Law 127 Of 27 September 2013 - On Castle Councils Law

Original Language Title: Legge 27 settembre 2013 n.127 - Legge sulle Giunte di Castello

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We the Captains Regent of the Most Serene Republic of San Marino

In view of article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law
Promulgate and publish the following ordinary law approved by the Great and General Council
its meeting on September 20, 2013:

LAW 27 September 2013 127



Art. 1

1. The territory of the Republic of San Marino is divided into nine named Castelli:
City San Marino, Borgo Maggiore, Serravalle, Acquaviva, Chiesanuova, Domagnano, Faetano,
Fiorentino, Montegiardino. The territorial extension of the Castelli is defined in the mapping of which
Annex A of this law.
2. The Castle is an institutional and territorial authority to which the law confers legal personality
with administrative functions, representation and proposal concerning the territory to which the institution refers
. 3
. This Act regulates the tasks and functions of the Captain and the Junta de Castello.
4. The Castle is the Captain and presides over the council. The Captain of the Castle and the Board
are elected in accordance with this law.

Art. 2 Purpose

1. This Act promotes the participation of citizens, also directly, to life
social and administrative of the Republic to enhance its contribution, both as individuals and as members
, efficient organization of the services entrusted to the Township Councils .
2. This Act regulates the legal status, competences and the election system of the Juntas
the Castle and the Castle of the Captains, harmonizing content, compatible with
peculiarities of the Republic of San Marino and its legal system, to principles established by the European Charter of Local Self
of the Congress of Local and Regional Authorities of the Council of Europe

Art. 3 Composition of the Board

1. The Captain of the Castle and the Board of Castle are located in the Casa del Castello.
2. The council is chaired by the Castello di Castello Captain. 3
. The latter comprises nine members in the Castelli with population greater than or equal to two thousand
inhabitants, and seven members at the Castles with less than two thousand inhabitants.

Art. 4
Oath and decay

1. In the fifteen days following the elections, unless justified delay, the Captains of Castle and
members of the elected Councils lend oath of allegiance to the Republic, in the prescribed forms, first
to the Captains Regent.
2. The elect who do not take an oath within sixty days from the notification of the election
lose their office. 3
. Decade, also, that the elected three times did not participate in the meetings of the Board
unless motivated justifications.

Art. 5
Resignation, disqualification, death

1. Juntas and the Castle of the Captains remain in office for five years and perform the duties assigned to them
until the installation of the new Captains and new Pattern.
2. In case of resignation, death or forfeiture of the elected council members, the Castle active
Captain, at the Office Secretariat Institutional procedures for replacement by the candidate who,
in the same list, follows immediately number of votes. 3
. The elected takes office after the oath in the form and manner provided for in Article 4
4. In case of resignation, death or forfeiture of the Castle Captain, it shall be
replacement by the candidate who obtains the highest number of votes among the members of the Board elected
in the same list. While waiting for the replacement procedures are completed by
Institutional Secretariat, the Executive Secretary shall temporarily take over the functions of
Castle Captain.
5. Replacement procedures referred to in paragraphs 2 and 4 must be completed within sixty days
from the event that caused the need of replacing it.
6. The Council takes note dell'avvenuta replacement within the period of fifteen days from the date of his swearing
7. The Castle Board is totally renewed by election if
is to lose half plus one of its members, and if the ranking of unelected
is exhausted.

Art. 6
Convocation and loss of
1. The sessions of the Board of Castello are public, subject to the existence of special

Confidentiality requirements for matters related to private parties which is not of public interest
. The agenda of the session indicates whether the same is public or not.
2. The quorum for meetings of the Board requires the presence of at least half plus one of its members
. 3
. The deliberations of the Board are adopted by majority vote of those present
4. In case of equality of votes, the vote of the Castle captain or, in his absence, the Secretary of the Board
5. The sessions are convened by the Captain of the Castle at least once a month and whenever necessary
or may be motivated request of at least 1/3 of its members. In the latter case the
agenda must be indicated in the meeting request.
6. The call is effected in the manner indicated in the regulation referred to in Article 36 and is carried
except extraordinary cases, with five days' notice and contains the agenda that
should be made public with poster to be posted in dedicated spaces in the house of
7. The Executive may not come together for the performance of their duties for a period exceeding
three months or does not fulfill the legal obligations may be declared lapsed by Regency
, upon verification of the State Secretariat in charge of Relations with Juntas
Castle, with the Office of Institutional Secretariat support.
8. The Regency provides for the convening of elections in the Castle for the renewal of such organisms

Art. 7

absolute immunity
1. The members of the Executive and the Castle Captain can not be prosecuted for opinions expressed and votes cast
within the Giunta di Castello.

