Page:The New International Encyclopædia 1st ed. v. 11.djvu/57

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.
*
41
*

ITALY. 41 ITALY. Chamber of Deputies elects all of its officers, ami both Houses are the judges of the election and qualifications of their members. The King may dissolve the Cliamber of Deputies at any time, but he must order new elections and summon the now Chamber within four months. Dissolution of the Chamber has the effect of proroguing the Senate. The sessions of both Chambers begin and end at the same time, and must be public. A quorum is an absolute majority of the mem- bers ; every project of law must be referred to one of the bureaus of the Chamber in which it originated, and must receive the approval of both Chambers and the King before it becomes law. The administrative system, both central and local, is fashioned largely after that of France. Historical subdivisions have been replaced by ar- tificial areas, and local self-government is super- seded by a centralized administration. The power of the higher administrative oflicials to issue ordinances for the purpose of supplementing the statutes has been carried even further than in France, and in many cases has the effect of sus- pending or displacing the statutes. An organ of restraint upon the action of the Government in this respect is found in the Council of State and the several Courts of Accounts. The former is chiefly an advisory organ, but it also has power to prevent arbitrary action of the central Govern- ment in the removal of local officials; the Courts of Accounts exercise supervision over various activities of the administration, and their ap- proval is necessary to the validity of all decrees and orders which involve the expenditure of more than 2000 lire. The .seat of government of Italy is Rome. From 1865 to 1871 the capital was Florence, which had superseded Turin. For the purpose of local government Italy is divided into artificial circumscriptions called provinces, circondari, ?n«nrfameK/i, and communes. The chief executive officer in each province is the prefect, appointed by the King, and under the control of the Minister of the Interior. He is therefore the agent of the central Government, and in this as in other respects corresponds to his French prototypes He is charged with the publication and execution of the laws; takes mea.sures for the public safety; disposes of the armed forces; issues police ordinances; and super- vises and directs the subordinate officials of the province. To advise and assist him in the dis- charge of his duties a prefectural council over which he presides is provided. The deliberative as- sembly of the province is the Provincial Council, chosen for five years by an electorate which is somewhat restricted, but which has been extended. The size of the Council varies according to the population of the province. It meets at the capital of the province once a year; it elects its own oflicers; and all resident taxpayers are eligi- ble to its membership. Its sessions are opened by the prefect, who has the right to preside over them and to suspend them for a limited period. It has a wide power of local legislation relating to such matters as the creation of highways, es- tablishment of societies, public institutions, the care of provincial property, schools, poor relief, the budget, loans, besides a supervisory authority over the civil service. There is also in each province a provincial deputation elected by the Provincial Council and presided over by the prefect. It represents the Council during its recess, superintends the enforcement of its resolu- tions, prepares the budget, exercises a disci- plinary control over inferior officers, and per- forms a variety of local duties under the direction of the Council. The circondario plays an uniiliportant part in the local administration. Its chief officer is an under-prefect, who represents the central power. The mandamento is a judicial district for the pretor, and, !il<e the circondario, is of little con- sequence as an administrative area. The commune is the lowest administrative unit, and, like the province, has its own elected council. The chief executive officer in the com- imme is the syndic or mayor. By a recent la.v the syndics of all the communes, irrespective of their population, are chosen by the Communal Councils from their own membership. The func- tions of the syndic are twofold: he is the local municipal magistrate, and at the same time the agent of the central Government in the com- mune. As mayor he presides over the Council, executes its ordinances, is the custodian of com- munal property and institutions, and takes measures for the public health and safety. As agent of the central Government he publishes and executes the national laws and ordinances, and performs various duties which relate to matters of central concern. The Communal Coun- cil is chosen by the same electorate as that which selects the Provincial Council and for the same term. It meets ordinarily twice a year, and is presided over by the syndic. It is subject to central control, and maj- be dissolved by the King. Its duties include a large con- trol over the communal civil service, the care and management of communal ]iroi)erty and in- stitutions, and the administration of a large number of purely local matters. In each com- mune is also an organ known as the municipal junta, composed of the syndic and a number of assessors elected by the Communal Council. It corresponds to the deputation in the province, i.e. it conducts the affairs of the commune when the Council is not in session. The judicial system of Italy, like the adminis- trative system, is modeled largely on that of France. The lowest judicial functionaries are the consiffliatori, one of whom is appointed by the King for each commune. He serves for three years and without pay. His jurisdiction extends to civil actions in which only a small amount is involved. Above this officer is the pretor. whose territorial jurisdiction is the mandamento, a district comprising several communes. His com- petence in civil matters extends, among others, to all actions in which the amount involved does not exceed 1.500 lire, and he has an appellate ju- risdiction over the decisions of the consigliatore. In criminal matters his jurisdiction extends to all misdemeanors and crimes punishable by imprison- ment for a period not exceeding three months, or banishment not exceeding one year, or by fine not exceeding $200. Above tlie Court of the Pretor is the Civil and Correctional Tribunal, which is divided into chambers, one of which pits in e.ich of the most important cities of Italy. Its jurisdiction in civil matters extends to ap- peals from the decisions of the pretor and to those civil actions for "vhich neither the pretor nor the consigliatore is competent. Together with a number of men prominent in trade and commerce, it sits as a court for the adjudication of commercial disputes. It is also a criminal