, specifies the powers of its organs bodies and the ways of exercising the legal representation of the Province, also in court. The Statute also establish the general criteria regarding organization of the Province, decentralization, the coat of arms and the banner and the further provisions of the law.
The Statute is proclaimed by the Dean after a binding vote by the Rectorate. After being checked by the Prefect, the Statutes are published in the Official Gazette of the Kingdom of Italy, posted on the praetory register of the Province for thirty consecutive days and sent to the Ministry of the Interior to be included in the official collection of the statutes. Statutes come into force after thirty days from their posting in the praetory register of the Province.
The Local Authorities Statutes Office of the Ministry of the Interior, established for the collection and conservation of municipal statutes, also takes appropriate forms of publicity of the statutes.
Provincial Regulations
In compliance with the law and the Statute, the Province adopts regulations in the matters for which it is responsible and in particular for the organisation and functioning of the institutions and participation bodies, for the functioning of the bodies and offices and for the performance of the functions. Provincial Regulations are subject to the review of legality and merit by the Provincial Administrative Board.
Rectorate
The Rectorate (It: Rettorato) is the active administration provincial collegial body, composed of the Provincial Dean (It: Decano Provinciale) and of Rectors: administratively, it identifies itself with the Province. The Dean and the Rectors are appointed by Decree of the of the Duce on the proposal of the Minister of the Interior for the duration of 5 years. The Rectorate is composed of 10 members in the provinces with more than 600,000 inhabitants; 8 in those with more than 300,000 inhabitants; 4 in the other ones.
The Rectorate deals with all the administrative interests of the territory which does not fall within the specific competence of other bodies. Moreover, the Rectorate has to give his opinion on matters which it is required by the Prefect for, as well as on the affairs for which it is required by law.
Resolutions must be adopted by an absolute majority of votes, equal number of votes the vote of the President, for their validity at least half of the rectors must be present, and, finally, the resolutions must be published in the praetorian register.
The Rectorate for serious reasons of public order or administrative order may be suspended or terminated by the Decree of the Prefect of the Duce on the proposal of the Minister of the Interior. In this case, the administration of the province was entrusted to a Special Commissioner of the Rector and the recovery must take place within two years.
The Prefect can participate in Rectorate sessions, which are not public, or be represented.
The office of Rector is free. Rectors, before being put into operation, must, as the Dean and Vice Dean, take an oath before the Prefect. After five years Rectors can be confirmed: they decay, however, from their office, if without good reason they do not intervene into three consecutive sessions. The decay is declared with the Decree of the Duce on the proposal of the Minister of the Interior, after contesting the grounds with the concerned Rector.
Prefect
In each Province, the local Prefect is the official responsible for the implementation of legislation, constitutional and government decisions; he is also the government political agent, and is in charge of a Prefecture: Prefects take all the initiatives that they return to the glory of the Regime and hence increase its power and prestige in the social order as much as in the intellectual field. The problems that beset the population at a given time must be dealt with by the Prefects. As political agents and representatives of the national political chief, the Prefect and the Prefecture are passive administration bodies against local authorities, i.e. they merely control and authorize active measures in fields reseved by the law to the local authorities. The Prefect hierarchically depends on the Minister of the Interior, but both the Chief of Government and the Duce of Italy may issue appropriate directives to the Prefects.
There are 103 provincial Prefects, one for each province, appointed and revoked by the Duce of Italy on the recommendation of the Interior Minister. Prefects are legally required to be political supporters of Fascism and have power over public offices within their Province, including the provincial police forces. They also have a certain role in local government, though Podestà and councillors are elected to these roles in local elections.
Appointment
The Prefect is officially appointed to his role by the Duce of Italy. The Ministry of the Interior first presents their candidates for evaluation to the Duce, who then appoints and revoles the Prefect after a final period of evaluation. There are no set term limits for Prefects assigned to territorial duties, though they can be removed from their position at the will of the Interior Minister. Prefects can also be moved from province to province, meaning that it is not unusual for Prefects to be appointed to a Province in which they have no prior experience or personal connection.
General functions
In the provinces, Prefects are mainly tasked with the implementation of government legislation and decisions, meaning that they are senior members of the Civil Service. During ceremonies or formal national holiday celebrations, the Prefect of a province serves as the most senior state official during provincial events unless a national state official is in attendance. The Prefect presides over the celebrations and formally accepts any awards presented during a ceremony.
Prefects are also tasked with the implementation of any demands of government ministries. In the event that legislation cannot be directly or practically implemented, the Governor is responsible for bringing about the conditions in which new legislation is compatible with their province.