Art. 8

Active Electorate
1. The election of the Captain of the Castle and of the Board members is done by direct vote
2. Voters are all citizens and residents of San Marino and older who are not in
some of the conditions of Article 2 of Law 31 January 1996 n. 6
as amended by Article 1 of Qualified Law May 11, 2007 # 1. They are allowed to vote for the election of each
Castle Captain and the members of each council the citizens of San Marino entered into
electoral lists of individual Castles formed under 6/1996 Act, as amended. 3
. The polling stations are established under 6/1996 Act, as amended.
4. The Board of Castello di Serravalle is elected by voters registered in sections of Serravalle and
Customs, which form a single constituency.
5. The voters residing in Falciano are aggregated to the polling station of Customs.
6. For the election of the Castle Captain and members of the Board the voting body of the individual
Castle is one college.

Art. 9 passive electorate

1. In addition to the general conditions for electors, it is a prerequisite for being elected
the electoral registration of the Castle where it has candidates.
2. contextual applications where the Captain of the Castle, and a member of the Board
are incompatible.

Art. Electoral rolls 10

1. The time of the meeting of the Castle Captain elections and the Board is fixed with
Regency Decree least ninety days before the same.
2. The lists of candidates headed by the candidate to the Castle Captain
must be presented at the Civil Status, Demographic Services and Electoral, which will issue a receipt, within hours
12.00 of the fiftieth day before the day of elections . Each leaders, together
to the list of candidates, must submit declarations of acceptance by each
candidate, duly authenticated by a notary public or by the Registrar Civil Status. Each list,
including candidate of Castle Captain charge that is leaders, must be composed of a number of people
no more than twenty and not less than eight in the Castelli with populations equal to or greater than
two thousand inhabitants, not more than sixteen and not less than six in the Castelli
with population of less than two thousand inhabitants. 3
. Together with a list containing the names of candidates must be presented also the name of
list, the mark printed pattern or figured that presenters intend to take as well
subscriptions obtained pursuant to paragraph 6. The marks may not no way represent the official
identification symbols of the various castles.
4. the nomination is not permitted in more than one list on pain of nullity of all the candidates.

5. The list, made pursuant to the preceding paragraphs, must get by voters citizens
San Marino residents interested in the Castle least thirty subscriptions in a Castle
with less than two thousand inhabitants, and at least forty subscriptions in a castle with || | population equal to or greater than two thousand inhabitants.
6. Every citizen in the voter Castle concerned may only sign the
presentation of a list: subscriptions carried out in more than one list will void
signature in all subscribed lists. In case of violation, the sanctions provided
Article 14, paragraph 3, of the 6/1996 Act, as amended.
7. The signature of those who subscribe to the lists of candidates must be authenticated by a notary public
admitted to the Republic of San Marino by the Registrar or Registrar.
8. The lists of candidates, accompanied by subscriptions prescribed, should be submitted by
candidate for the post of Captain Castle or his delegate within 12:00 of the fiftieth
day preceding the day of elections to the Civil Status, Demographic Services and electoral, that
acknowledge receipt consecutively numbered.
9. The Electoral Commission referred to in 6/1996 Act, as amended by
thirty-fifth day prior to the voting process are:
a) verify the individual applications, excluding those that do not meet the prescribed requirements;
B) verify the lists of candidates by reducing the prescribed limit, starting from the last, those
containing a number of candidates exceeds the provisions of paragraph 2 and delete
those with a lower number of candidates to the provided the same paragraph 2;
C) eliminate the lists that are not subscribed by the number of voters indicated in paragraph 5 or
lack of legal forms prescribed for the subscription;
D) examine the marks, rejecting those same or easily confused with each other, eliminating
, also, those presented later and those that depict the official identification
symbols Castelli. In this case, the Electoral Commission calls on the leaders to replace the symbol
refused within the period of twenty-four hours, under penalty of exclusion from the election list;
E) determine, by drawing lots, the attribution of the letter in the alphabetical order for each
candidate for the office of Captain Castle, determining the order of registration on the electoral board
F) communicate, by act personally and immediately notified by bailiff
leaders to the candidate and to the candidate that could be affected directly, the irregularities found
and the decisions taken by the Electoral Commission.
10. The Electoral Commission, in the case of applications from the same person in more
lists, declared null and void and shall inform the applicant and the leaders who, within twenty-four hours
, provide for possible replacement.
11. Later than the thirtieth day before the election date, the Civil Status, Demographic and Electoral Services
make public the list of lists in the order of drawing of lots of the same
. The lists will be exhibited through public posting in the respective Castle.

