Council of State (Italy)

Part of the Politics series
Politics of Italy
Constitution Constitutional laws Lateran Treaty
Head of state President (list) Sergio Mattarella
Executive Prime Minister (list) Giorgia Meloni Council of Ministers Current Cabinet Undersecretaries Ministries
Legislature Parliament (list) Senate of the Republic Chamber of Deputies
Judiciary Constitutional Court Supreme Court of Cassation Court of Assizes Code of Criminal Procedure
Constitutional institutions National Council for Economics and Labour Council of State Court of Audit High Council of the Judiciary High Council of Defence
Constituent entities Regions Aosta Valley Piedmont Lombardy Veneto Trentino-South Tyrol Friuli-Venezia Giulia Emilia-Romagna Liguria Tuscany Umbria Marche Molise Lazio Abruzzo Campania Apulia Basilicata Calabria Sicily Sardinia Provinces Municipalities
Elections, referendums Recent general elections 2006 2008 2013 2018 2022 Recent referendums 2005 (fertility law) 2006 (Constitution) 2009 (electoral law) 2011 (multiple issues) April 2016 (oil drilling) December 2016 (Constitution) 2020 (Constitution) 2022 (multiple issues) Constituencies
Foreign relations United Nations OSCE NATO Council of Europe European Union
Related topics Government (Technocratic) Taxation Gazzetta Ufficiale (government journal)
Politics portal
v t e

The Consiglio di Stato ('Council of State') is a legal-administrative consultative body that ensures the legality of public administration in Italy. The council has jurisdiction over acts of all administrative authorities, except when these authorities lack discretionary power, in which case the dispute is considered to be one of civil law.

The council derives its authority and powers from several articles in the Constitution of Italy.

Article 100:

The Council of State is a legal-administrative consultative body and ensures the legality of public administration.

Article 103:

The Council of State and the other organs of judicial administration have jurisdiction for safeguarding before the public administration legitimate rights and, in particular matters laid out by law, also subjective rights.

Article 111:

Appeals to Cassation against decisions of the Council of State and the Court of Accounts are permitted only for motives arising from judicial flaws.

The council has consultative authority in several different cases defined by statute.

1. Cases in which the consultation of the Council is compulsory (statute n°127 from May 15, 1997):
   1. drafts of regulations to be signed by a minister or by the President of the Republic;
   2. drafts of legislations or regulations unifying various previous texts;
   3. general models for certain types of contracts, agreements and conventions established by one or several ministers ;
   4. administrative decisions which are bound by the advice of the Council of State in the instances provided for by legislation previous to the statute n°127/1997;
   5. extraordinary petitions to the President of the Republic (petition in lieu of litigation sent by citizens to the President of the Republic as a fountain of justice, which are transmitted then to one of the administrative sections of the Council of State. The latter formulates a piece of advice: if the competent minister feels disinclined to follow it, he has to refer the case to the cabinet which is alone may vote to disregard the council's opinion).
2. Cases in which the Council may be consulted:
   1. bills and normative acts of the European Union;
   2. any question concerning the interpretation of statutes or good administration which a minister may wish to submit to the Council.

The council has 111 members: the President, 18 presidents of section and 92 councillors of State:

• Two consultative sections, of which one on proposed new rules or regulations;
• Four judicial sections;
• Special (ad hoc) consultative commission;
• A consultative general assembly, composed of all the members of the Council of State;
• A plenary assembly of the judicial sections (13 members).

• Official site
• International Association of Supreme Administrative Jurisdictions webpage

This article relating to the law of Europe or of a European country is a stub. You can help Wikipedia by expanding it.

• v
• t
• e