Italian Council of State - Advise

Advise

The council has consultation 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 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 an 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.

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