Art. 11
electoral Comizi

1. The presentation campaign for the election of the Castle Captain and the Board is convened by the Captain of the outgoing
Castle through poster, made public
thirty days before the election date, which is prepared by the Civil Status, Demographic Services and electoral.
2. In the manifesto they are published the list of candidates and indicate the provisions on
elections. 3
. Within five days prior to each election list must submit
own program, which must be filed with the House of the Castle and retained by
Capitano di Castello.
4. Within thirty days of the adoption of reggenziale order under section 10, by the
Civil Status, Demographic and Electoral Services are carried out all the formalities relating to
electoral certificates in Article 12 of Law No. .6 / 1996, as amended.
5. They must be delivered to voters by the fifteenth day preceding
to that established for the elections.
6. It is applicable, as far as compatible, Article 6 of 12/1996 Act, as
7. With special delegated decree are established, observing the criterion of equal, the
arrangements for disseminating and advertising programs as well as the discipline of the presentation campaign.

Until the adoption of this decree shall continue to apply the provisions of the Decree of 30 October 2003 n
. 138.

Art. 12 Ballot

1. The vote takes place with a unique statement which shows the marks of
lists, as well as the full names of the candidates for the Castle Captain charge
written to a specific rectangle, according to the order determined by lot.
2. At the center of the card are placed in two lines which may be set
preferences for members of the Executive. 3
. The cards are consistent paper, unique type and are provided by the State Civil,
Services Demographic and electoral following the model to be adopted by special decree delegate
. The Electoral Commission, given the number of lists, will change the
size, format and elements deemed necessary.


Art. 13 Postponement

1. For the election procedure shall apply to matters not expressly provided for in this
law, the principles and norms of the Law no. 6/1996, as amended, to the extent compatible

Art. 14
polling station presidents and tellers

1. The Commission referred to in Article 6 of the 6/1996 Act, as amended
is responsible for completing each year and to publish, no later than February 28,
by filing with the Civil Status, Demographic Services and electoral and posting in any Castle, a
list of citizens with the President of the polling station running during the current year.
2. The Commission is raffling off the polling station presidents among voters referred to in Article 8, paragraph 2,
in possession of the requirements of Article 23, paragraph 1, of Law no.
6/1996 and who have notified their willingness to serve that function in the manner provided by that Article 23.

3. They are excluded from the Chairman of the polling station functions:
a) the members of the State Congress;
B) members of the Council Great and General;
C) the Officer of the Civil State, Demographic Services and Electoral;
D) the members of the Electoral Commission;
E) Magistrates and Clerks of Court Act;
F) the candidates for the Castle Captain charge and member of the Board;
G) the Captain of the Castle and the outgoing council members.
4. For any complaints against the formation of that list, for the finality of the same
list, apply the provisions of Article 6, Article 7 and Article 23 of the Law
6/1996 following edits.
5. The Commission by the twentieth day before the voting proceeds to
appointment of chairmen of the polling stations, even arranging for replacements in case of impediment
6. The Commission between the twentieth and the tenth day prior to the elections, proceeding to
appointment of two tellers by polling station among voters referred to in Article 8, paragraph 2, who are registered on the electoral roll and
have expressed their willingness to serve that function with
described in Article 23 of the 6/1996 Act, as amended, and not fall into
situations listed in the preceding paragraph 3. the Commission shall, also, in the
appoint four tellers to the seat of the Hospital of Special State which also performs the functions of the polling station for the home
vote, according to Chief Executive Decree 23 April 2009 n. 53.
7. Nominations for President of the polling station and those in scrutineer must be notified by
Judicial Officer within seventy-two hours after the end of the meeting of the Electoral Commission.
8. Voter expected to perform the functions of President of the polling station or scrutineer who
abstain without justification apply the penalty provided for in paragraph 8 of Article 23 of the
6/1996 Act, as amended.

Art. 15
previous Formalities voting

1. Early in the day fixed for the vote of the polling station presidents go
at the institutional forum designated to receive the President of the Electoral Commission
delivery of all material for the vote, including a copy of the section list from which the same
Commission will have eliminated the names of members who fail to comply
eighteen years of age by the day of the vote, the State boards and a large number of copiative pencils,
and the list the tellers.
2. To carry out the functions referred to in the preceding paragraph, the President of
Electoral Commission may delegate the Executive Office of the Executive Secretariat of State
Congress or other officer of the Department of Institutional Affairs and Justice.
. The cards are delivered in a number equal to that of registered voters increased by a tenth
. The boards must satisfy the conditions set out in Article 24, paragraph 3, of Law no.
6/1996 as amended.

