The Council of Cabinet and the Committees between the Ministers.
In 1983 there has been tried the informal creation of the Council of Cabinet with workof some of the Presidents of the Council. His function was tohelpPresident of the Council in the preliminary phase of the questions to be submitted then todecisions of the Council of the Ministers.
In the Article 6 of the Law 400/1988, is provided thatthe Council of Cabinet has createdto help in the unwinding of functions of the President of a Council in direction of the general politics of I govern and of maintenance of the unity in the political and administrative address.[18]
The body have a stable composition, even if it is foreseen that other Ministers could be invited to take part from the single meetings “in reason of their competence”.
The President of the Council can “arrange, according to own decree, the institution of detailsof Ministers' committees, with the task of examining in preliminary way, it argues about municipality competence, of expressing opinion on directives of the activity of the Government and on problems of prominent importance to be submitted to the Council of the Ministers, in case availing itself also of experts not belonging to the public administration”. The internal rule of the Council of the Ministers has foreseen that it could to be part of the Committees of Ministers and also Undersecretaries “delegate or expressly authorized President of the Council of the Ministers”.[19]
The interdepartmental Committees are, instead, bodies created generally through special laws, that prominent they attribute government functions in specific but important sectors.
These bodies generally chaired by the President of the Council (but actually he is one I supply with vice-president's functions), they are composed by the competent Ministers for sector, which officials and experts add to themselves, in some cases, and unwind not only address activity, but also of normative type or of type you provide mentally.[20]
In the sixties has been seen a reduction of their number and the attribution to the Interdepartmental Committee for Economic Planning(Interdepartmental committee for the economic programming) the power of coordinating Residual committees, through special directives. The Law400/1988 has established that“Committees of the Ministers and those who interdepartmental instituted by law, have to at the right time to inform of the President of the Council of the Ministers the order of the day meetings. The President of the Council of the Ministers can submit single questions to Council of the Ministers, in order that it establishes the directives to which the Committees have to keep”.[21]
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In the nineties quite 12 Committees have been suppressed, they stopped to work as well as the Interdepartmental Committee for Economic Planning, the interdepartmental Committee for the credit and saving (CICR) and the executive Committee for the services of information and of certainty (CESIS). The most recent modifications of the functions of the Interdepartmental Committee for Economic Planningare that they emphasized its list of address and coordination in relation to the definition of budget, the approval of the anticipatory and programmatic relation, to the elaboration of the addresses fundamental to support at community level, to the coordination of the politics sectors and relative plans with the definite general addresses, to the evaluation of it achieved results.[22]
The special rules in the field of ministerial crimes.
The Article 96 of the Constitution in his original formulation, it was foreseeing that the President of Council of the Ministers and the Ministers could be put by them in state of accusation aside of the Parliament reunited on common meeting by the crimes committed in the execution of their functions; in this case they would have been judged by the Constitutional court in his supplemented composition.[23]
This constitutional disposition has been substituted by The Law 1/1989, adopted after a popular referendum had abrogated the relative legislative dispositions to the examining commission and that is to the bicameral parliamentary commission that it was instituting the declarations arrived at cargo of the Ministers. The constitutional bill, which has passed also a new text, is asserted than on the crimes committed by the President of the Council and by the Ministers (also any more in office), in the execution of their functions, it judges the simple ordinary, previous magistracy authorization from the Chamber to which they are investigated, or of the Senate if they are involved belonging to both Chambers or not members of parliament.[24]
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The same Chambers must authorize also the necessary limitative measures ofpersonal freedom, telephone interceptions, sequestration or violations of the secrecy of the correspondence, “unless they are picked in the act of committing a crime for which is obligatory the mandate or the order of capture”.
The ministerial crimes, and that is the crimes committed in the execution of the ministerial functions,they consist in common crimes (generally belonging to the category of the crimes against public administration) committed by assistances of the President of the Council or of a Minister, using their powers or, in any case, within the bounds of the ministerial functions. Beyond this border, the member of the Government that commits crimes, answers for it as each another citizen (it saves the application of the Art. 68 Const., in the hypothesis that is one parliamentarian).
The competence to ask for the authorization to proceed has been attributed to one special judicial college instituted close to the Court of the chief town of the district of Court of competent appeal for territory, which is also the task of unwinding the ordinary preliminary activity. The college is formed by three magistrates extracted to destiny between the magistrates of the Courts of the district, which have at least five years the qualification of magistrate of Court or superior, and each biennium is renewed. The parliamentary body can deny the authorization for the continuation of criminal, but alone progress to absolute majority, “in case it considers, with evaluation unquestionable, that the investigated one has behaved for the guardianship of an interest of the constitutionally prominent state or for the pursuit of a pre-eminent public interest in the exercise of the function of government”.[25]
Subsequently to the parliamentary authorization it is the Court of the chief district of the court of appeal that is called to judge, according to the ordinary rules; the same thing for the possible following judgement degrees. The only privilege rule, in phase of the judgement, it seems to be that one for which “towards the President ofCouncil of the Ministers and of the Ministers the temporary application cannot be arrangedof accessory punishments that involve the suspension of I was at their office”.
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The Undersecretaries.
These bodies, nevertheless without being part of the Government, meant in accordance with the Article 92.1 of the Constitution, they consider prominent functions of government and of administration, when the majority was gripped political collaborators respectively of the President of the Council of the Ministers and of It supplies within the bounds of their government responsibilities. The same name of Undersecretary refers to their report of collaborations with the Ministers, in past name Secretaries of state.
The Article10 of The Law 400/1988 sets the Undersecretaries as collaborators of one I supply or of the President of the Council, competing to execute “the tasks to them delegate according to ministerial decree published on the Official Newspaper”. The forecast that they could take part in the parliamentary works like represented of the Government, it is accompanied by the specification that this must happen “in accordance with the directives of the Minister”. The forecast, in the internal rule, of the Council of the Ministers, that be able to be part of Ministers' Committees, it is accompanied by the specification that must do this “to substitute or to help the respective Ministers”.[26]
It is arrived to their appointment, by means of a “decree of the President of the Republic, on proposal of the President of the Council of the Ministers, in concert with the Minister that Undersecretary is called to help, the Council of the Ministers felt”. The same one progress has been followed in the cases of revocation.
The Undersecretary assumes his functions only after the oath that it must lend in front of the President of the Council of the Ministers, with the same oath that give Ministers.
The vice-minister's headline can “be attributed to any more than ten undersecretaries”, where particularly wide conferred delegations are been: the delegation is also approved the Council of the Ministers at proposal of the President of the Council. These special Undersecretaries can be invited “to participate in the meetings of the Council of It supplies without vow right, to make a report on argument and pertaining questions to their delegate matter”.[27]
Detail is the position of the Undersecretary to the Presidency of the Council that isrenowned secretary of the Council of the Ministers: at the beginning of his first meetingCouncil of the Ministers expresses the necessary collective consent to the proposal of President of the Council; proceeds then to his appointment and to the oath, in way to allow him to consider immediately his functions.
Not alone it “treats of the verbalization and the conservation of the register of decisions”, but on him they depend the Office of secretariat of the Council of the Ministers and also those departments and offices of President of the Council “for which the Undersecretary has received delegation President of the Council of the Ministers”.[28]
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