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Key Facts: Procuratore dello Stato Exam

Posts in the 2025 Competition

D.A.G. n. 114 of 30 May 2025, Art. 1

3 × 8 hours

Written Essays

D.A.G. n. 114 of 30 May 2025, Art. 5

6/10

Minimum in Each Written Test and the Oral

D.A.G. n. 114 of 30 May 2025, Art. 6

€15

Secretariat Fee

D.A.G. n. 114 of 30 May 2025, Art. 3

Maximum Age

D.A.G. n. 114 of 30 May 2025, Art. 2

Italy's Procuratore dello Stato competition has three eight-hour written legal essays and a broad oral; candidates need 6/10 in each test. This bank is an independent English-language MCQ study adaptation, not a simulation.

Sample Procuratore dello Stato Practice Questions

Try these sample questions to review concepts for the Procuratore dello Stato exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1Under Article 1 of R.D. 30 October 1933, n. 1611, how do avvocati dello Stato show their authority to represent a State administration in court?

A.They must file a general power of attorney signed by the competent Minister at the start of each calendar year

B.They need a special power of attorney only for acts that ordinary rules reserve to a special mandate, such as an appeal to the Court of Cassation

C.They need no mandate, even where ordinary rules require a special one; it is enough that their status as State lawyers is apparent

D.They must file an authorization issued by the Avvocato generale dello Stato with the court registry in each case

Explanation: Article 1 of R.D. 1611/1933 gives the Avvocatura dello Stato the representation, patrocinio and assistance in court of State administrations, including those with autonomous organization. Avvocati dello Stato act before all courts and 'non hanno bisogno di mandato, neppure nei casi nei quali le norme ordinarie richiedono il mandato speciale, bastando che consti della loro qualità'. Under Article 8 of Law 103/1979, procuratori dello Stato may represent administrations in the same way.

2Under Article 25 c.p.c. and Article 6 of R.D. 1611/1933, which court is competent in an ordinary civil case in which a State administration is a party?

A.The court where the competent Avvocatura office sits, in whose district lies the court competent under ordinary rules

B.The court of the place where the Ministry concerned has its headquarters, which for most Ministries means Rome

C.The court of the claimant's residence, because the State cannot rely on its own general forum against private parties

D.Any court in the district chosen by the claimant, provided that the writ is served at the Avvocatura dello Stato office

Explanation: Article 25 c.p.c. refers to the special laws on State representation: the competent court is that of the place where the Avvocatura dello Stato office sits, in whose district lies the court that would be competent under ordinary rules. Article 6 of R.D. 1611/1933 applies this foro erariale whenever a State administration is a party, including where there are several defendants. Because the district offices sit where the Courts of Appeal sit, the case is moved to the court of that seat.

3How does the foro erariale apply to a claim against a Ministry that falls within the competence of the Giudice di Pace?

A.It applies at first instance, so the claim must be filed with the Giudice di Pace of the place where the Avvocatura office sits

B.Ordinary territorial rules before the Giudice di Pace, but the appeal generally goes to the Tribunale where the Avvocatura sits

C.Ordinary territorial rules apply both before the Giudice di Pace and on appeal, because Article 7 excludes minor claims from the foro erariale entirely

D.The foro erariale applies only if the Avvocatura dello Stato objects to the forum at the first hearing before the Giudice di Pace

Explanation: Article 7 of R.D. 1611/1933 keeps the ordinary competence rules for proceedings before the former Pretori and Conciliatori, and case law applies this to the Giudice di Pace: the foro erariale does not apply at first instance. Article 7, second paragraph, sends appeals to the court of the place where the Avvocatura office sits, and this rule is applied to appeals against Giudice di Pace judgments. The Court of Cassation has excluded it for appeals in proceedings opposing administrative sanctions (e.g. Cass. ord. 23285/2010; Cass. 8482/2012).

4An employee of a Ministry brings a labour claim against the Ministry. Under Article 413 c.p.c., which court is territorially competent?

A.The court of the place where the Avvocatura dello Stato office sits, because the foro erariale prevails over the labour forum

B.The Tribunale di Roma, because the employer is a central State administration

C.The court of the employee's domicile, as for agents and commercial representatives

D.The court of the district where the employee's office is or was located; Article 6 of R.D. 1611/1933 does not apply

Explanation: Article 413 c.p.c. provides that, for disputes on employment with public administrations, the competent court is the one in whose district the office to which the employee is assigned, or was assigned when the relationship ended, is located. Its last paragraph states that in disputes in which a State administration is a party, Article 6 of R.D. 1611/1933 does not apply. The labour forum therefore prevails by statute.

5Under Article 11 of R.D. 1611/1933, where must a writ of summons against a State administration be served?