Art. 16
Constitution of the polling

1. At 6.00 the president of each polling station is the Electoral Office
section calling upon the tellers in Article 14 appointed by the Electoral Commission.
2. One of the scrutineers, chosen by the President, assumes the functions of Vice-President
and another those of Secretary of the polling station. 3
. At least two of the three members of the polling station must always be present at the electoral operations
4. If the nominee to chair the Electoral Office can not, for justified reasons, the
take office he must immediately notify the Chairman of the Electoral Commission for
be replaced.
5. During election operations, in case of absence or incapacity of the President, makes the guardian
6. In the absence of the Secretary of the polling station shall take his Vice-President.

Art. 17
The vote

1. The vote is expressed by drawing on the board, with indelible pencil, a sign on the name and surname of the
to the chosen Castle Captain candidate or the symbol of the list.
2. The voter can express a preference for a maximum of two candidates for the office of Member of Council
, choosing the list of which is headed by the candidate of
Castle chosen captain. 3
. The preference can be expressed by indicating the name and surname of the candidate or his number of
list or both.
4. If the voter has voted for a candidate for membership of the Board without affixing the mark for
candidate for the office of Captain Castle, the vote means that you have the list that owns the
member council chosen.
5. The preferences for candidates belonging to lists other than that which belongs to the
Captain candidate chosen Castle, are void.
6. In the case of preferences expressed in excess of the capacity, it means canceled the rating of
expressed preference. Remains valid voting list.
7. If the candidate has two surnames, the voter can write one.
8. For the purposes of the vote valid indication must contain both names when there is
possibility of confusion between several candidates.
9. They are void preferences in which the candidate is not appointed with the clarity
necessary to distinguish it from any other candidate.
10. the cards are void:
a) that do not comply with article 24, paragraph 3, of the 6/1996 Act, as
changes and do not contain the signature of the President of the polling station or a Chief scrutineer
B) when they present records or signs intended to secure recognition of the voter;
C) that are not compiled with indelible pencil.
11. They are considered white boards that do not cast their vote for any of the candidates or
12. The validity of the vote on the card should be allowed whenever
can infer the actual will of the voter, subject to the provisions of the preceding paragraphs.

Art. 18
Ballot and polling operations

1. It is declared elected Captain of the Castle candidate for espresso from the list that
obtained the highest number of votes.
2. In case of a tie there shall be a second ballot between the two candidates who
got the most votes, to be made on the second Sunday after the one in which
was held the first round. In case of further equality is the candidate for the office of Captain
younger Castle age. 3
. In each list of candidates for the office of member of the Board shall be construed attributed
many votes as those achieved by the candidate to the post of Captain Castle or to the members of the Board
4. The list to which the candidate belongs to the Castle Captain charge
who reported the highest number of votes are awarded six and five seats, including that of
Capitano di Castello, depending on whether the population is higher or lower two thousand inhabitants,
even if the votes obtained are lower than the figure of 60%. If the percentage of valid votes
obtained exceeds 60%, the list is assigned a number of seats equal to the percentage of votes it obtained
5. The remaining seats are divided proportionately among other lists in accordance with the D'Hondt method
6. Within each list, the candidates shall be declared elected members of the Board
according to the order of preferential votes obtained.

7. Equal number of votes shall be declared elected younger age applicants.
8. The first polling station due to each minority list is attributed to the candidate for the Castle Captain
the same list.
9. If the elections in a castle is a single list, the elections are valid
if he has voted at least 35% of eligible voters and the list obtains the majority of valid votes
10. For any claims, reference is made to the provisions of Article 44 of the Law
6/1996, as amended.
11. The election results are made public after the elections with Regency Decree, where
will indicate the date when the captains of the Castle and the committees will meet for the settlement.

Art. 19 Incompatibility

1. They are incompatible the office of Captain Castle and member of the Board with a mandate to
Great and General Council member.
2. The Captain of the Castle and the member of council who are elected members of the Council Great and
General and the Director who is elected Captain of the Castle or member of the Board are required to
opt for one of the two terms in the term of fifteen days after the last election,
by giving written notice to the Office Institutional Secretariat. In case of failure to notify in
above deadline, the person elected is deemed to have lapsed from the mandate held before the last election
. 3
. They can not be simultaneously in the same council members
ancestors and descendants, cohabiting siblings, spouses or those who coexist in fact outside the
4. In case of simultaneous election prevails that of the candidate who has obtained the highest number of votes
unless waiver of the same, to be reported within seven days of the election
Office Institutional Secretariat.


