—Organs of State — (snu law )

—Organs of  State

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—The State, as any abstract entity , has not its own psychological will , and has not also its own act : for it must will and act of individuals whose volition and action is imputed or attributed to the State .

—This indictment (imputazione) is implemented by specific legal provisions of the said organization.

—Individuals who are acting in the name and on behalf of the State are called organs . And many are the organs of State .

—The organ is conceived incorporated in the State , and the action of the individual responsible is legally considered as direct action of the State.

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—Each organ of the state could be differentiated into two entities : the public office and the public official.

—The term public office is meant to allude to the complex of activities , tasks and means that characterizes every organ of the State .

—The term public official is defined as the natural person in charge of the office.

—The office is independent from the person who is in-charge of the office: the individual official can mutate and sometimes even missing .

—Accordingly, when we speak of the Minister,  as an organ of the state , we can differentiate the office of the minister-as a complex of powers and resources that pertain to this office- and the person of the minister who carries out these functions and makes use of those means.

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—In some legal systems such as the Somali legal, the organ is a sphere of competence, of means , of purposes that always refers to the state.

— Each organ is the State;

—the powers , rights and duties that relate to each of the organs belong to the State , who shall remain sole proprietor .

—The relationship between the organ and the State can not be related to the representative relationship, but an organic relationship.

—The public official wanting and acting in the name and on behalf of the State , his action relates to the State : the State is obligated to third parties for acts of its officials .

—This imputation of individual action to the state indicates, on practical grounds, the difference between organic relationship and representative relationship.

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—While the action of the alleged representative ( il presunto rappresentante) commit the State only if it had taken place within the framework of competence assigned or attributed to it, the action of the natural person responsible of the organ commits the State even if it acted illegally or outside the limits of action to it permitted.

—In the organic relationship apply the principles of direct responsibility; while in the representation relationship applied the indirect responsibility.

—State organs have multiple relationships between them, these relations are called inter-organic (think example, the relationship between the President and the parliament, the Cabinet with each other and with the peripheral organs etc.). 

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—Government officials

—We have already stated that the individual responsible for an organ of state is usually called public official, because he exercises the functions falling within the competence of the organ.

—In doctrine , it is customary to distinguish : the authorities , the public official, and the public employee.

—Authorities are the persons who manifests the will of the State in the exercise of the supreme powers that are recognized to the State ( example the President of the Republic , Ministries , MPs , Peripheral and so on ).

—Public officials are the people who perform any public function (see examples of public officials in: judiciary art 240 and art. 92 Const. , administrative art. 77 Const., legislative art 49 Const. and 115-119 federal constitution).

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—Public employee is one who exercises , some activities in the interest of the State. Public employee enjoy an ongoing remuneration and office stability (art 88 Const. and 115-119 federal constitution).

—We have public officials who are not employed (example, Ministers, Deputies ) and civil servants who are not officers ( these are all those who are in charge of activities interesting to the State , but not imputed to the State, remaining activities of the individual:  for example professors , engineers at a technical department of the state , and so on )

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—Categories of officials

—Officials are divided into three different categories :

—1)-Professional officials are those who are not only entitled to charge (preposti) for their work, but they receive a regular salary for the work explicated; most of the state officials are in this situation: they mate or pair the dual qualification of public servant and public official.

—2)-Honorary officials: instead , while being responsible to their office, carry out their duties for pure civic interest , not getting salary for their performance, such as the ministers , deputies , the mayors , etc.

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—3)-De facto Officials (funzionario di fatto) are those persons who exercise a public function without being in-charge to their office; can be the following assumptions:

—-the Act of preposition there has been but is invalid;

—-the Act of preposition is valid but not yet effective;

—-or the Act has become ineffective, or,

—-even has never been an act of preposition and the individual has taken it upon his own initiative the title of public official.

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—In all these cases, is the activities of the individual-de-facto official (funzionario di fatto), in particular, can or cannot be attributed to the State and commit to it to third parties in good faith.

—While the doctrine and jurisprudence are generally favorable to admit State responsibility when the preposition is official (even if invalid or ineffective), but they exclude, on the other hand, when the act of preposition is absolutely wrong, unless particular circumstances do not justify such an exceptional assumption of power..

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