Italian Council of State

The Consiglio di Stato (Eng. " State Council ") is a in the Constitution (Article 100) anchored subsidiary organ of the Government of the Republic of Italy. The Italian State has its headquarters in the Palazzo Spada in Rome.

Jurisdiction

The Council of State is an institution with no direct counterpart in Germany, Austria or Switzerland. He is the one supreme administrative court and an advisory body of the government in legal matters. In the first function of the State Council with the German Federal Administrative Court is comparable, in the second with the German Federal Ministry of Justice.

The Italian Council of State Court 's second and final instance for judgments of the Regional Administrative Courts for which an appeal has been filed. The advisory function of the correctness and legality of the actions of the government can be optional or mandatory, with the mandatory reports and their results for the government may be binding or non-binding.

Organization

At the head of the State Council is a president who is appointed by the President of Italy, after consulting the municipal organ of administrative justice to the proposal of the Prime Minister.

The State Council is composed of seven sections. Four sections have an advisory, three sections have judicial functions. Each section is headed by two presidents. The advisory sections consist of at least nine, the judicial sections of at least twelve members of the Council ( " Council of States ").

History

The State Council was the successor of various senior advisory bodies ( Consiglio di Stato e dei Memoriali, Consiglio delle Finanze and others in the wider sense of the Consilium nobiscum residens ) founded on 18 August 1831 by Charles Albert of Savoy in Turin. As part of the unification of Italy under the House of Savoy, he came to Florence in 1865 and 1871 to Rome. The Council of State had only three advisory sections originally. 1889 was added a fourth section with the administrative court tasks, which stood as a "second instance" on the then competent provincial authorities "first instance". 1907 and 1948 fell into two further sections with administrative court tasks. In 1971, the regional administrative courts were introduced, which now form the State Council issued a real administrative jurisdiction with two instances. In 1997, a seventh, an advisory section was created.

Special case of Sicily

In the Autonomous Region of Sicily has been around since 1948 the Italian State comparable body with the name " Verwaltungsjustizsrat " ( Consiglio di Giustizia Amministrativa ). The jurisdiction extends to the region of Sicily, and their institutions, but not to branches of national authorities in the region.