20 Tasks of the Castle Captain

1. The Castle Captain competes:
a) represent the Government and the Castle in all areas and headquarters including representation for
property aspects of competence;
B) convene and chair the meetings of the Board;
C) to prepare the agenda of meetings of the Board, subject to verification of the proposals and
requests received;
D) implement the resolutions of the Board;
E) forward, if the Board resolves on matters of significant interest, copies of
deliberations at the Ministries and bodies concerned as well as to the Secretary of State
in charge of Relations with the Township Councils;
F) report to the State Congress through the Secretary of State in charge of Relations with
Township Councils;
G) civil marriage as delegated by the Home Secretary and
fulfill any other functions delegated by the state bodies;
H) to authenticate the signatures of subscribers citizens of the referendum proposal under Article 12 of the Qualified Law
May 29, 2013 n.1;
I) participate in the sessions of the Commission for Territorial Policies under current
building laws and urban planning in order to express the opinion taken by the Government
about urban intervention;
L) any other functions assigned by law.
2. The deliberations of the council of Castello are drafted on the basis of the information contained
in a specific internal regulation to be adopted in the inaugural session of the Board itself and
must be logged and collected in a special register. The regulation adopted by each council
to be transmitted, within thirty days of its approval, the Office Secretariat Institutional
. 3
. The Castle Captain has the right to follow, stimulate and called on from the competent offices of the Republic
the smooth running of the practices of citizens, including associations
shape and the Castle entities that request it. To do this, regularly inform the Council of its interventions

Art. 21
The Secretary of the Board of Castello

1. In its first meeting the council shall elect from among its members the Secretary.
2. The Secretary replaces the Captain of Castle, in case of absence or impediment to acts of ordinary
administration or delegated representatives from the Captain himself. 3
. Secretary of the tasks are the preparation of the minutes of the Board meetings and the adoption of measures
administrative support.
4. The minutes of the council meeting, to be approved in the next session, to be drawn up
in a register or on single sheets bearing the heading of the Giunta di Castello, signed by
di Castello and the Council Secretary, and transmitted in electronic format to the Office
Institutional Secretariat.

22 Tasks of the Board of Castello

1. The Castle Board is responsible for administering the annual budget, as well as the conservation and
management of assets transferred to it.
2. The duties and functions of the Board of Castello are deliberative, consultative, promotional
, control and management of local services. 3
. The Government competes promote decisions of regulatory authorities on general or interest
Castle by:
a) the transmission of its resolutions, agendas, concerns and suggestions to institutions and public bodies
B) the presentation of interpellations, requests and proposals to the Congress of State, which was held in
sixty days to respond in writing;
C) an invitation to attend its sessions to the members of the Great and General Congress of State and the Council
well as representatives of institutions or institutional bodies, so
relate to matters falling under their direct competence and responsibility;
D) the publication of proposals, observations and documents;
E) the activation of assemblies, debates and public meetings.
4. The Board shall act independently within the limits of its annual financial statements, relating to:
a) operation and functioning of that Board;
B) interventions with humanitarian and social solidarity;
C) financing of cultural, recreational, sports and social, also in collaboration with
entities, institutions and associations, public and private;
D) design and implementation of public works referred to in this law
according to the procedures provided for in Article 28 and Article 32;
E) execution of acts and contracts to matters within its competence.
5. The Township Councils can establish direct relationships with organizations or governments of other
States, following the joint agreement of the Secretariat of State in charge of Relations with the Juntas
Castle and the Secretary of State for Foreign Affairs.
6. The committees have the task of coordinating the cultural, recreational and social
promoted within the castle, in order to foster collaboration between the various parties involved in
7. The Social Centres which enjoy financing provided by the State shall cooperate with the Juntas
Castle on the basis of programming annually agreed by the Township Councils, the
Secretariat of State in charge of Relations with the Township Councils, the Secretariat of State for Culture
8. The Giunta di Castello, on the basis of the information received under Article 20, paragraph 3
, may signal to the relevant bodies any irregularities or delays in the performance of practices
and may suggest means and remedies for their elimination.