Public Security and public safety duties
As Authority Provincial of Public Security, the Prefect is responsible for public order and security in the province, and directs the implementation of directives adopted in the field, ensuring unity of direction and coordination of tasks and activities of the officers and agents of public security. Finally, he manages the police force and other forces may be placed at its disposal; the Quaestor hierarchically depends on the Prefect.
The Prefect also has responsibilities in the field of civil protection. He prepares the plan to deal with the emergency on the whole territory of the province, and ensures the implementation, assuming the unified management of the emergency services to be activated at the provincial level, directing the activities of the Podestà of the municipalities concerned, and takes all necessary measures to ensure first aid.
The prefect has the power to adopt urgent measures in order to prevent and eliminate serious threats to public safety, public security or public order. Although the vast majority of the activities related to public security are carried out by the provincial Questura, the Prefect still retains some specific tasks, which are operationally carried out by the Sixth Division.
Local authorities surveillance
Along with his ordinary surveillance functions carried out by the Provincial Administrative Board, the Prefect under serious circumstance can intervene against Municipalities and Provinces. The Prefect has the right to inspect the proceedings of local administrations as well as conduct any reorganisations that may be deemed necessary. Any legislative changes to local government are also implemented by the Prefect.
With regard to the powers of control of the local authorities, the Prefect may suspend from office Provincial Deans, Rectors, Podestà and Councillors, when they do acts contrary to the Constitution or for serious and persistent violations of law or reasons of public order, waiting for the Minister of the Interior has their removal. He may initiate the procedure for the dissolution of the municipal or provincial council and sending a commissioner and suspend the Board.
The Prefect may require for inspections to ascertain the proper functioning of the services exercised in any capacity by the Podestà and the Dean. If the Podestà or those who perform the functions do not perform his duties, the Prefect may exercise substitutive power or appoint a commissioner for the fulfillment of the functions and duties. The functions of the Special Commissioner are carried out by officials of the prefectorial career.
The grounds of public order or political reasons manifest when the local authority encroaches on its powers and changes the care of the interests of local territory into political demonstrations, thus impeding or prejudicing the State action.
The reasons of administrative nature occur when the local authority infringes, repeatedly and systematically, the obligations imposed by law, in order to become a government body that does not work or which works illegally.
Provincial administrative board
The Provincial Administrative Board (It: Giunta Provinciale Amministrativa, GPA) is a collegial body of the state. It has some very important functions, which include:
- Review of legality and merit (the so-called "protection") on the acts of the province, municipalities, municipality associations and institutions of public welfare and charities;
- Functions of the administrative judge for complaints against administrative decisions of these bodies.
The Board consists of:
- The Prefect, who presides;
- Two officials ranking Prefecture Councillor or Sectional Director (Prefectorial), designated by the Prefect at the beginning of each year;
- The Intendant of Finance;
- The Chief Accountant of the Prefecture
- The Provincial Inspector
- Four full members and two reserve members appointed by the Federal Secretary of the National Fascist Party; of these, usually two are members known to have knowledge of the Province's general condition.
Judicial functions
Decisions of the Provincial Administrative Board possess a judicial nature. It has the power to decide on complaints that are not of jurisdiction of the ordinary court and do not belong to the jurisdiction or powers of contentious special bodies or colleges.
In addition, the Board has exclusive jurisdiction over certain disputes, expressly and exhaustively listed in matters concerning individual rights and legitimate interests. Among these responsibilities, those, the most important subject is the relationship of the public sector, with limited jurisdiction generally to errors of law, extended the merits in cases of dismissal, removal and suspension from the role of seniority.
Administrative functions
The function of the supervision exercised by the provincial government administration is to control the acts of the institutions subject to supervision, a control form which consists of a penetrating examination of the act under investigation, both in terms of the legitimacy and of merit.
The Provincial Administrative Board is the surveillance and monitoring body for the administrative acts of municipalities, provinces and municipal and provincial associations, and acts subject to control are the resolutions of the governing bodies of local authorities.
The control of the Provincial Administration is special: i.e., it concerns only the resolutions expressly provided by law. In particular, resolutions subject to Board control are those concerning:
- Building, hygiene, local police, use of municipal assets regulations;
- Organic Regulations containing establishment of offices and services (as well as the legal and economic status of the personnel);
- Land use plans;
- Direct taking of public services and the opening of community pharmacies;
- Changes in the classification of roads and projects for the reconstruction and the opening of the same ,
- Application of taxes and the related regulations;
- Budget and appropriations from one category to another when the appropriation refers to optional expenses;
- Mandatory expenditure budget for over five years.
