Local government of the Kingdom of Italy
The local government of the Italian Social Republic is a centralized system of territorial administrative governance, structured on two main levels: Municipality and Province. Between these two Levels there are also two other intermediate levels (District and Mandment) which do not have administrative autonomy, as both Municipality and Province have, but are only operational sub-units of the Province; below the Municipality level, and only in major cities, there is also the Borough level, which exists in order to decentrate some Municipal functions. Administratively, the Republic is divided into 110 provinces, and each province is divided into communes. These are all 8209.
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 "prefectural" administrative activities outside public safety and security only when required by urgent circumstances.
Municipality
All municipalities (It: Comuni), 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 Podesta 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.
There are four dimensional classes:
- up to 5,000 inhabitants: Podestà
- from 5,001 to 20,000 inhabitants: Podestà + 1 Vicepodestà
- from 20,001 to 100,000 inhabitants: Podestà + 1 Vicepodestà + Municipal Consultative Council (mandatory; appointed by Prefect)
- more than 100,001 inhabitants: Podestà + 2 Vicepodestà + Municipal Consultative Council (mandatory)
Podestà
The executive functions of the Municipality are assigned to a single organ, the Podestà, appointed by Decree of the Duce on proposal of the Minister of Interior, for five years but revokable at any time.
In Municipalities with more than 5,000 inhabitants the Podestà can be assisted by one or two Vicepodestà, according to which the population is up to or more than 100,000 inhabitants, appointed in the same manner.
Consultative Council
The Podestà is assisted by a Municipal Consultative Council (It: Consulta Municipale), consisting of at least 6 Councillors, appointed by the Prefect or, in majir cities, by the Minister of the Interior, in an advisory capacity on certain matters specified by the law and on all other matters that the Podestà decides to submit them.
Consultative Councils are appointed by the Prefect - representative of the Ethical and Corporate State - on the basis of indications from the provincial Corporations according their strenght; there must be as many workers as many undertakers. Each Corporation suggests three names for each post that can have. Candidates aof non-profit organizations and associations that pursue national culture, education, support and propaganda are added to Corporations.
The Municipal Council is mandatory in Municipalities with populations over 20,000 inhabitants, while in other Municipalities it is established when the Prefect deems possible establish such a body.
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.
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 albo.
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
The Prefect hierarchically depends on the Minister of the Interior, but the Chief of Government and the Duce of the Republic may issue appropriate directives to the Prefects. At each Province, the local Prefect is the 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, i.e. they merely control and authorize active measures.
The Prefecture is a peripheral organ of the Ministry of the Interior, but performs general functions. Each prefecture is assigned Vice-Prefects and Additional Vice-Prefects, in charge of the organizational units (Cabinet Office, Divisions, etc.). The Vice-Prefect Vicar is assigned the vicar functions to the Prefect. It 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.
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 Questor 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.
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.
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 serious 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 also require inspections to ensure the smooth operation of services pertaining to the Mayor as government official and, if the Podestà fails to fulfill its duties, may appoint a commissioner for the performance of duties. The functions of the Special Commissioner are carried out by officials of the prefectural 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 itno political demonstrations, thus impeding or prejudicating 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 very important functions, which include:
- Review of the 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 (Prefectural), designated by the Prefect at the beginning of each year;
- The Intendant of Finance;
- The Chief Accountant of the Prefecture
- The Inspector Provincial
- Four members and two suppletive members appointed by the Federal Secretary of the National Fascist Party.
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.
Management bodies
Below the Provincial level, the State administration has two intermediate bodies, which act as mere organizational tools: the Administrative District and the Subdistrict.
The Administrative District (It: Circondario Amministrativo) is an intermediate body between the Province and Subdistrict. The district capital city is home to Subprefecture, to the 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 decentralized 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.
