SAN MARINO


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
186/2005;
Promulgate and publish the following ordinary law approved by the Great and General Council
its meeting of 23 July 2009.

LAW July 31, 2009 105


STATUTORY FRAMEWORK FOR THE REFORM OF PUBLIC ADMINISTRATION

TITLE I GENERAL PROVISIONS



Art.
1 (Purpose)

1. This law defines the principles and guidelines for the reform of the Public Administration
through the reorganization of the Public Offices, Authorities of the Broader Public Sector
, review of institutions of the civil service, the separation of | || competence of the State Congress of the Administration, the rationalization of functions
executive, in line with the evolution of the institutional, economic and social, in order to
improve the functionality of the executive and administrative activities and provide services more effective and consistent
user requirements.
2. The principles and guidelines contained in this Act are consistent with the Order of
Day Great and General Council of 16 May 2007, the rules specified in the Law Constitutional
December 15, 2005 and 183 of the Law qualified 15 December 2005 n.184, and the
particulars provided in public employment contracts and agreements with the Trade Unions
. 3
. With appropriate regulatory measures, the individual areas of this law will be subject to specific regulation
, through laws and decrees in accordance with the provisions of this
law and in keeping with the hierarchy of sources referred to in Article 3 bis of the Decree of 8 July 2002 79
"Declaration of the rights of Citizens and Fundamental Principles of San Marino
order".

Art.
2 (Definitions)

1. For the purposes of this Act, it shall apply:
a. Administration: the organs, the public sector and the organizational structures in which
this is articulated;
B. Assignment: identification, not unchangeable, Organizational Unit in which the employee
;
C. Bodies of the public sector: Institutions and Companies of the Autonomous State;
D. requirements: definition of the quantitative requirements of Administration personnel, in consistency with
purposes of efficiency, effectiveness of the administration, but also of
containment of the costs of the same;
E. Organizational (also briefly mentioned units as units): Authorities / Departments and Offices -
Services that constitute its organizational structure, as defined by the Law
Qualified December 15, 2005 n. 184, article 18.


TITLE II INSTITUTIONAL REFORM CIVIL

Art.
3 (Functions of the State Congress)

1. The Congress of State shall exercise the functions of political direction - Administrative and control
administrative activity, in compliance with the rules and within the powers attributed to it
laws.
2. In particular, the State Congress defines objectives and programs to be implemented and verifies
prosecution by the administration. 3
. To foster an ever greater autonomy and independence
Business Administration, they will be declined with the principles laid down in Title V of Qualified Law 15 December 2005 n
. 184 and delegated the administration of a purely administrative character
skills.

Art. 4
(collective political and individual function of the State Congress)

1. In order to improve the functioning at the top of the executive function,
in the context of the reform will be brought into force the rules and explained the principles contained in the Laws
Constitutional and Qualified nn. 183 and 184 of 15 December 2005 relating to the functions of the collegiate
State Congress and individual Secretaries of State. They will also be disciplined acts of secondary legislation
.
2. Because of the changes that will be made to the organization of administrative functions
and the increasing autonomy and independence of this, they will be revised criteria for definition
of staff of the Secretariats of State, according to principles of coherence with || | political functions assigned to these. 3
. As part of the functions and responsibilities of the individual policies of Government members, with
qualified law it will be defined as these result in the relationship with the administrative sectors of
reference, since in any case for each Office and the service must be identified
its political responsibility.

TITLE III


ORGANIZATION ADMINISTRATION
Art. 5
(Purpose of the reorganization)

1. The reorganization of the administrative structure is aimed at identifying solutions, respectful of evolution
Administration itself, directed to: rationalize the organization overall
Administration and the services provided to users; pursuing the objectives of efficiency,
2
effectiveness, cost efficiency and responsiveness to user needs; give new autonomy
tools and better define the roles and the management scopes.