Conference of Administrations
The Prefect is in charge of ensuring the unity of action of all State administration (with the exception of Justice and Defence) of the relevant Province and to actively coordinate the State service in order to apply the policy decided at the national level. In order to ensure the unity of action in the various public services, the Prefect monthly summons the Conference of Administrations.
The Conference of Administrations aims at facilitating public administration coordination in policy implementation, as directed by the Prefect; on the other hand, the Conference of Administrations also aims to facilitate the acquisition by the Public Administration of acts of any kind, by convening special collegial meetings, also aimed at the issuance of an administrative measure. Determinations of the Conference of Administrations serve as a basis for the Prefect's decision and are intended to speed up the conclusion of an administrative proceeding.
The Conference of Administrations includes several public officials to impose the relevant directives:
- Intendent of Finance;
- Provincial director of education;
- Treasurers of vacant benefits;
- Head of Civil Engineers;
- Head of the Provincial Labour Inspectorate;
- Production Chamber's Board.
The Prefect may also summon the Prosecutor (for administrative matters) and all other public offices heads who he deems necessary to summon, collegially or individually. The significance of the Prefect's duties in this field lies in the diversity and sheer numbers of offices, bodies and administrations, sometimes with similar duties.
Prefecture
The Prefecture is a peripheral organ of the Ministry of the Interior, but performs general functions through five Divisions and some other offices and bodies. Each prefecture is assigned Vice-Prefects and Additional Vice-Prefects, in charge of the organizational units (Cabinet Office, Divisions, etc.), as well as several officials of lower rank. The Vice-Prefect Vicar is assigned the vicar functions to the Prefect: he ensures the coordinated operation of the administrative offices of the State and guarantees the sincere cooperation of local authorities. The Prefect may order the adoption of measures to prevent serious harm to the citizens. In addition, if they are not taken within the time specified, the Prefect, with the approval of the Minister responsible for the matter, can provide directly, having notified the Chief of Government.
Cabinet and Divisions
The bulk of the Prefecture consists of the seven hearth offices: the Cabinet and the Divisions (1st to 6th). They deal with the vast majority of the affairs the Prefecture has to deal with and provide support to the other main offices, such as the Council of Prefecture or the Provincial Administrative Board.
The Cabinet of the Prefect is the Prefect's staff, coordinated by a Chief of Cabinet; it is in direct collaboration with the Prefect and assists him in the exercise of his own functions, too detailed and complex to be carried out without high level assistance. The Cabinet is responsible for handling confidential affairs, secretarial issues, economic affairs, labour disputes and control of local authorities. The Chief of Cabinet is generally a Vice-Prefect; sometimes is a Vice-Prefect Inspector or, in very small Prefectures, an Additional Vice-Prefect Inspector.
The first division, as well as dealing with affairs not allocated to other divisions, is responsible for administrative matters (such as acts of citizenship and personal), order services (related, usually, to the Archive, the library and to the Copy Office), consumption tax of the municipalities and religious affairs (exequatur for the bishops, placet for appointments and transfers of priests etc.) and support to the Council of Prefecture.
The second division has jurisdiction in matters of local government (protection and supervision) and control of the affairs of charities and assistance institutions. These duties involve the responsibility of overseeing the work of the local Party leaders and local administrators, who are often the emanation of the early ones. Therefore, the Second Division is entrusted to officials often more determined and less prone to having fear of political backlash. On the other hand, the Party constantly exercises its influence in order to influence the appointment of the Chief of the Second Division or, at least, of the officials assigned.
The third division is responsible for hygiene and health, while the fourth division collects and deals with all matters relating to public works, the roads, the railways, the post office, the telegraphs and telephones and land reclamation. In these areas, the prefecture is flanked, from the technical point of view, by the offices of Civil Engineering Corps. Money flows that are affected by the fourth division make this Division the second most important one, after the second division.
The fifth division is dedicated to manage organically peripheral services in the field of both health care and social assistance; finally, the 6th Division deals with public security affairs which are not carried out by the Questura. This Division is subdivided into ten offices: private investigators; private security guards (licenses and authorizations) and MVSN Legionnaires (licenses and authorizations); firearms licenses (other than those issued by the police) and appeals against police decisions; other authorizations and ship traffic management; fires and explosives; bouncers (authorizations); elevator operators (authorizations); counsel support.
