Prefect (Romaia)

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The Prefect (Greek: Επάρχος) in Romaia, is a state's representative of the territorial government of departments, who is dependent on the Ministry of the Interior.

Attributions

The prefect depends hierarchically on the Minister of the Interior, but the President of the Government and the other ministers, in the exercise of the power of political-administrative direction, can issue specific directives to the prefects. The prefect heads a complex office which is called the prefecture (Greek: Επαρχία). Deputy prefects and assistant prefects are assigned to each of these offices, in charge of the organizational units into which they are divided (cabinet office, functional areas, etc.); moreover, the vicarious functions of the prefect are attributed to a vice prefect.

The prefecture - territorial office of the Government is a peripheral body of the Ministry of the Interior, but performs functions of general representation of the government on the territory. According to the art. 11 of Legislative Decree no. 300/2002 the prefecture, without prejudice to its functions (attributed over time by multiple laws), ensures the coordinated exercise of the administrative activity of the peripheral offices of the State and guarantees the loyal collaboration of these offices with the local authorities. In the exercise of these coordination functions, the prefect can ask the heads of the peripheral administrative structures of the State to adopt measures aimed at avoiding a serious prejudice to the quality of the services rendered to the citizens, also for the purposes of respecting the loyal collaboration with the territorial autonomy. Furthermore, if the necessary initiatives are not taken within the indicated period,

In exercising the aforesaid coordination functions, the prefect is assisted by a permanent provincial conference, presided over by him and made up of the heads of all the peripheral administrative structures of the State which carry out their activities in the province as well as representatives of local authorities. The titular prefect of the prefecture-territorial government office in the regional capital is also assisted by a permanent conference made up of representatives of the state's regional peripheral structures, to which representatives of the region may be invited.

As a departamental public safety authority, the prefect has general responsibility for public order and safety in the department, and supervises the implementation of the directives issued on the subject; ensures unity of direction and coordination of the tasks and activities of the public security officers and agents; it has the public force and any other forces placed at its disposal and coordinates its activities.

An important role is played by the prefect as regards relations between the state and local autonomies, of which he ensures the regular functioning: he can temporarily suspend from their office the mayors, the heads of the departments, the councilors, the aldermen and the hards of the district councils when they commit acts contrary to the Constitution or for serious and persistent violations of the law or for serious reasons of public order, pending that the Minister of the Interior orders their removal, if there are serious and urgent reasons need; he can initiate the procedure for the dissolution of the municipal or provincial counciland the sending of a commissioner and, pending the decree of dissolution, suspending the council itself; it can also arrange for inspections to ascertain the regular functioning of the services pertaining to the mayor as a government official and, if the mayor or whoever exercises his or her functions does not fulfill the relative duties, may appoint a commissioner to carry out the same functions. The functions of extraordinary commissioner, in local bodies (departments, municipalities, health agencies, etc.) whose governing bodies have been dissolved, are carried out by prefectural officials.

The prefect is also responsible of civil defence. The prefect prepares the plan to deal with the emergency throughout the province and takes care of its implementation, assumes the unitary direction of the emergency services to be activated at the departamental level, coordinating them with the interventions of the mayors of the municipalities concerned, and adopts all the necessary measures to ensure first aid.

The prefect has the power to adopt, with a reasoned deed and in compliance with the general principles of the legal system, contingent and urgent measures in order to prevent and eliminate serious dangers that threaten public safety and urban security, where the mayor fails to do so. Similar provisions can be adopted by the prefect, in the event of an emergency or serious public need, if indispensable for the protection of public order and public safety, as well as in the context of civil protection functions when, following the declaration of a state of emergency, he operates as delegate of the President of the Government or of the Minister for the coordination of civil protection.

Among other tasks, the prefect carries out mediation activities in labUor and guarantee disputes of essential public services and imposes administrative sanctions for various categories of decriminalized offenses (i.e. offenses that were criminal that the legislator, in order to streamline the activity of the courts, subject to administrative fines only) in matters of road traffic, bank cheques, telecommunications, etc.

In the exercise of his functions, the prefect adopts administrative measures, usually in the form of an ordinance or decree.

See also