Art. 6
(Organisational structure of the 'administration)

1. The Administration's organizational structure is divided into:

A. departments;
B. Bodies of the public sector;
C. Offices and Services.

Art. 7
(Organization Aims Departmental)

1. Consequently the transfer of administrative powers in relation to expenditure and staff
Administration from the State Congress, the provisions of Title V
Qualified Law n.184 / 2005, and to complete the separation of the political function and that
Administration under the provisions of the Constitutional Law n.183 / 2005 and the
Qualified Law n.184 / 2005, it confirmed its model for departments, albeit with
reform thereof which takes into account the experience gained over the years and new requirements
both institutional and operational.
2. In order to implement the provisions of the preceding paragraph, and in Article 5, so as to realize
clarity of roles and avoid duplication of tasks and functions, the Public Sector Entities
Broader no longer part of the organization Departmental although falling within the
Administration's organizational structure being nevertheless subject, notwithstanding the
autonomies and specificities, including the organizational structure, the principles and norms of
this reform. 3
. The revision of the existing Departments will concern the redefinition of areas of competence
and, therefore, their number, their composition as well as the roles and duties of its directors
.
4. After the new definition of the Offices and Services, which will take account of the reality existing
and potential for improvement and development of the same, with qualified law will
identified new Departments, independent of political powers.

Art. 8
(Departments)

1. The Departments represent aggregations of units according to criteria of homogeneity and
coordination of operational areas, defined in line with the organization's purpose
departmental described above.
2. The Departments are aimed at pursuing objectives of:
a. management of specific activities delegated following the transfer of responsibilities provided for in Article 3
;
B. pulse, integration and control of the units belonging to the same Department in projects and activities concerning
more units of the same or different Departments;
C. optimization and rationalization in the use of financial resources, human and material, in order to allow
, in line with the recommendations of the organs of the Public Function, improved
functionality of the administration, but also to pursue cost containment and
enhance the professionalism of human resources;
3
d. definition of operating in line mode with the signs of the
Public Administration bodies, in order to simplify and standardize the activities of individual units also to improve the relationship with users
. 3
. In relation to the specific sector and the responsibilities allocated, the functions of the Departments
can be differentiated.

Art. 9
(Department Directors)

1. With special law will be defined the role and duties of the Director of Department,
in line with the objectives of Article 8, but also with the characteristics of the specific
Department assignment.
2. The Department Director is also responsible to the Congress of State for
the jurisdictional functions, which relate in particular to the following areas and times:
a. Management, in the manner prescribed by law and the authorities, of the competence transferred by
Congress of State and the individual Secretaries, referred to in Article 3;
B. self-coordination of the activity of units of the Department with regard to the plans and programs
attributed to the same or part of this, but also for the effective conduct of administrative
concerning several units of the Department;
C. definition and constant monitoring, in line with the recommendations of the organs function

Public and felt the managers concerned, the best possible use of human, financial and instrumental
within the Department;
D. definition and constant monitoring, in line with the recommendations of the
Function Public bodies and in collaboration with the managers of the Department, the operating procedures, in order to
standardize, simplify and streamline the administrative processes and to make the '
activities of the Department in its homogeneous and coherent whole with users' needs.

Art. 10
(General Management and organs of Public Administration)

1. directs and controls the processes of modernization
Administration, with particular reference to the optimal management of
human and material resources and the definition, in partnership with the Department Directors and the General Directorate of Public Administration promotes | || by means of the latter with the Executives, an organization of administrative
guided by criteria of efficiency, effectiveness and responsiveness to user needs.
2. The Directorate General of Public Administration, in order to inform the work
Administration to fairness and equity, acts as referred to in the preceding paragraph
against all the public sector including the bodies. 3
. The General Directorate of the Civil Service is formed by the Director of Public Function
, who is the Director of the Department of Public Administration, and the governing bodies.
4. The Department of Public Administration is composed of organizational units with relevant Missions and Functions
cut across the whole public sector and its attributions are
administrative nature.
5. Special law will define the role and tasks of individual and collective bodies of
Public Administration.