Management bodies
Below the Provincial level, the State administration has two intermediate bodies, which act as mere organizational tools: the Administrative District and the Sub-district.
The Administrative District (It: Circondario Amministrativo) is an intermediate body between the Province and Sub-district. The district capital city is home to Subprefecture, to the Praetor Court, to Land Registry and financial offices. The District is in turn divided into Subdistricts.
The Subdistrict (It: Mandamento) is an administrative boundary, intermediate body between the District and the Municipality. It is home of the Praetor (It: Pretore), which is a multi-purpose official whose duties range from limited value civil litigations, to labour litigations and some minor administrative trials, all of them only in first instance.
Subprefecture
The Subprefecture (It: Sottoprefettura) is the decentralization management body of the Prefectures. They are located in every Administrative District capital, with the exception of provincial capitals, where their specific tasks are carried out directly by the Prefectures; as decentralised bodies of Prefectures, also Subprefectures are subordinate to the Ministry of the Interior. The Subprefectures are located in major towns far from the provincial capital.
The Subprefecture is the district executor of the Prefect's orders, and its main task is to monitor the political, economic and social environment and transmit information to the Prefect. The Subprefecture has the delegated task of supervision and protection of the local authorities of the district outside of the acts of the GPA. The Subprefecture presides in the district, all procedures relating to conscription and directs, where necessary, the intervention of the armed forces for the service of public security, upon order or authorization of the Prefect. Finally, it supports the Prefecture in the surveillance of public institutions and charities and carries out the functions that may be delegated by the prefect, except those which require the intervention of the Provincial Administrative Board.
The Subprefecture also takes care of the preparatory phase of acts that would then be submitted to the decision of the prefect or of the Provincial Administrative Board.
From an organizational point of view, the subprefectures are poorly articulated and are composed of the Subprefect and some secretarial employees belonging to the roles of the Ministry of the Interior.
The Subprefect is chosen from among the Prefecture Councillors or Sectional Directors (Prefectural) and is appointed by Government decree on the proposal of the Ministry of Interior. In addition to the normal fees, the Subprefect is entitled to free accommodation and a modest representation allowance. In addition, he can not be prosecuted for acts performed in the exercise of his functions except by authorization of the Duce.
The Subprefect is also, in the district, a political and public security authorities, supervising Detached Commissiarats of Public Security.
Provinces of Corsica
Corsica is subdivided into two Provinces: Ajaccio in the South (the regional capital) and Bastia in the North. There are also five Administrative Districts (Italian: Circondario Amministrativo; Corsican: Distrittu Amministrativu) which group a total of 18 Subdistricts (Italian: Mandamento; Corsican: Mandamento). Subdistricts strictly coincide with the traditional Regions (Righjuni) of Corsica and group a total of 360 Municipalities (124 in the Province of Ajaccio and 236 in the Province of Bastia). These Municipalities are often of less than 100 inhabitants each. Therefore, several functions and tasks ordinarily entrusted to the Municipality (Italian: Comune; Corsican: Cumune) are administratively delegated by law (but not transferred) to the relevant Subdistrict. Only major Municipalities exercise their functions on their own.
Administrative Regions
Italy is divided into 21 administrative regions (Italian: Regioni Amministrative). Administrative Regions are each further subdivided into Provinces, ranging in number from 2 to 8 per region for the metropolitan regions.
Administrative Regions lack separate legislative authority and therefore cannot write their own statutory law. On one hand, Administrative Regions serve as boundaries for the planning of public policies (including economic policies); on the other hand, as administrative bodies, Regions levy their own taxes and, in return, receive a decreasing part of their budget from the central government, which gives them a portion of the taxes it levies. They also have considerable budgets managed by a Regional Corporative Council (Consiglio Corporativo Regionale), which is made up of representatives of several economic bodies appointed into office by central authorities.
A region's primary responsibility is to provide a general coordination role in local (i.e. provincial and municipal) administration application; most of State administrations have their highest territorial echelons at the Regional level and these are coordinated by the Government Commissioners under guidelines issued by the Government.
Functions
By law, and due to the heavy corporatist characterization of their institutions, Administrative Regions have a range of functions in economic areas, which are carried out by regional institutions and not by the regional subdivisions of the State administrations or of the National Fascist Party.
In local economic development affairs, the Region has a leading role within the guidelines issued by the central government and with all due respect for areas of responsibility strictly of the Economy Ministry; the Region can also provide direct and indirect aid. In professional training and learning, the Administrative Region also has a leading role in the definition of regional policy within the guidelines set by the central government and its implementation concerning recruitment and subsidized contracts favouring professional insertion. With regard to infrastructural development, the Administrative Region also deals with regional transportation, contributing to the information activities of nation-wide transportation networks (mainly railways).
