Municipality of the Kingdom of Italy
The Municipality (Italian: Comune) is the lowest administrative body with inherent autonomy of the Kingdom of Italy. It provides many of the basic civil functions: registry of births and deaths, registry of deeds, and contracting for local roads and public works. The density of comuni varies widely by province and region: the province of Bari, for example, has 1,564,000 inhabitants in 48 municipalities, or over 32,000 inhabitants per municipality; whereas the Aosta Valley has 121,000 inhabitants in 74 municipalities, or 1,630 inhabitants per municipality. While provinces and regions are creations of the central government, the natural community is indeed the Comune, for many Italians their hometown.
Both Municipalities and Provinces have, as peripheral articulations of the Government, to provide for mandatory services and related expenses; on the other hand, they have a limited degree of administrative autonomy, being also in charge of facultative services and related expenses and taxes. As "delegated power", the Municipality may be supported from the central State in expenses and funding.
All municipalities, except the city of Rome, are administered by a Podestà, assisted by a Municipal Consultative Council. With the establishment of the Podestà the Municipality, while retaining the administrative capacity and autonomy, and maintaining its legal personality, lives and works in harmony with the general interests of the nation and with the directives of the Government. The concept of Podestà respects the municipal autonomy: the Municipality - lower intermediate body - in this way can not claim a willingness different from the higher body, which is the Nation.
Functions
Functions entrusted to Municipalities can be divided into two categories: municipal services and State services exercised on municipal basis. The administrative functions concerning the population and the municipal territory, mainly in the organic sectors of social and community services, of the use of the territory and of economic development belong to the municipality as part of municipal services.<nr>
The municipality also manages the State services of civil status, registry office, military leverage and statistics: the related functions are exercised by the mayor as an official of the Government. Moreover, additional administrative functions for services of state competence can be entrusted to the municipalities (even to some of them) by law, which also regulates the relative financial ratios ensuring the necessary resources.
The municipality, for the exercise of functions in appropriate territorial areas, may implement forms of cooperation with the Province or, for State services exercised on municipal basis, with the Prefecture. This is especially the case of small rural municipalities.
Municipal Statute
Municipalities adopt their own statute, which is the instrument of local autonomy. The statute, within the principles established by law and government regulations, establishes the fundamental rules of the organisation of the institution and, in particular, specifies the powers of the bodies, the ways of exercising the legal representation of the body, also in court. The Statute also establish the general criteria regarding organization of the institution, decentralization, the coat of arms and the banner and the further provisions of the law.
The Statute is proclaimed by the Podestà after a non-binding vote (but usually influential) by the Municipal Consultative Council. After being checked by the Prefect, the Statutes are published in the Official Gazette of the Kingdom of Italy, posted on the praetory register of the Municipality for thirty consecutive days and sent to the Ministry of the Interior to be included in the official collection of the statutes. Statutes come into force after thirty days from their posting in the praetory register of the Municipality.
The Local Authorities Statutes Office of the Ministry of the Interior, established for the collection and conservation of municipal statutes, also takes appropriate forms of publicity of the statutes.
Municipal Regulations
In compliance with the law and the Statute, the Municipality adopts regulations in the matters for which it is responsible and in particular for the organisation and functioning of the institutions and participation bodies, for the functioning of the bodies and offices and for the performance of the functions. Municipal Regulations are subject to the review of legality and merit by the Provincial Administrative Board.
Government of Municipality
The Municipality has its own administrative government, which consists of the Podestà and his administration junta, of the Municipal administration and of other bodies which may be present in larger Municipalities.
There are four dimensional classes:
- up to 5,000 inhabitants: Podestà;
- from 5,001 to 20,000 inhabitants: Podestà + 1 Vicepodestà;
- from 20,001 to 100,000 inhabitants: Podestà + 1 Vicepodestà + Municipal Consultative Council (mandatory; appointed by Prefect):
- more than 100,001 inhabitants: Podestà + 2 Vicepodestà + Municipal Consultative Council (mandatory).
Podestà
The executive functions of the Municipality are assigned to a single organ, the Podestà, appointed by Decree of the Duce on proposal of the Minister of Interior, for five years but revokable at any time. In Municipalities with more than 5,000 inhabitants the Podestà can be assisted by one or two Vicepodestà, according to which the population is up to or more than 100,000 inhabitants, appointed in the same manner.
The Podestà is the Chief of the Municipality and the manager of his administration. He leads and presides over his community, also exercising the role of Government official.
The Podestà represents the Municipality, convenes and presides over the Municipal Consultative Council and his or her collaborators, and supervises the functioning of the services and offices and the execution of the administrative provisions. The Podestà exercises the functions attributed to them by the law, by the municipal statute and by the regulations, and also supervises the performance of the state and regional functions assigned or delegated to the municipality. The Podestà also exercises the other functions assigned to him as local authority in the matters provided for by specific provisions of the law.
The Podestà coordinates and reorganises, within the criteria indicated by the region, the timetables of shops, public facilities and public services, as well as, in agreement with the territorially competent authorities of the administrations concerned, the opening hours to the public of public offices located in the Municipality, in order to harmonise the performance of services with the overall and general needs of inhabitants.
The Podestà provides for the appointment, designation and revocation of representatives of the municipality to institutions, companies and institutions. The Podestà appoints and dismisses the heads of the offices and services, assigns and defines the possible management positions and those of external collaboration according to the modalities and criteria established by the law and by the respective municipal statutes and regulations.
