The Council of the Ministers.
The Council of the Ministers is a body, selected by all the Ministers (their participation in the meetings of the Council is obligatory) and chaired at the President's of I advise, it has regular fundamental government functions (legislative initiative, there included the predisposition of the budgets, the adoption of the legislative decrees, decrees it reads and government rules, the exercise of the control over the regional laws), and is indicated like the body that “determines the general politics of the Government and, with the purposes of the accomplishment of it, the general address of the administrative action”. The Council of Ministers “rules each question relative to the political address fixed by the fiduciary report with the Chambers.” The greatest part of numerous attributions of the Council of the Ministers can be divided into:
1. In theme of political address, the Council of the Ministers deliberates on declarations of political address and of programmatic engagement, it dawns them and it expresses the assent to the questions about trust puted by the President of I advise; it can give directives to the interdepartmental Committees at request of President of the Council;
2. In theme of normative activity, it decides the bills, adopts the decrees legislative and it reads the decrees, as well as the government rules;
3. In theme of international and community politics, it determines the lines of address and deliberation “the projects of the treaties and of the agreements international, in any case named, of political or military nature”;
4. In theme of agencies, companies, institutes and companies of national character, safe credit public bodies, it decides the appointment of the respective presidents, besides it confers the maximum managerial tasks;
5. In relation to the Regions, it can grasp the regional laws (art. 127.1 Const)., it exercises substitutive powers of which to the Article 120.2 of the Constitution, it decides it dissolution of the regional Councils or the removal of the Presidents of It junta (art. 126 Const).;
6. In relation to the religious confessions, it decides the concerned acts relations with the Catholic Church and with other religious confessions;
7. In relation to the relations with the auxiliary organs of the Government, it can deliberate that the Minister could not apply the opinion of the Council of State and it can the record asks after a decree to which the Court of Auditors has him denied;
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8. In relation to the guardianship of the beginnings of constitutionality and of legality, deliberation of raising or of resisting attribution conflicts between the powers of the state or between the state and Regions; extraordinary cancellation of the acts proceeds all ”administrative illegitimate”.[10]
The Council of the Ministers decides, at proposal of the President of the Council, the appointment of one or more vice-presidents of the Council and of the extraordinary Commissaries of the Government, while it must be felt by proxy of functions to the Ministers without wallet, appointment of the Undersecretaries and the attribution of special tasks to a Minister.
The discipline of the functioning of the Council of the Ministers has been left for the longest time only to the praxis. Only the Article 4.3 of the the Law 400/1988, has planned one special rule. Such a rule has been at last a mediated adopted child mediating.[11]
The President of the Council.
The Government constitutes a body that is elected by different bodies and provided with own detailed bills attributions, like the President of I advise, the single Ministers and the Council of the Ministers. If holder of all the general functions of the Government is the Council of the Ministers and if the Ministers are not only bodies of the Council but they constitute the vertex of the ministerial structures which are put before, President of the Council is indicated by the Article 95.1 of the Constitution like the body that “runs general politics of the Government and it is for it responsible” and that “maintains the unity of political and administrativeadress,promoting and coordinating the activity of the Ministers”.[12]
Even if it is pacific that a hierarchic report does not exist between President ofCouncil and single Ministers, the President is a primus inter pares, not less there aresome important juridical tools by means of which the President of the Council can concretely exert his political primacy over other members of the Government. The power is up to the President of demonstrating autonomously towards the outside general political addresses of the Government; the President of the Council “agrees with Ministers interested in the public declarations that they intend to return each whenever, exceeding the normal responsibility ministerial, be able to pawn general politics of the Government”. It is up to the President to approve and to authorize diffusion of the bulletin on the works of the Council of the Ministers, while the single Ministers might not even make their possible dissenting opinion. It is the competent body that assumes a series of binding definitions for the whole Government: for example, it exposes to the Chambers the program ofI govern, it puts the question about trust, assumes the decisions own of the Government inlegislative progresses, it countersigns the laws and the acts with law strength and maintains count with the President of the Republic, in relation to the acts to be promulgated or to emanate, establishes the constitutionality judgement and there it can intervene. [13]
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Thirdly,it has personally the power of fixation of the date of the meeting of the Council and of definition of the relative order of the day, even if on the base proposals of the Ministers, being able to submit to the decision of the bodyalso different arguments or even not referable to ordinary attributions of Council.
Analogously, he chairs and manages the Council of Cabinet, in case it keeps of constituting it with the composition that consider more opportune; it can institute Ministers' special Committees with preliminary functions, comparatively to objects to be submitted to the Council of the Ministers; it must be informed at the right time about the activity of these Committees and about those interdepartmental; it chairs the permanent Conferences for the relations between the state and system of the territorial autonomies; and it holds the powers that him derive from the presidency interdepartmental Committees and the vice-presidency of the supreme Council of defendant .
In fourth place it has the power of turning to the Ministers not only in the political directivesand administrative elections in accomplishment of the decisions of the Council of the Ministers, but also “it connected with those whose the own responsibility for direction of the general politics of I govern”, that of “hanging the acts adoption from the Ministers competing in order to political and administrative questions, subjecting them to the Council of the Ministers in the immediately following meeting”, those of deferring to the Council of the Ministers “the decision of questions on which contrasting evaluations have emerged betweenadministrations to different headline competing”, as well as that of agreeing with.It supplies up to the declarations of general political size. At the same time it can promote verifications on the functioning of the public offices and “in cases of particular size it can require to the competent Minister reports and administrative verifications”; so also all the ministerial rules must be informed of him, before their adoption, and interdepartmental.[14]
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The Law 801/1977 has entrusted to the President of the Council “the high direction,general political responsibility and the coordination of the informative politics and of certainty” give turning secret services, not only attributing the task to himto chair the interdepartmental Committee for the information and the certainty, but instituting to his direct dependences the executive Committee for the services of information and of certainty; in this sector he is the President of the Council that “gives to the directives and emanates each necessary disposition for the organization and the functioning of the activities”.[15]
The Ministers.
The Ministers are at the same bodies of the Council of the Ministers and bodies of vertex of the administrative apparatus in which the law divides on organically public administration, naming them Ministries. They are in definite number, the Law 317/2001 has increased the number of it to 14. The number of Ministers might be, still, also inferior to that Ministries foreseen it reads, since a Minister mediated the interims can be put before to the majority Ministries and the same President of the Council can have also the responsibility for oneor more Ministries.[16]
President of the Council of the Ministers, felt the Council of the Ministers, has measure to publish on the Official Newspaper, as well as their possible specific tasks attributed by single laws. For the completion of their functions the Ministers,they are preferred without the financing to administrative structures of the Presidency of the Council andthey have also offices of direct collaboration: it is up to them, together withPresident of the Council, the power of influencing on the organization of these structures.
The vice-president's office of the Council depends at present on the will of President of the Council, who can propose to the Council of the Ministers the appointment of one or more vice-presidents. It is about a relief office essentially politically, moment that does not derive any differentiation it, as for the functions, compared to other Ministers, it saves possibility of being called to replace President of the Council, in case of absence or temporary impediment (temporary post what otherwise is up to the oldest Minister of age).[17]
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