In addition, regions have some discretionary power over infrastructural spending, public transit and assistance to business owners. This means that the heads of wealthy regions can be high-profile positions.
With regard to territorial planning, for the functions of competence the Administrative Region indicates the general objectives of economic, social and territorial planning and based on these objectives it allocates the resources allocated to the financing of the investment program of Municipalities and Provinces. Municipalities and Provinces contribute to the determination of the objectives contained in the plans and programs of the State and the regions and provide, as far as they are responsible, to their specification and implementation.
The Region is also in charge for providing buildings, furniture and repairs to high schools; in conjunction with relevant central Ministries it manages local heritage (also providing administrative support to local languages if they are officially procteted), libraries and museums and locally-focused tourism. It also handles regional parks and fulfills other tasks.
Government Commissioner
The Government Commissioners (Italian: Commissari del Governo) represent the State in the regional territory and heads state and regional administrations.
State functions
The Government Commissioner is, in Italy, the depositary of the authority of the State in an Administrative Region. He has authority over both the Regional Administration and the Provincial Prefects, except in matters of administrative control, public order and security, the entry and stay of foreigners and the right of asylum.
The Government Commissioner directs the decentralized regional services of the State, must relay the policy of the government on major projects, controls the legality and the respect of the budgetary rules of the acts of the region and its public establishments, chairs the Regional Administration Committee (Comitato Amministrativo Regionale, C.A.R.) which brings together the provincial prefects and the regional heads of the decentralized services of the Italian State. It is after consulting it that the Government Commissioner decides on the state’s strategic action plan in the region.
The Government Commissioner receives and enforces guidelines for both the administrative activities of the Administrative Regions and the divisions of the State Administrations at regional level to ensure the unity of direction and the adequacy of the administrative action. He directs the collection of useful information for the performance of the functions of state and regional bodies, forming the terminal for compliance with the obligation of information in relations with regional authorities. The Government Commissioner report regularly to the Chief of Government on its activities, with particular regard to the coordinated implementation of state and regional programs.
Through its information and proposals, it prepares economic and social development and regional planning policies. In order to ensure the implementation of these policies, the Government Commissioner has the power to fix (after consulting the C.A.R.) the "necessary guidelines" for the provincial prefects, who are obliged to comply with their decisions. The Government Commissioner is responsible for the animation and coordination of the action of the provincial prefects.
Regional functions
The Government Commissioner has functions similar but distinct from those of the Prefect. He represents the Region, directs the administration of the region and is responsible for, control, endorse and issue regional regulations. He has, therefore, at the regional level a role comparable to that of prime minister. The Government Commissioner is also the head of the local administration.
The Government Commissioner submits to the regional council the proposed regulations and other measures of the initiative of the council, convenes and chairs the Executive Commission, defining the agenda, assigns functions to the Commissioners ordered organically and settle conflicts of jurisdiction between the Commissioners. The Government Commissioner is entitled to enter into contracts for the region.
The Government Commissioner is regional health authority: in this capacity, can issue emergency ordinances against the law, with effect to the entire region or part of it including the most common, in the event of health emergencies and public health.
In the presence of a specific delegation of the Government, the Commissioner may exercise the functions of authority public security: in Sardinia and in Sicily the Government Commissioner is tasked with the overall police coordination.
Appointment
The Government Commissioner is appointed among Prefects First Class, administrative judges, State lawyers and State officials ranking at least Director General, by decree of the Duce, proposed by the Chief of Government, in consultation with the Minister of the Interior. When the appointed Government Commissioner is not yet a Prefect, he fills one slot of the quota of non-career Prefects. As of 2019, all Government Commissioners have been drawn from the Prefectorial carrer and, according to established but informal practice, the office is given the same prefect of the regional capital.
Secretariat General for Regional Affairs
The Government Commissioner also has a Secretary General for Regional Affairs (Segretario Generale per gli Affari Regionali, S.G.A.R.) who, with his services, exercises the missions assigned to the Government Commissioner with regard to the regional scope. This service is made up of staff from not only the Ministry of the Interior but also from other ministries.
Regional Executive Commission
The Regional Executive Commission (Italian: Commissione Esecutiva Regionale) is the body of the Administrative Region tasked with support of the Government Commissioner in governing the Region. The Commission is in the employ of the Government Commissioner and comprises the Executive Commissioners. The Commission also deals with all the administrative interests of the territory which does not fall within the specific competence of other bodies. Moreover, the Commission as a body has to give his opinion on matters which it is required by the Government Commissioner for, as well as on the affairs for which it is required by law. Commissioners are appointed and dismissed by the Minister of Interior, in consultation with the Government Commissioner.