A.At the Avvocatura office in the district of the court hearing the case, addressed to the competent Minister

B.At the headquarters of the competent Ministry, addressed to the Minister in person and served there by a bailiff

C.At the office of the Avvocatura dello Stato in whose district the claimant resides or has elected domicile

D.At the Avvocatura Generale dello Stato in Rome, for cases pending before any court anywhere in Italy

Explanation: Article 11 of R.D. 1611/1933 requires summonses, petitions, oppositions to injunctions and acts starting proceedings before administrative or special courts or arbitrators to be served on State administrations at the Avvocatura dello Stato office in whose district the court hearing the case sits, in the person of the competent Minister. Other judicial acts and judgments are served at the office in whose district the court where the case is pending, or which delivered the judgment, sits. Service elsewhere is null, and the nullity can be declared by the court on its own motion.

6A writ against a Ministry is served at the Ministry's own offices instead of at the competent Avvocatura dello Stato. According to settled Cassazione case law, what is the consequence?

A.The service is legally non-existent (inesistente), so no cure is possible and the claim must be brought again

B.Null, but cured if the administration appears or the court orders renewal of service under Article 291 c.p.c.

C.The service is a mere irregularity with no consequences, because the Ministry actually received the writ

D.The service becomes valid if the Ministry forwards the writ to the Avvocatura before the deadline for appearance

Explanation: Article 11 of R.D. 1611/1933 requires service at the competent Avvocatura office 'a pena di nullità da pronunciarsi anche d'ufficio'. Settled Cassazione case law treats service made directly on the administration as null, not non-existent. The defect can therefore be cured by renewal of service ordered under Article 291 c.p.c., or by the administration's appearance.

7A claimant serves the writ on the wrong Minister. Under Article 4 of Law 25 March 1958, n. 260, how must the Avvocatura dello Stato raise this error?

A.At any stage of the proceedings, even on appeal, since the error concerns the capacity of the State to be a party at all

B.By a separate application to the President of the Council of Ministers, who designates the correct Minister

C.At the first hearing, naming the person who should have been served, after which the judge sets a term for renewal

D.Within thirty days of service by a formal notice to the claimant, failing which the claim is inadmissible

Explanation: Article 4 of Law 260/1958 requires the Avvocatura dello Stato to raise the error in identifying the person on whom the act should have been served at the first hearing, indicating at the same time the correct person. The indication is no longer allowed in later stages. The judge then sets a term for renewing the act, and timely renewal prevents forfeiture.

8Under Article 14 of D.L. 31 December 1996, n. 669 (converted by Law 30/1997), when may a creditor start enforcement against a State administration on a judgment ordering payment?

A.After 60 days from the publication of the judgment, provided that the judgment has become final

B.After 120 days from the publication of the judgment, whether or not the judgment has ever been served on the administration

C.Immediately after serving the atto di precetto, subject only to the usual ten-day term to pay

D.Only 120 days after service of the enforceable title; until then neither execution nor a precetto is allowed

Explanation: Article 14, paragraph 1, of D.L. 669/1996 gives State administrations and non-economic public bodies 120 days from service of the enforceable title to complete the payment procedures for judgments and enforceable arbitral awards ordering payment. Before that term expires the creditor may not start forced execution or serve an atto di precetto.

9Under Article 5 of R.D. 1611/1933, when may a State administration use lawyers in private practice (avvocati del libero foro)?

A.Whenever the competent Minister considers that a case requires specialist expertise that the Avvocatura lacks

B.Only for absolutely exceptional reasons, after hearing the Avvocato generale, by decree of the Head of Government and Ministers

C.Whenever the Avvocatura dello Stato fails to appear within the deadline for filing a defence, to avoid a default judgment

D.Only in criminal proceedings, since Article 1 limits the Avvocatura to civil and administrative courts

Explanation: Article 5 of R.D. 1611/1933 provides that no State administration may seek the assistance of private lawyers except for absolutely exceptional reasons, after hearing the Avvocato generale dello Stato. The appointment is made by decree of the Head of Government (now the President of the Council of Ministers), together with the Minister responsible for the administration and the Finance Minister.

10Under Article 640 c.p., what follows when fraud (truffa) is committed to the detriment of the State or another public body?

A.The aggravated form applies (one to five years' imprisonment and a fine), and prosecution is ex officio

B.The basic form applies, but prosecution requires a complaint (querela) filed by the Avvocatura dello Stato

C.The offence is automatically reclassified as embezzlement (peculato) under Article 314 c.p., with harsher penalties

D.The offence becomes an administrative violation when the loss suffered by the State is below €3,999.96

Explanation: Article 640, second paragraph, n. 1, c.p. provides for imprisonment from one to five years and a fine where the fraud is committed to the detriment of the State, another public body or the European Union. The last paragraph makes fraud prosecutable on complaint except where, among other things, one of the circumstances in the second paragraph applies. Fraud against the State is therefore prosecuted ex officio. Where the fraud concerns public grants or subsidies, Article 640-bis applies instead.

