Avvocatura dello Stato – The Advocate
General for the protection of the rights
and interests of the state. Security
protection of the rights and interests
of the Italian State
More details
Hide details
1
Wyższa Szkoła Gospodarki Euroregionalnej
im. Alcide De Gasperi w Józefowie
Publication date: 2015-12-31
JoMS 2015;27(4):127-146
KEYWORDS
ABSTRACT
Avvocatura dello Stato – The Attorney General for the protection of rights and interests
of the state. Security of protection of the rights and interests of the Italian State
The legal and institutional system of protection of the legal rights and interests existed
on the Italian Peninsula before the Italian unification. The current system is based on
the Royal Decree no 1611 from the year 1933. This decree was repeatedly amended
and supplemented with the subsequent acts. The Advocate General is appointed by
Presidential Decree. The Office’s headquarter is located in Rome. There are 25 District
Avvocatures located in cities where the courts of appeal are seated. The Advocate General
is the central authority of the state, not having constitutional legitimacy. The state
lawyers, prosecutors and administrative staff are employed in this office. The main task
of the Advocate General is to protect the rights and interests of public administrations
and entities performing the tasks of the public sector. There are: local self-governments,
professional self-governments and other bodies. The state lawyers have a legal power
of attorney – ex lege – to represent these entities in civil proceedings in front of the
general and arbitration courts and other judicial authorities. In addition, the Advocate
General may provide legal advice for the public administration authorities and post
legal opinions for them.