Art. 11
(Director of Public Administration)

1. The Director of Public Administration responds to the Secretary of State with responsibility for
Civil Service and the State Congress for assigned functions, as well as for the realization of plans and programs
concerning the functioning of the administration as a whole .
4
2. The Director of Public Administration, directly or through the Presidency and the
coordination of the governing bodies of the Civil Service, in particular:
a. It proposes, applies and enforces the rules and guidelines for the whole public sector (Public
Administration, bodies of the public sector) and, in this regard, interacts with
Trade Unions in Administration representative, in or autonomy of
mandate of the Congress of State;
B. makes proposals to the Secretary with responsibility for the Civil Service and the State Congress for
improvement of the administrative activity.

Art.
12 (Coordination of Departments and Department Councils)

1. In order to achieve the purposes of the reorganization, the Coordination of the Departments and the Department Councils will
organization and skills consistent with their functions and
with the new departmental structure.
2. In order to achieve the overall integration of the entire public sector,
will be identified, within the General Management and the Department of Public
, sharing areas and coordination between Departments and Agencies of the Public Sector | || Enlarged.

Art. 13
(Mission and Offices and Services Functions)

1. Offices and Services Administration inform their work in
Specific tasks and functions assigned to them.
2. The Mission is the element that justifies the existence of a structure and, therefore, it
describes the aims and purposes, basically unchanging over time. The missions are
fixed by law both in the reform and afterwards. 3
. Functions describe the activities of the specific unit and the means with which to pursue
Mission and will be fixed for delegated decree to make the flexible structure to changing external
or new tasks entrusted to the unit.
4. The functions must maintain full consistency over time with its mission.
5. Missions and functions generate prescriptions that intersect with role profiles, status and
incompatibility of employees and leadership.

Art. 14
(Offices - Services and Departments: Roles and coordination)

1. Consistent with the principles of the reorganization and the functions of the departments and
organ of Public Administration Offices and Services have full operational autonomy for the
Mission pursuit and related functions.
TITLE IV EXECUTIVES



Art. 15

(Executive functions)

1. With special law will be revised legislation on the status of Managers, taking into account the
signed agreements relating to competitions and selection and qualifications.
This law, in line with the rules on the role profiles, missions and functions of the offices and
public services and transfer and separation of powers, and in line
5 evolution of the existing legislation on
leadership, define the tasks and role of the executive, providing that
:
a. is responsible for the services provided by the direct organizational unit and have the
provide it with the best power / duty organization possible, taking into account the material resources, financial and human
assigned to the same;
B. has broader personnel management tools for better operational use of personnel
assigned and for his professional development;
C. has wider spending powers, as provided for under the reform of the accounting organization
;
D. represents, together with the staff to employ, professional privileged
reference for matters of direct Organizational Unit competence and issue acts and administrative measures
of external significance.

Art. 16
(Work Report and executive remuneration)

1. The working relationship with the Managers may be of organic or contract. In this second case the
shall lie with the State Congress or the Great and General Council (when provided by
special rules), subject to the appropriate activation and diverse forms of selection, in order to
provide the Board of best available expertise.
2. The remuneration of the management function will be fixed by law and will be composed of four
components: base; location, linked to the direct drive complexity; result;
contract term, for those who are not in receipt of relationship of indefinite duration with the Public
Administration.

Art. 17
(of directors and executives rating)

1. With subsequent legislation appropriate to the identification of the Offices and Services, will be defined
the principles and procedures for the evaluation of professional performance of directors and executives
.
2. The evaluation will take place in different ways and frequency: Outcome evaluation and
position evaluation. 3
. The will of:
purposes of evaluation. reward merit;
B. defining possible actions to improve the professional service;
C. quantify the variable components of remuneration;
D. comprehensively assess the task performed or the assignment period, so as to proceed with
confirmation or less the same.
4. This review will cover the overall performance of the Department Directors and Executives
and will be based on preliminary objectives.


TITLE V THE USE OF PUBLIC REPORT

Art.
18 (General Provisions)

1. The working relationship established between the Administration and the employee is intended to
ensure the conduct of the administrative activity.
6
2. Under the principles already clearly established in laws, collective agreements and agreements
between the Administration and the Trade Unions, the reform will include the overcoming of the job description
and ownership and immovability of the place. 3
. To achieve the above, the organic staff will be covered in special profiles
role and assigned to the organizational units according to the needs of quality and quantity.
4. Consistent with the principles of this Act and subject to debate with the
Trade Union, will be reviewed some institutions of public employment relationship in order to make more flexible
personnel management, rooted in the rules of the culture to the public service,
enhance existing professionalism and aim for a general rebalancing treatment.
5. At a later stage they will be addressed institutions referred to in article 25, leaving
collective bargaining the relevant aspects.

