The Bank's administrative procedures end with the adoption, within the deadlines set in the relevant regulations, of specific administrative acts.
The acts relating to the performance of are adopted by the Governing Board; for acts that do not require its discretional evaluation, the Board can grant mandates for adoption to managers of the Bank.
The Supervisory Bulletin publishes general administrative acts and those relating to individual institutions (changes in registers and special lists, extraordinary measures, administrative sanctions).
The acts adopted in the exercise of controls over cash handlers are published in the website section Tasks > Euro issuance.
Disputes concerning administrative acts of the Bank of Italy are heard before an administrative judge under the functional jurisdiction of the Lazio Administrative Tribunal.
This section also contains cooperation agreements and protocols between the Bank and other entities and government departments for the performance of their respective functions.
Jurisdictional control of the acts and provisions adopted in the field of supervision
The Bank of Italy’s supervisory activity takes account of the various forms of administrative proceeding, in accordance in particular with the provisions of Laws 241/1990 and 262/2005, leading to the adoption of measures subject to assessment by the law enforcement authorities.
The bulk of the rulings in this field relate to appeals lodged against administrative sanctions imposed by the Bank of Italy with regard to those responsible for running, managing or supervising banks or financial intermediaries or their employees, or those who have infringed the supervisory rules. The proceeding is launched following the Bank of Italy’s formal notification of the alleged infringements. During the investigation the interested parties can present their own arguments and defences. The decision as to whether or not to impose any sanctions rests with the Bank of Italy’s Governing Board.
The remaining cases in the area of supervision are related to various proceedings adopted by the Bank of Italy in the course of exercising its supervisory functions, with regard to banks and other supervised intermediaries.
Disputes concerning measures adopted by the Bank of Italy in the exercise of its supervisory functions are devolved by law upon the jurisdiction of the administrative judge, with the exclusive final competence of the Regional Administrative Court of Lazio.
Jurisdictional control in human resource management
The legal and economic aspects of the Bank of Italy’s permanent employment relationships are the subject of collective bargaining negotiations with the Trade Unions operating within the Bank itself. The related trade union agreements are submitted to the Board of Directors; if approved, they are then transposed into the Personnel Regulations, which contain detailed rules on permanent employment relations with the Bank.
Permanent employment contracts at the Bank of Italy are not subject to so-called “Privatization” (Legislative Decree 29/1993 and subsequent amendments), and remain subject to public law pursuant to Article 3.1 of Legislative Decree 165/2001; the related disputes are accordingly devolved under law to the exclusive jurisdiction of the administrative judge (Article 63.4 of Legislative Decree 165/2001).
Agreements with other authorities
This section contains cooperation agreements and protocols between the Bank and other entities and government departments for the performance of their respective functions.
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