Giunta Comunale - Testo unico enti locali (TUEL - D.Lgs. 267/2000) - Parte 17

Municipal Council Definition and Powers: The Municipal Council is the collegial body of the municipality, composed of the councilors and the Mayor, and has residual powers (Article 54 of the TUEL) with respect to the functions of the City Council and the Mayor. Activities Collaboration with the Mayor and the City Council in the governance of the Municipality (e.g., implementation of general guidelines) Reports annually to the City Council, with proactive and encouraging actions Adoption of regulations for offices and services Opinions (Article 49 of the TUEL): When adopting resolutions by the municipal council and the city council, a technical opinion on compliance must be obtained (from the department head) as well as an opinion on accounting compliance (from the accounting head, if the resolution affects the entity's finances), with the exception of resolutions that are merely policy-related. --- Composition Municipal Councilors: They are appointed by the Mayor, who also selects a Deputy Mayor from among their number, and presented to the City Council in its first session (Article 46 of the TUEL) Number: no more than ¼ of the city councilors, and based on the number of inhabitants --- Population: Maximum number of councilors Up to 3,000 2 From 3,000 to 10,000 4 From 10,000 to 30,000 5 From 30,000 to 100,000 7 From 100,000 to 250,000 and provincial capitals 9 From 250,000 to 500,000 10 From 500,000 to 1,000,000 11 Over 1,000,000 12 Incompatibility Municipalities with over 15,000 inhabitants: councilors cannot also be city councilors Municipalities Up to 15,000 inhabitants: Councilors may also be municipal councilors. Councilors and municipal representatives: Relatives and in-laws within the third degree of the Mayor (both ascendants and descendants, or spouses) may not be elected. --- Gender equality: The presence of both sexes must be ensured in the municipal councils (Article 6, paragraph 3, TUEL). Municipalities with more than 3,000 inhabitants: Both sexes must be represented with at least 40% of the councilors. Municipalities with up to 3,000 inhabitants: The general principle of ensuring the presence of both sexes applies. Councilors: The functions of the councilors are defined by delegation by each Mayor, so as to be functional to the institution's activities. Appointment and dismissal: Appointment is made by the Mayor, with a reasoned communication (in the case of dismissal) to the Council. Termination: Termination occurs through resignation, dismissal, dissolution, or Revocation --- Deputy Mayor (former councilor "delegated" to replace the Mayor) References: art. 16, paragraph 2, Law No. 81 of 1993 Vicarious functions (art. 53, paragraphs 1 and 2, TUEL) Temporary substitute Mayor engaged in other functions Mayor required to abstain (temporary legal impediment) Mayor absent (e.g., vacation, illness, etc.) Mayor suspended from office (art. 59, TUEL) Continuous regency: non-temporary replacement of the Mayor Permanent impediment, removal, removal, death Characteristics: extraordinary and temporary (prorogatio until new elections) Exception: in the case of voluntary resignation, the Mayor is replaced by a special commissioner