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Historical-legislative outline of the Office for Coordination
and Planning of Police Forces and its position within the Public
Security system.
Following the upsurge of criminal
acts that have been committed by Mafia-like and terrorist associations
since the second half of the 60s the idea took shape to make
a thorough review of the Public Security regulations.
Taking into account the various
bills which were submitted in the meanwhile the government drew
up its own proposal on this complex and delicate issue in 1979
and, after two legislatures, it was approved by Act "121" in
1981.
However, already at the end of
1979, the government deemed it very urgent to identify an adequate
organisational pattern to avoid waste of resources or duplication
of efforts. To this end, it considered the issue of police forces
coordination separately from the broader reform of Public Security
Administration.
The decree-law No. 626 of 15.12.1979,
turned into Act No. 23 of 14.2.1980, provided for the setting
up of a National Committee for Public Order and Security - with
advisory tasks to the Minister of the Interior - and of an "Office"
headed by either the "Chief of the Police or his delegate" "in
order to implement the guidelines and orders issued by the Minister
in the carrying out of his functions of coordination and unitary
direction in the field of public order and security".
Said legislative text was then
adopted in a more articulated and organic way in the Act 121/81
that outlined, as it was already said, the new organisation
of the Public Security Administration.
Act 121/81 identifies in detail
the system of institutional powers and related functions and
establishes the organisational pattern of police forces coordination
entrusted with competence that are clearly defined at political
and operational level, as well as at central and local level.
These choices went beyond the prefigured
hypotheses of establishing a "Police Corps" (this could have
led to gaps among the various administration components that,
instead, needed to be coordinated and strengthened" - Report
on the government decree-law) and a "General Secretariat" ("there
is no raison d'étre in a framework where the Public Security
Department represents the best and adequate instrument for the
Ministry of the Interior to ensure the high direction of public
order and security services as well as the coordination of police
forces tasks and activities" - Report on the government decree-law).
In order to fully evaluate the
"grounds" of the reform it is possible to infer some interesting
elements from the preparatory works of the two above-mentioned
legislative texts (Act No. 23/80 and Act No. 121/81):
The pro tempore Minister of the
Interior, Hon. ROGNONI, in his report of 7 February 1980 before
the second Commission of the House of Representatives during
the discussion on the bill turning the decree-law No. 626/79
into law, states, inter alia, the following:
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"the measure under
discussion is included in a project where the central and
top-level elements are represented by the Minister of the
Interior, National Authority of Public Security, who is
entrusted with the highest powers and the related responsibilities
in this field. This guarantees the unitary organization
of the Administration articulated structure including and
binding all police forces - independently from their accountability
- on the basis of their common goals. In this connection,
for the first time the decree provides for the legal contents
of the coordination activity".
The legislation (sections 4, 5,
6, of Act 121/81) concerning the Public Security Department
and its branches answers to the willingness of ensuring a unitary
implementation of the Minister of the Interior's directives
on the basis of a unitary political action. This is widely confirmed
by the preparatory works themselves.
As to the bill A.C. No. 895, the
pro tempore Minister of the Interior, Hon. ROGNONI, states that:
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"another qualifying
point of the government bill is represented by the determination
of a flexible instrument for police forces political and
operational coordination. In this way, considering the organisational
differences existing among the police forces and those relating
to their peculiar activities and operational experiences,
the crucial element of their common goals and possibilities
of employment are guaranteed in a differentiated but organic
project of crime counteraction and safeguard of public order
and security. The organisational pattern of the coordination
function originates a mechanism for the assignment of clearly
defined functions which directly depends on the person responsible
at political level for the Administration, in his capacity
of public security national authority. The subordination
of the structures receiving the guidelines, as well as the
particular effectiveness of the latter are, therefore, guaranteed".
The Parliament willingness to assign
the function of coordination to the Public Security Department
headed by the Chief of Police - General Director of Public Security
- is confirmed by the fact that an opinion expressed by the
IV Justice Commission of the House of Representatives was not
taken into account and turned into law.
The IV Commission
expressed as follows:
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"in sections
5 or 6 it is to be examined the possibility to place the
structures responsible for the implementation of the Minister
of the Interior's guidelines for the purposes of police
forces unitary direction and coordination outside the Public
Security Department and consequently in a separate position.
In fact, this coordination function involves all police
forces. For this reason it does not seem advisable, under
an institutional and functional point of view, to envisage
the relevant instruments within a Department that is mainly
made up of Central Directions interesting the only State
Police".
Other useful elements confirming
what said above can be found in the report of the speaker, Hon.
ZOLLA, during the discussion on the bill turning into law the
decree-law No.626/79 (session of 7.2.1980 of the II Commission
of the House of Representatives):
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"……….when Hon. FRANCHI
wanders how a General Director of the Public Security Administration
can coordinate a General with four stars I point out that
this complies with our tradition.
In fact, already in the past, the coordination of police
forces included also the Carabinieri Corps.
How can we assert that the activities carried out by Generals
cannot be coordinated by the Prefect? If the Prefect represents
entirely the government I do not see why even the Armed
Forces local representatives cannot depend on him/her".
Important is also the report made
by Hon. ROGNONI on the same occasion:
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"………….sec. 3 (that
will become sec. 6 of Act 121/81) and in particular letters
from a) to g) identify the various moments of this comprehensive
activity which results in the coordinated employment of
police forces. It is, indeed, a matter of identifying intervention
areas with the aim of strengthening the coordinated action
in a framework of planned choices under the direction and
responsibility of the highest Political Authority in the
field of public order and security.
The need for a major coordination in the field of public
order and security involves all the activity phases, including
prevention, investigations and suppression.
As to the fight against crime and subversion, the state
avails itself of a unitary reference center supporting
the Minister of the Interior, National Authority of Public
Security".
The analysis of the above-mentioned remarks expressed in the
Parliament let us understand the innovation introduced in the
organisation of the Italian public security system, which is
fundamentally characterised by different police forces.
In this context, as to the functional
profiles, the role of "unitary reference centre" conferred to
the Department of Public Security established within the administration
of Public Security is to be mentioned.
According to Section 4 of Act No.
121 of 1 April 1981 the Department of Public Security, in compliance
with the directives and orders issued by the Minister of the
Interior, is responsible for the following:
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Implementation of
the public order and security policy,
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Technical and operational
coordination of the police forces,
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Direction and administration
of the State Police,
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Direction and management
of technical supports also for the general needs of the
Minister of the Interior.
In order to implement the
directives issued by the Minister of the Interior - as to the
coordination and management of the public order and security
sector - the Department carries out the tasks laid down in the
letter a) to g) of Section 6 of the above-mentioned Act.
Within the Department of Public
Security the Office for Coordination and Planning of Police
Forces according to Section 5, 1st subsection, letter a) in
conjunction with Section 6 of Act 121/81, carries out the tasks
laid down in the letter a) to g) of said Section 6.
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