About the Procuratore dello Stato Exam

The Procuratore dello Stato competition is the entry route into the Avvocatura dello Stato, which represents and advises State administrations. The competition for seven posts, called by D.A.G. n. 114 of 30 May 2025, held its three written essays on 27–29 January 2026 at Fiera di Roma, on private law and civil procedure, criminal law and procedure, and administrative law. Successful candidates take an oral that adds constitutional, private international, EU, tax and labour law and legal informatics. OpenExamPrep offers independent practice for these areas as an English-language MCQ study adaptation. It keeps Italian legal terms and statutory references but is not an official translation and does not replace essay or oral practice.

Exam sponsor: Avvocatura Generale dello Stato. The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

Written: three theoretical-practical essays, eight hours each, on private law and/or civil procedure, criminal law and/or criminal procedure, and substantive and/or procedural administrative law, with only codes, laws and decrees, the Corpus Iuris and Gaius's Institutes (without notes) allowed. At least 6/10 in each written test is needed for the oral. Oral: the written subjects plus constitutional law, private international law, EU law, tax law, labour law and elements of legal informatics, with at least 6/10 required.

Time Limit

8 hours for each written test

Passing Score

At least 6/10 in each written test and at least 6/10 in the oral

Exam / Certification Fees

€15.00 secretariat fee (PagoPA)

Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Official sources

Avvocatura dello Stato — Concorsi avvocato e procuratore · Source checked 2026-09-17Bando, written-test schedule, commission, permitted texts, evaluation criteria, written topics and list of candidates admitted to the oral
Avvocatura dello Stato — Come si diventa Procuratore dello Stato · Source checked 2026-09-17Overview of requirements, written subjects and oral subjects
Avvocatura dello Stato — Legge 3 aprile 1979, n. 103 · Source checked 2026-09-17Organization and career of avvocati and procuratori dello Stato

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

32%

Private Law and Civil Litigation for the State

Representation under R.D. 1611/1933, foro erariale, service, enforcement against administrations, liability and prescription.

32%

Administrative Law and Procedure

Law 241/1990, the Code of Administrative Procedure and the Public Contracts Code D.Lgs. 36/2023.

26%

Criminal Law and Procedure

Offences against the public administration, fraud on public funds and the State as parte civile.

10%

Organization of the Avvocatura dello Stato

Offices, governing bodies, career and authorized representation under R.D. 1611/1933 and Law 103/1979.

Preparing for the Procuratore dello Stato Exam

What You Need to Know

Passing score: At least 6/10 in each written test and at least 6/10 in the oral
Assessment: Written: three theoretical-practical essays, eight hours each, on private law and/or civil procedure, criminal law and/or criminal procedure, and substantive and/or procedural administrative law, with only codes, laws and decrees, the Corpus Iuris and Gaius's Institutes (without notes) allowed. At least 6/10 in each written test is needed for the oral. Oral: the written subjects plus constitutional law, private international law, EU law, tax law, labour law and elements of legal informatics, with at least 6/10 required.
Time limit: 8 hours for each written test
Exam / certification fees: €15.00 secretariat fee (PagoPA) Official sources

Using Our Practice Resources

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Procuratore dello Stato: Suggested Study Strategy

1Practise full eight-hour essays in each of the three written subjects using only plain legal texts, as allowed by the bando.

2Learn the rules specific to State litigation: R.D. 1611/1933 (representation, foro erariale, service) and Law 103/1979.

3Track recent reforms, such as Law 114/2024 on offences against the public administration, Law 182/2025 on ex officio annulment and D.Lgs. 36/2023 on public contracts.

4Prepare the oral-only subjects (constitutional, private international, EU, tax and labour law, legal informatics) early rather than after the written results.

5Use MCQ explanations to test statutory details, then turn them into structured essay outlines with reasoning.

Frequently Asked Questions

How is the Procuratore dello Stato competition structured?

Under the bando of 30 May 2025 (7 posts), candidates write three theoretical-practical essays of eight hours each: private law and/or civil procedure, criminal law and/or criminal procedure, and substantive and/or procedural administrative law. Those admitted then take an oral on the written subjects plus constitutional law, private international law, EU law, tax law, labour law and elements of legal informatics.

What scores are needed?

Each examiner has 10 points per written test and 10 points for the oral, and the final mark is the average across examiners. Candidates need at least 6/10 in each written test to reach the oral and at least 6/10 in the oral. The ranking is the average of the written marks plus the oral mark.

Who can apply and what does it cost?

Applicants must be Italian citizens with a law degree (laurea specialistica or magistrale, or a pre-reform degree of at least four years), must not have passed the age of 35, and must meet the other requirements of the bando by the application deadline. No bar admission or prior traineeship is required. The secretariat fee is €15, paid through PagoPA.

Which texts may be used in the written tests?

Only codes, laws and decrees of the State, the Corpus Iuris and Gaius's Institutes, in editions without notes (Latin texts may carry simple notes on variant readings). Texts with case law, notes or commentary are excluded, and candidates hand in their texts for checking before the tests.

Are OpenExamPrep questions official competition questions?

No. OpenExamPrep provides independent practice for the subjects of the Procuratore dello Stato competition as an English-language MCQ study adaptation. The real tests are Italian-language essays and an oral examination, so practise full written answers under timed conditions alongside these questions.