Consiglio di Stato
The Consiglio di Stato ( Eng. "Council of State") is an auxiliary body of the government of the Republic of Italy anchored in the constitution (Art. 100) . The Italian Council of State has its seat in the Palazzo Spada in Rome .
Jurisdiction
The Council of State is an institution with no direct equivalent in Germany , Austria or Switzerland . On the one hand it is the highest administrative court and on the other hand it is the government's advisory body on legal issues. In the first function, the Council of State is comparable to the German Federal Administrative Court , in the second with the German Federal Ministry of Justice .
The Italian Council of State is the court of second and last instance for judgments of the regional administrative courts for which an appeal has been lodged. The advisory role on the correctness and legality of the actions of the government can be optional or mandatory, whereby the mandatory reports and their results can be binding or non-binding on the government.
organization
At the head of the Council of State is a President who, after hearing the self-governing body of the administrative judiciary , is appointed by the Italian President on the proposal of the Prime Minister .
The State Council consists of seven sections. Four sections have advisory functions, 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 council members ("Councils of State").
history
The Council of State was founded as the successor to various older advisory bodies ( Consiglio di Stato e dei memoriali, Consiglio delle finanze and others, in the broader sense also the Consilium nobiscum residens ) on August 18, 1831 by Charles Albert of Savoy in Turin . In the course of the unification of Italy under the House of Savoy , he came to Florence in 1865 and to Rome in 1871. The State Council originally only had three advisory sections. In 1889 a fourth section was added with administrative judicial tasks, which stood as a "second instance" above the provincial authorities responsible at the time, "first instance". In 1907 and 1948 two further sections with administrative judicial tasks were created. In 1971 the regional administrative courts were introduced, which since then have formed a real administrative jurisdiction with the State Council with two instances. In 1997 a seventh advisory section was created.
Sicily special case
In the Autonomous Region of Sicily there has been a body comparable to the Italian Council of State since 1948, called the “Administrative Council of Justice” ( Consiglio di Giustizia Amministrativa ). The area of responsibility extends to the region of Sicily and its organs, but not to branches of national authorities in the region.