Art. 23
Attribution and the Executive powers of Castle

1. The Board, in accordance with current legislation on trade, expresses opinion
binding on permits for itinerant trading activities.
2. The council called directives on:
a) organization and discipline of markets in accordance with applicable laws;
B) commercial settlements, if in the different business areas occur
disruption to the supply of goods. 3
. The Castle Board is authorized to resolve, after consultation of the appropriate offices,
in the field of roads within built-up areas.
4. The Castle Board must be informed of all public character
projects on the territory of the Castle, promoted by institutional agencies or by private agreement and
may express an advisory opinion on the matter within thirty days.
5. The Castle Board expresses its opinion within thirty days of receipt of the office of the competent
request, with reference to:
a) the identification of products and services to encourage or discourage, in relation to the issuance of new business licenses
, consistent with the needs of the individual as well
Castelli as required by applicable securities laws;
B) combination of several sectors for the types of exercises in the historic centers of various
C) Instances of Arengo, where the problem is in the general interest of the Castle;
D) its responsibilities under Article 3 of the Law of 6 July 1982, n. 69 "of the progress of Discipline
craft in property with no specific destination of use", as amended;
E) proposed intervention for the prevention of disasters and for the containment of damage to
things and persons. In this regard the Government can make reports to the Security Service
F) exchange and disposal regarding properties located in the Castle;
G) insertion and downgrading of the houses on this catalog under the legislation;
H) updating artifacts or property with the value of the monument located in
pertaining Castle;
I) establishment of reggenziale decree proposed by the Head of the Civil Protection Service on
declaration of "natural disasters and exceptional event";
L) development plan on trade, relatively to the territory pertaining to the Board
same, with particular reference to the historical centers.
The opinions referred to in subparagraphs a), b), c), d), f), g), h), l) shall be construed as mandatory, while those
in letters e), the ) of optional type.
6. The Board is required to deliver an opinion in all other cases expressly provided by law.
7. If adopted a decision contrary to the opinion expressed by the Giunta di Castello,
this should be justified in writing with the exception of resolutions passed by the Great and General Council
8. It is the job of the Castle Board propose the names of new areas of
circulation and the change of names already existing within the territorial limits of the Castle, as
required by legislation and topographic ultrasound system.
9. The council promotes research, studies and initiatives aimed at promoting and disseminating knowledge
of history, customs and traditions, as well as the peculiarities of the castle, making use of
cooperation of state offices and agencies and public cultural institutions and private.
10. The Board shall be authorized to promote, in agreement with the Commission for the Conservation of Monuments and
antiques and art, and with offices,
adequate measures for the restoration and conservation of artistic heritage , architectural and archaeological
of the past.
11. It is up to the Captain of the Castle and the Board to publish by posting in the appropriate spaces of the Castle
acts and measures is of interest is the Castle of interest
community in the manner and form prescribed by the laws and regulations or according specific provision.
12. Members of the Castle Juntas are called to represent the committees themselves
within collegial bodies and committees, as required by law.

Art. 24 Opinion of the Juntas

on the State Budget
1. The Administration may require to complete the documentation with each Junta
Castle advisory opinions about the annual Budget of the State.
2. To this end, the Castle Board has the power to take meetings in which they will be
analyzed the needs of the Castle in relation to the general needs of the Republic and the
availability of existing budget, with the aid of the Department of Finance officials
and Budget. 3
. Prior to submission to the Great and General Council of the annual State Budget,
the Secretariat of State for Finance and Budget, the Secretary of State for the Land and Environment
and the Secretariat of State in charge of Relations with Township Councils are required to organize a
meeting with the Township Councils in order to carry out the priorities of each Castle
analysis involved in the lists of public works planned for the following year.

Art. 25
Relations with the Public Administration

1. The offices of the Public Administration are required to cooperate with the Township Councils
and the captains of Castle in the performance of their respective responsibilities and activities under this law
according to the instructions contained in special rules to be drawn up | || by the Secretariat of State in charge of Relations with the Township Councils
within thirty days after the entry into force of this Act.
2. The offices of the Public Administration are required to involve and inform the Juntas
Castle about programs, projects, schedules, and any other active policy that concerns the territory of the individual
Castle relevance. 3
. The offices of Public Administration, if questioned in writing about
suggestions, comments or requests relating to the practices and issues of interest of the individual
Castle, must respond in writing within a maximum period of ninety days, facts
unless special procedures regulated by special rules and special situations of urgency that
need a response in the shortest terms.

Art. 26
Legislative initiative and referendum

1. The Castle Board may submit to the Regency of bills drawn up in articles, with
explanatory report and indicating the expense coverage on any material where required,
excluding laws of amnesty and pardon, the tax laws and budget and laws of international treaties
ratification, that they may be placed on the Great and General Council's agenda within the ninety days following
2. The Congress of State, upon advice of the competent Council Commission
Permanent, may, within sixty days following the presentation, refer the bill to the Board
proponent, which it may withdraw, modify or confirm. 3
. If confirmed or change the project is put on the Great and General Council
day within ninety days.
4. The bills of initiative of the Township Councils should be entered by the Bureau
on the agenda of the Great and General Assembly for their consideration at second reading
Council within one hundred eighty days of their submission and / or the their representation in the event of
change occurred, pursuant to paragraph 2.
5. The Township Councils have the power to promote the referendum in the forms and
accordance with the rules on the subject.
6. The Township Councils have, also, the power to bring in a direct way the union of
constitutionality under Article 16 of Law No 8 July 1974. 59 and subsequent modifications