According to an established practice, regional heads of state administrations often serve as Regional Executive Commissioners.
Regional Corporative Council
The Regional Corporative Council (Italian: Consiglio Corporativo Regionale) is the deliberative and representative body of each Administrative Region. The Council is an organ of the Region that has legal personality, autonomous regulations, its own budget and its own staff, separate from those of the Regional Executive Commission. The functions of the Regional Corporative Council are mainly regulatory functions: the Council carries out the functions and regulations regarding the matters of regional competence. The Council has the power to submit to Parliament draft laws for matters for which no competence, but which are relevant for the region. The Regional Councils are composed of a minimum of 20 to a maximum of 80 Councillors, as determined by individual decrees setting up, which in turn are based on population (1992 Regional Corporative Councils Act). The maximum number of Councillors is:
- up to 20 for the regions with a population of up to one million inhabitants;
- up to 30 for the regions with a population of up to two million people;
- up to 40 regions with a population of up to four million people;
- up to 50 regions with a population of up to six million inhabitants;
- up to 70 regions with a population of up to eight million inhabitants;
- up to 80 regions with a population of over eight million people.
Councillors are nominated by regional corporations according to quotas set up by the Ministry of Corporations and appointed by the Minister of Interior. The Regional Corporate Council includes four colleges:
- 35% of representatives of businesses and non-salaried professional activities in the region;
- 35% of representatives of union organizations;
- 25% of representatives of organizations and associations that participate in the collective life of the region;
- 5% of personalities who, because of their activities or their quality, contribute to the development of the region.
The Regional Corporative Council must be consulted for an opinion by the Government Commissioner on the reports concerning the preparation and execution of the State region project contract, on the various regional budget acts as well as on the medium and long-term plans relating to the powers of the region. The CESER has only an advisory role with the public authorities, its opinions are in no way binding for the regional councils.
Single-province Regions
As of 2018, in Italy there are two single-province Regions: Tyrol (capital: Bolzano) and Umbria (capital: Perugia). The single-province regions carry out all the functions elsewhere attributed to the province, including both autarchic and peripheral state administrations. Furthermore, they carry out the functions of the Administrative Region.
In the government of these Regions, the figure of the Provincial Rector (and therefore of the Rectorate) is absent while the Provincial Prefect coincides with the Government Commissioner. The Rectorate is replaced by a special Deputation (three Deputies, appointed by the relevant Federal Secretary of the P.N.F.), which assists the Regional Executive Commission.
Governorate of Rome
The Governorate of Rome is a highly centralized organization, reporting directly to the Chief of Government. It allows to reconcile conflicts which hinder the development of the city.
The Governor is assisted by two Deputy Governors and supported by 10 Rectors. Has also 80 Councillors (It: Consultori). The Governor and Deputy Governors are officials of the State belong to the Administration of Interior: the Governor is a Prefect, 1st Class, while the Deputy Governors are Prefects, 2nd Class. In the figure of the Governor are centralized all powers of administration and representation of the Governorate as well as those of municipal companies which, however, he could exercise with the delegation system. However, despite being the Rome prefect, the Governor of Rome does not exercise security functions for the Urban Municipalities of Rome, but those are exclusively entrusted to the Quaestor, who reports directly to the Government.
Rectors assist the Governor in establishing the organization of the different services and arrange for the study of issues or the preparation of projects to be submitted to the decisions of the Governor. The Governor, the Deputy Governors and Rectors constitute the "Magistrate of Rome". The Governor is assisted by the Secretary General and is subjected to some of the controls exercised by the ministerial authorities.
Councillors are appointed by Decree of the Ministry of the Interior in consultation with the Ministry of Corporations, choosing from the triads proposed by the economic categories. The Rome Council (It: Consulta di Roma) has advisory functions, although it may require confirmation of an Order by the Minister of the Interior with an absolute majority vote. The opinion of the Council can be delivered on the following topics: budget, taxes and enforcement of the relevant regulations, zoning, direct recruitment of public services.
The Governor of Rome is always an expression of Roman nobility and bound to the Party. The Ministry of the Interior does not have effective authority and freedom of action towards this particular institutional figure, which exercises its authority with irresponsibility, independence of resolution, which sometimes becomes arbitrary in contempt of the laws and regulations in force.