In particular, in case of health emergencies or public hygiene of an exclusively local nature, the contingencies and urgent orders are adopted by the Podestà, as representative of the local community. In the event of an emergency affecting the territory of several municipalities, each Podesta shall take the necessary measures until the Prefect intervenes. In other cases, the adoption of emergency measures lies with the State.
The Podestà, as official of the Government, oversees the keeping of civil status and population registers and the fulfillment of electoral, military leverage and statutory matters, the issue of the acts attributed to him by laws and regulations concerning the order. and of public security, to the performance, in matters of public security and judicial police, of the functions entrusted to him by the law and to the supervision of everything that could affect security and public order, informing the prefect. If the urgent adopted ordinance is addressed to specific persons and these do not comply with the order given, the Podestà may provide the office at the expense of the interested parties, without prejudice to the prosecution for the offenses in which they were incurred.
The Podestà, as official of the Government, adopts contingent and urgent measures in order to prevent and eliminate serious dangers that threaten the safety or security of citizens; for the execution of the relative orders it can ask the prefect, where necessary, the assistance of the public force.
Oath and insignia
The Podestà takes before the Prefect, in the settlement session, the oath of loyalty to the Duce and the Nation, and to loyally observe the Italian Constitution. The Podestà, as traditional distinctive insignia, wears the tricolour scarf with the coats of arms of the Kingdom of Italy, worn over the right shoulder, with the green stripe toward the neck.
Consultative Council
The Podestà is assisted by a Municipal Consultative Council (It: Consulta Municipale), consisting of at least 6 Councillors, appointed by the Prefect or, in major cities, by the Minister of the Interior, in an advisory capacity on certain matters specified by the law and on all other matters that the Podestà decides to submit them.
Consultative Councils are appointed by the Prefect - representative of the Ethical and Corporatist State - on the basis of indications from the provincial Corporations according their strenght; there must be as many workers as many undertakers. Each Corporation suggests three names for each post that can have. Candidates aof non-profit organizations and associations that pursue national culture, education, support and propaganda are added to Corporations.
The Municipal Council is mandatory in Municipalities with populations over 20,000 inhabitants, while in other Municipalities it is established when the Prefect deems possible establish such a body.
Municipal Districts
Municipal Districts (It: Circoscrizione Municipale) are complex organs of the municipality in which they were established. They may be set up in municipalities with population of more than 250,000 inhabitants, by decree of the Minister of Interior; tasks allotted to municipal districts vary from municipality to municipality according the establishing decree. In municipalities with a population exceeding 300,000 inhabitants, the Municipal Districts can be equipped with special and more pronounced forms of decentralization of functions and organizational and functional autonomy.
Organs of the Municipal Districts are the District President and the District Advisory Council. The President (almost always the chief of the local P.N.F. section) is appointed by the Podestà; The Council is elected by the citizens. The President may be assisted by the Executive Committee. The Podestà, with the approval of the Prefect, may delegate the exercise of certain functions to the President.
Ethnic minorities such as immigrant Libyan Arabs or Italian Jews are often allowed to be framed within a single Municipal District. The Municipal District drawn on boroughs populated by Jews is often referred to as "Ghetto" and its councils are referred to as "Jewish Council" (Italian: Consiglio Ebraico; Hebrew: קהל Kahal).
Classification of Municipalities
Italian municipalities are grouped within thirteen dimensional classes for administrative purposes:
| Class | Population | Government | Other |
|---|---|---|---|
| I | 1,000,001 or more | Podestà + 3 Vicepodestà + Municipal Consultative Council (60 Councillors appointed by the Minister of Interior) | 1 Employée every 80 inhabitants |
| II | 500,001 – 1,000,000 | Podestà + 2 Vicepodestà + Municipal Consultative Council (50 Councillors appointed by the Minister of Interior) | 1 Employée every 80 inhabitants |
| III | 250,001 – 500,000 | Podestà + 2 Vicepodestà + Municipal Consultative Council (46 Councillors appointed by the Minister of Interior) | 1 Employée every 90 inhabitants |
| IV | 100,001 – 250,000 | Podestà + 2 Vicepodestà + Municipal Consultative Council (40 Councillors appointed by the Minister of Interior) | 1 Employée every 100 inhabitants |
| V | 60,001 – 100,000 | Podestà + 1 Vicepodestà + Municipal Consultative Council (30 Councillors appointed by the Prefect) | 1 Employée every 125 inhabitants |
| VI | 20,001 – 60,000 | Podestà + 1 Vicepodestà + Municipal Consultative Council (16 Councillors appointed by the Prefect) | 1 Employée every 140 inhabitants |
| VII | 10,001 – 20,000 | Podestà + 1 Vicepodestà | 1 Employée every 160 inhabitants |
| VIII | 5,001 – 10,000 | Podestà + 1 Vicepodestà | 1 Employée every 150 inhabitants |
| IX | 3,001 – 5,000 | Podestà | 1 Employée every 150 inhabitants |
| X | 2,001 – 3,000 | Podestà | 1 Employée every 140 inhabitants |
| XI | 1,001 – 2,000 | Podestà | 1 Employée every 125 inhabitants |
| XII | 501 – 1,000 | Podestà | 1 Employée every 100 inhabitants |
| XIII | 1 – 500 | Podestà | 1 Employée every 50 inhabitants |