Art. 19
(Role Profiles)

1. The Role Profile establishes what is required to the employee in terms of performance
work, regardless of the drive where it will be assigned.
2. The Role profiles are regulated by a special law and defined by delegated decree according
homogeneity criteria including performance, clarity and consistency with the current needs and future
Public Administration, operating a reduction and simplification of the current qualifications | || and a revision / update of the study to date qualifications required for individual
working positions.

Art. 20
(frameworks)


1. As part of the reform every employee organically will be framed in a role profile, but can play
temporary replacement performance - assignment in another role profile
according to the rules and the criteria to be established by law and by contracts.
2. Also as part of the reform will be required by law, subject to negotiation with
Trade Unions, the criteria for the correct assessment of the personnel in the role profiles
having regard to expenditure restraint and insecurity and especially doing so that
reform is an opportunity to select new skills and open as possible access to
Administration through competitions, courses and other forms of-competition selection.

Art. 21
(assignments to units)

1. The number of employees is assigned to units (Offices, Services or Authorities / Departments)
to pursue the mission and functions of the same.
2. The assignment of the employee to a unit is not unchangeable, consistent with rules agreed
with the labor unions that will ensure the structure stability and
adaptability to the needs of users. 3
. The employee can be assigned:
a. to 'Organization / Department for its own the same functions;
B. to 'Organization / Department for carrying out functions of the units in this subject and therefore
subsequently attributed to specific units;
C. the Entity / Department units.




7
Art. 22
(access to public employment and other forms of selection)

1. The access to public employment rules will be reformed to meet the need for
identify the human resources deficient or missing, and more and more necessary professionalism, in a
Administration that will arise as a more authoritative role and solicitous towards || | user and in the context of external relations.
2. selection forms will also be provided by types of temporary
collaboration with the Administration, which must be appropriately disciplined. 3
. The same rules as state rankings will be revised to ensure recruitment
responsive to the administration's needs.

Art. 23
(borrowing requirement units)

1. As part of the reform, it will be defined the requirements of quality and quantity of personnel
assigned to units, after defining their missions and functions.
2. Periodically the Board will detect such requirement -
amounts of the individual units, in line with the functions of the same and with the principles of flexibility, economy and efficiency
- effectiveness of administrative activity.

Art. 24
(Public Corporate Bodies Occupation)

1. The collegial bodies with competence in matters of public employment will be reviewed, for
law, with reference to the transfer of powers provided for in Article 3, the reform of the macro-structure
and regulatory changes that will intervene in the civil service .

Art.
25 (Improvement of the reform)

1. Upon comparison with the trade unions and later the first
classification and assignment of staff, shall be governed by a law the following matters:
a. assessment and recognition of the merit of the employees;
B. role and "value" of vocational training;
C. revision of pay structure in order to achieve equity goals and
simplification of the current situation;
D. mobility intra and inter departmental;
E. participation in specific projects with clear objectives and determination of times (projects-
goal);
F. Hierarchy of the sources of civil service regulations;
G. sheltered employment for employees with reduced working capacity.

Art.
26 (Verification of the effectiveness of the regulatory acts)

1. Normative acts in implementation of this law as well as its content will be
subject to verification in order to ensure the appropriateness and consistency of reform and
may be subject to amendment by delegated decree until completion
the reform itself.

8

SOURCES TITLE VI RULES

Art.
27 (Consolidated)

1. After the approval of the regulations referred to in Article 25 will be fitted with Fiat Chief
a coordinated collection of all regulations pertaining to the work depended
Public Administration. The Consolidation Act must provide a clear definition of
hierarchy of sources of the civil service regulations.

Art.
28 (Entry into force)

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



Our Residence, this day of July 31 2009/1708 dFR



THE CAPTAINS REGENT Massimo Cenci - Oscar Mina



THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta


9