Municipalities of Rome
The municipalities of Rome representing the administrative division of the Governorate of Rome territory. Each Municipality has its own President, chosen by direct election, a Municipal Executive Committee, composed of six commissioners, including one with functions of vice-president, specially appointed by the President; Finally, each Municipality has a Municipal Council, composed of representatives of local Corporations. The Municipalities enjoy autonomy of management, their own financial and accounting procedures and have extensive powers, including those on local economic development and on private construction of local interest.
Under the Statute of Rome, the territory is divided into 33 Urban Municipalities and 80 Rural Municipalities. The municipalities are further subdivided into 355 urban areas, including for statistical purposes and land planning and management.
Regions of Italy
As of 2015, there are 21 Administrative Regions:
- Piedmont, Aosta Valley and Savoy (Piemonte, Val d'Aosta e Savoia);
- Liguria (Liguria);
- Lombardy (Lombardia);
- Veneto (Veneto);
- March of Friuli, Venezia Giulia, and Istria (Marca del Friuli, Venezia Giulia e Istria);
- Istria and Dalmatia (Istria e Dalmazia);
- Tyrol (Tirolo);
- Emilia and Romagna (Emilia e Romagne);
- Marches (Marche);
- Umbria (Umbria);
- Tuscany (Tuscania);
- Ager Latialis (Ager Latialis);
- Governorate of Rome (Governatorato di Roma);
- Campania (Campania);
- Apulia (Puglie);
- Lucania (Lucania);
- Calabria (Calabria);
- Sicily and Malta (Sicilia e Malta);
- Sardinia (Sardegna);
- Corsica (Corsica).
Emblems
The provinces, municipalities and the Governorate of Rome which wish to adopt a coat of arms, must submit an application to the Duce. The granting of the Decree of the Duce is written in the Book of Arms of Italy, kept in the Central State Archive and recorded in the Office Honours and Heraldry. As regards the crowns, provinces, Municipalities awarded the title of City and the Municipalities shall be placed above the arms of the crown due to each. The chief of Lictor is a mandatory element in the coats of arms of local authorities. It is purple-red to golden Fasces surrounded by two branches of oak and laurel tied with a national colours ribbon. The chief of Lictor may also be granted to other entities and individuals, for eminent services rendered to the Country and the Duce.
The Gonfalon consists of a rectangular cloth cm. 100 x 200, in the colour of one or of all glazes of the coat of arms.
The cloth is suspended by means of a pivot to a movable rod covered with purple-red velvet, with tacks placed in a spiral, and ended at the tip by an arrow, which shows the coat of arms, and the name of the authority. The gonfalon is fringed and the coat of arms of the institution is depicted in the centre, with the name of the entity itself shown convex upward. The tie fringed consists of three-colour tapes.
The metal parts of the banner are: silver for the coats of arms of the Municipality, golden for coats of arms of the province and the municipality awarded the title of City. Similarly, embroidery, beads, registration and spiral tacks should be silver for the coats of arms of the town, golden coat of arms of the province and the municipality awarded the title of city.
Directorate General for the Civil Administration of the Interior
The Directorate General for the Civil Administration of the Interior (Direzione Generale per l'Amministrazione Civile dell'Interno) is the Ministry subdivision responsible for main and foremost tool for the territorial political control and for immigration management, since it provides both general and technical assistance to the local authorities; while major cities may organize their own specialized services, smaller centres must rely on the central Ministry for advanced services being carried out. The Director General is authorized to exercise the functions of the Minister in relation to local affairs, coordination, guidance and promotion of administrative initiatives. He is responsible for the coordinated exercise of powers. The Directorate is subdivided into twelve Divisions:
- Division I - General Affairs.
- Division II - Confidential affairs and coordination.
- Division III - Regional, Provincial and Municipal government: control and assessment of the behaviour of local authorities and issuing of related guidelines to Prefects;
- Office I - Regional Government;
- Office II - Provincial Prefectures;
- Office III - Provincial Government;
- Office IV - Municipal Government;
- Office V - Boundaries Office;
- Office VI - Local Authorities Statutes: tasked to collect and archive all local government authorities statutes and important acts;
- Office VII - Local Public Services: in coordination with the relevant Ministries and with the Directorate General for Coordination of matter pertaining regional affairs and local authorities;
- Office VIII - Services in dependence on natural disasters: deals with settling business with the object of "natural disasters" and carrying out practices deriving from natural disasters;
- Office IX - Inspections of local government;
- Office X - Foreign activities pertining local administration;
- Division IV - Studies and research;
- Office I - Territorial marginality: the Office takes care of the development and implementation of strategies and programs to ensure the effectiveness of policies aimed to support territorial marginality, with special regard to depressed mountainous areas and small islands, and ensures the management and monitoring of local development programs.