Art. 27 Environmental protection

1. The Captain Castle, on the relevant resolution of the Board of Castello, require the
Prevention Department of the Institute for Social Security, if there is a reasonable
objective basis, that it is carried out as a matter of urgency ' inspection, within ten working days following
reporting, in order to verify the existence of forms of environmental pollution
above the limits set by law.
2. The Prevention Department of the Institute for Social Security must give
account of the inspection in a written report must be transmitted within five days
to the Castle Board, the Secretary of State for the Land and Environment and
Secretary of State in charge of Relations with the Township Councils. 3
. Is also responsible for the Castle Board request the intervention of the Department of Prevention
Institute for Social Security when it notes that the presence of illegal landfills in
4. The Prevention Department of the Institute for Social Security must send periodically to the Board
its measures of public interest concerning the territory of

Art. 28
Public green and parks

1. The Castle Government has the right to promote the realization of areas to be equipped to green public
and park areas within the constraints and procedures laid down in laws
urban planning and construction and the General Town Plan Law .
2. For this purpose the council can present their projects which will be subject to ordinary
approval procedure and will be funded directly by the Government even in
collaboration with organizations and private institutions and individuals.

Art. 29
Conference of the Captains of Castle

1. In order to coordinate the activities of the Township Councils, also in relation to the activity of
Great and General Council and of the State Congress, the Regency convene the Captains of Castle
least once in the six months reggenziale, the the presence of the Secretary of State with responsibility for Relations with
Township Councils. The first meeting must be convened within two months from the date

Art. 30
Council of the Township Councils

1. It established the Council of the Township Councils in order to represent in a unified
instances and prerogatives granted to Pattern.
2. The State Council has the power to:
a) support, promote and encourage a democratic debate on local government also
by exchanging links with other local institutions of foreign countries;
B) develop projects, proposals and initiatives to be submitted to the Congress of State;
C) promote initiatives in unitary form and the duties provided for in article 22. 3
. The Council is composed of all the captains of the Castle that, if he is unable to attend meetings of the
Consulta, may delegate the Secretary or a member of the Executive.
4. The members of the Council of the Township Councils remain in office for five years and
still remain in office until the former junta.

5. The members of the Consulta appoint an absolute majority spokesman for the duration of one
years, with the possibility of renewal, and in any case remain in office until the Board of
Castle from which it comes.
6. The spokesperson is responsible for convening meetings, stating the agenda, preside
redigendone the minutes and represent the Consulta.
7. The consultation is based in the House of belonging spokesman Castle.
8. The meetings of the consultation are invited a representative of the Office Secretariat
Institutional and a representative of the Secretary of State in charge of Relations with the Juntas


Art. 31

List of works
1. Captains Castle are required to submit to the Office Secretariat Institutional,
by 15 June each year, a detailed list and classified by type of public works
who intend to propose for the next year.
2. By September of each year the Secretary of State for the Environment and Territory, the
Secretariat of State for Finance and Budget and the Secretary of State in charge of Relations with
Township Councils are required to arrange a meeting with the Township Councils and Directors of Companies
State Autonomous aimed at defining a schedule of public works
planned for the following year. 3
. The schedule defines a multiannual program for the implementation of public and
appropriations required works.
4. The Secretaries of State with responsibility for Relations with the Township Councils and with responsibility for
Relations with the Autonomous State Agency for Public Works are required to organize a meeting
periodically between the relevant offices and the Juntas Castle on public works programmed

Art. 32
Use of expenditure items of Budget dell'AASLP

1. With Budget Law is reserved each year to the Board of Castello using
relevant sections of the Autonomous State Company spending on Public Works (hereinafter
AASLP) funded by the Endowment Fund for maintenance, place to
paid from the State Budget.
2. The distribution of funds between the individual Juntas is approved by the State Congress limited to 75% of the entire
availability in the first quarter of each year. 3
. As part of the funds thus assigned, each Giunta di Castello, with the cooperation and coordination of competent
Secretariat of State and the Autonomous Companies direction
State, acting as routine maintenance works, with reference to the road , public lighting
, pedestrian paths and public green, must be performed.
4. Any availability unused at year-end can be brought to residue from '
AASLP following year.
5. The execution of the works approved by the Government is entrusted to a team up for this purpose by
'AASLP, directed and coordinated by a project manager.
6. In the case of documented urgency and dell'AASLP impossibility, Captain of the Castle, on
assent of the Council, has the power to commission the work also needed to private firms,
prior authorization by the Directorate of 'AASLP and provided these private companies have headquarters in the
Republic of San Marino.
7. The remaining 25% of the funding is, in turn, committed by resolution of the Board of
of 'AASLP Administration and the Congress of State, in relation to the needs of extraordinary maintenance
reported by individual Township Councils.

