An opinion was requested on the functioning of the council groups formed within the municipal councils, as decentralization bodies. In particular, the situation that occurred in one of the nine municipal councils elected following the last administrative session was represented. Basically, a municipal councilor would have asked to be able to join a council group formed after the elections and originally participated by two councilors who, during the council, formed a new group leaving the original group without members. Having said this, we want to know whether, in the light of local regulatory legislation, the group originally constituted, and subsequently emptied of its members,
The secretary general stated that, pending indications, he would have suggested that the director’s request be positively met. Since the regulatory legislation conditions the transfer to another group upon the prior acceptance of the group to which one adheres, the secretary hypothesized that he would consider valid the acceptance formalized by the head of the council group corresponding to the municipal group which was temporarily unmanned.
adopted by individual local bodies within the scope of the organizational autonomy of the councils, expressly recognized to them by article 38, paragraph 3, of legislative decree n.267 / 00.
In principle, it is noted that the changes that may occur within the political forces present in the municipal council are admissible, due to dissociations from the original group to which they belong, involving the establishment of new council groups, or the adhesion to several existing groups. However, it is the individual local bodies, within the scope of their organizational power, the holders of the competence to dictate statutory and regulatory provisions on the subject and the related problems should find an adequate solution in the specific discipline adopted by the body itself.