- Office II - Urban Affairs: the Office takes care of the development and implementation of strategies and programs to ensure the effectiveness of urban policy, and ensures the management and monitoring of local development programs.
- Office III - Naming: the Office takes care of the naming of new and old boundaries;
- Office IV - Border areas and problems;
- Office V - Modernisation studies;
- Central Study Commission on intimidation against local administrators.
- Division V - Fascist electoral services.
- Division VI - General documentation and statistics
- Central office of Statistics
- Division VII - Local Finance: purely economic and financial tasks, inspection duties;
- Office I - Municipal credit;
- Office II - Provincial credit;
- Office III - Municipalization of public services;
- Office IV - Studies on economic and financial issues related to services of local authorities;
- Central Commission for the municipal and provincial credit;
- Office of credit and provincial and municipal public services.
- Division VIII - Accounting Services.
- Division IX - Economic activity in the provinces and municipalities.
- Division X - Municipal and provincial secretaries and personnel of local authorities: The role of the Division is to control and verify the behavior of local authorities.
- Section I - Municipal and Provincial Secretaries: deals with management and assignment of these officials. It is further subdivided into three offices: Personnel files archive, three Secretaries Offices (in charge for assignments, each rank has its own office) and Serial Office;
- Section II - Employees of auxiliary authorities: it is in charge for personnel matters related to other peripheral authorities and bodies. It is further subdivided into three offices: Regulations and personnel dotations Office, Complaints Office and Pensions Office;
- Section III - Personnel of Provinces and Municipalities.
- Division XI - Immigration;
- Division XII - Management of Foreigners and Asylum.
Central Study Commission on intimidation against local administrators
The Central Study Commission on Intimidation against Local Administrators (Commissione Centrale di Studio sulle Intimidazioni contro gli Amministratori Locali) has the task of monitoring the intimidation phenomenon against local administrators, promoting studies and analyzes to formulate proposals to support local administrators victims of intimidating episodes, to promote training initiatives aimed at local administrators and promoting legality.
The Central Commission of Intimidation Study operates within the Directorate General of the Civil Administration of the Interior, Division IV - Studies and Research, and it is chaired by the delegate of the Minister of the Interior.
The Commission is composed of the Chief of Cabinet of the Minister of Interior (or delegate), the Director General for the Civil Administration of the Interior (or delegate), the Chief of Police (or delegate), the Director General for General Affairs and Civlian Personnel (or delegate), by the Director of the legislative affairs office (or delegate), by the Director General for Justice Affairs of the Ministry of Grace and Justice.
Division XI - Immigration
Division XI - Immigration is a Division whose task and area of interest, the management of the foreigners' entry in Italy, is quite different from the rest of the Directorate-General, and several proposals have been made to establish a new Directorate-General by splitting Division X and Division XI from the other nine Divisions.
The Immigration Division contributes the migration policies of the Government with proposals, studies and administrative handling. The Division carries out analysis and planning of migration policies and the monitoring of foreigners (especially through the peripheral organs of the Administration of Public Security) and provides analysis of the phenomenon - in collaboration with the competent bodies of the Ministry of Imperial Affairs, of the realms of the Italian Empire and of foreign States - and participates in the coordination of activities carried out in implementation of the legislation on immigration and asylum. The Division is subdivided into five Sections:
- Section I - Litigation: handles disputes regarding foreign entry procedures in the Italian territory;
- Section II - Planning and general representation: handles the short and medium term plans and keeps contacts with both domestic and foreign bodies;
- Section III - Immigration and asylum territorial policies;
- Section IV - Documentation, communication and statistics;
- Section V - Jewish emigration to Israel.
Division XII - Management of Foreigners and Asylum
Division XII - Management of Foreigners and Asylum is in charge of the reception/repatration system in all its facets, of examining applications for asylum and the refusal or granting asylum or other forms of international protection. Divisional tasks are quite different from the rest of the Directorate-General, and several proposals have been made to establish a new Directorate-General by splitting Division X and Division XI from the other nine Divisions. The Division is subdivided into four Sections:
- Section I - Refugee settlements;
- Section II - Deportation system;
- Section III - Applications of asylum and Provincial Commissions of Asylum;
- Section IV - Centres for Identification, Detention and Expulsion.