Art. 33
Fund for the operation of the Juntas

1. In the State Budget is expected an annual fund for the ordinary operation and
extraordinary of Township Councils in relation to the tasks entrusted to them.
2. It is also envisaged in a special chapter of the State Budget, in accordance with Article 47 of the Law of 26 July 2010
n. 130, a contribution to the management of the markets in the individual castles. 3
. The State Congress on the proposal of the Secretary of State in charge of Relations with the committees
di Castello, distributes the annual fund referred to in paragraph 1 to 50% in equal parts between the
individual Councils and the remaining 50% in proportion to the number of residents of each Castle.
4. The liquidation of the Fund is carried out at the beginning of the financial year.
5. The fund for each Board is independently managed by it.
6. Similarly to what happens for the state offices, there is a Stationery
material supplied and the cleaning material, for which expenditure has to be charged
charged to the State budget for a maximum annual amount of € 200,00.

7. The annual accounts are presented by each Government to the Secretariat of State with responsibility for Relations with
Township Councils by 28 February next year and are sent
the Commission to the Public Finance Control for its control take place by April 30
. The annual accounts are prepared on the basis of standard forms adopted by the Council of the
Township Councils, prior binding opinion of the Directorate of Public Finance.

Art. 34
Fees and attendance of the Castle and the Captain of the Board Secretary and token

presence of council members
1. In the State Budget it is expected an annual fund in a special chapter dedicated spending,
intended for expenditure on emoluments for the service provided by the Captain of Castle and
Secretary of the Board and of the Castle Captain attendance fees , the Executive Secretary and
of the Board shall, for any duly called meeting, into account to a maximum of twelve annual sessions
2. Charges relating to attendance of the Castle Captain, the Executive Secretary and
of council members to additional sessions compared to the twelve referred to in paragraph 1 are
allocation for the Fund for the operation of the Juntas of which Article 33. 3
. The amount of fees and the attendance fees is indicated in the
Budget Law.

Art. 35
Special permits

1. Captains di Castello, in the case of institutional commitments
scheduled during normal business hours, if employed in the private sector or the public in addition to the extraordinary unpaid leave
referred to in paragraph 2 below, shall be eligible for extra leave paid up to a maximum of
five days, for each calendar year, and if self-employed persons shall be eligible for compensation commensurate amount
economic daily allowance for illness up to a maximum of five
days, for each calendar year. Charges relating to the recognition of permits and allowances
referred to in this paragraph shall be borne by the State budget and are
debited own budget.
2. Captains Castle and the members of the Board employed in the private or public sector
are entitled to unpaid overtime allowed if they are to carry out official duties
related to their mandate during working hours. 3
. The demands of the special permits in accordance with the previous paragraphs must be submitted to
employer at least five days before, except in cases of proven urgency, attaching
copy of the documentation certifying the institutional commitment.

Art. 36

Internal Regulations
1. To assist with the proceedings of the Board of Castello, where the law provides otherwise, the council
adopts its own rules of procedure, to be transmitted to appropriate knowledge
Office Institutional Secretariat.

Art. 37 Transitional rule

1. In order to re-establish the concurrence of the dates of the upcoming elections of
Juntas Castello their respective mandate will end on 30 November 2014.

Art. 38
Repeals and final provisions

1. They are repealed all provisions inconsistent with this Act and in particular:
- Law 24 February 1994 n. 22;
- Law 10 October 2002 97;
- The Law March 23, 2009, n.36.
2. By appropriate regulations of the State Congress to be issued by 31 December 2013
they are regulated the use of the band as well as the presence of the Captains of Castle ceremonies
official of the Republic of San Marino.

Art. 39
Entry into force

1. This Law shall enter into force on the fifteenth day following that of its legal publication

Our Residence day of September 27 2013/1713 dFR

Antonella Mularoni - Denis Friends


Gian Carlo Venturini




0 1 20 , 5 Km.Elaborazione graphics performed by SIT rsm and Planning Office.
Scale 1: 10,000

Republic of San Marino Secretary of State for Internal Affairs and Justice

Legend of City Castle San Marino sq km. 6.554925
Castello di Borgo Maggiore square kilometers.
9.543833 square kilometers of Faetano Castle. 7.450514
Montegiardino square kilometers.
3.480485 square kilometers of Domagnano Castle. 7 , 285888

Castle Fiorentino sq km.
6.492112 Serravalle square kilometers. 10.205105
square kilometers of Chiesanuova Castle. 5.541775
Castle Acquaviva sq km. 4.641466

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