NEWS

11 Jul, 16

DECREE-LAW June 22, 2012, no. 83

Urgent measures for the country’s growth. (12G0109)

Effective as of: 6-3-2013

(ARTICLE REPEALED BY LEGISLATIVE DECREE NO. 33 OF MARCH 14, 2013)

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Art. 18

Open administration

  1. The granting of grants, contributions, subsidies and aids

financial to enterprises and the allocation of fees and

Compensation to individuals, professionals, businesses and private entities and

however of economic advantages of any kind of which

Article 12 of Law No. 241 of August 7, 1990 to public bodies and

private individuals, are subject to advertising on the Internet, pursuant to

Of this article and in accordance with the principle of total accessibility

referred to in Article 11 of Legislative Decree Oct. 27, 2009, no.

  1. In the cases referred to in paragraph 1 and notwithstanding any other

provision of law or regulation, on the institution’s website

obligor shall indicate: a) the name of the enterprise or other person

beneficiary and his or her tax information; (b) the amount; (c) the rule or the

title underlying the award; d) the office and the official or

Manager in charge of the relevant administrative procedure; e)

The manner followed to identify the beneficiary; f) the

Link to the selected project, resume of the person in charge,

as well as to the contract and specifications of the service, supply or

service.

  1. The information referred to in subsection 2 shall be reported, with links well

visible on the homepage of the site, within the data in the section

“Transparency, evaluation and merit” referred to in the aforementioned decree.

Legislative Decree No. 150 of 2009, which must be made easy to

consultation, accessible to search engines and in a format

open table that allows its export, processing and

reuse in accordance with Article 24 of Legislative Decree June 30.

2003, n. 196.

  1. The provisions of this article constitute direct

Implementation of the principles of legality, good performance and impartiality

enshrined in Article 97 of the Constitution, and comply with them

By December 31, 2012, according to Article 117, paragraph 2,

(g), (h), (l), (m), (r) of the Constitution, all public

Central, regional and local governments, ((special companies and

government in-house companies)). The regions to

special autonomy shall comply with it within the same period according to

the provisions of their respective statutes.

  1. Effective January 1, 2013, for grants of benefits

economic following the entry into force of this

Decree-Law, the publication pursuant to this article

constitutes a legal condition of effectiveness of the legitimizing title

Of concessions and awards with a total amount exceeding

thousand euros during the calendar year provided for in paragraph 1, and its

any omission or incompleteness is detected ex officio by the

management and supervisory bodies, under its direct

Administrative, property and accounting responsibility for

The improper granting or awarding of the economic benefit. The

Failure, incomplete or delayed publication is also detectable

by the recipient of the intended grant or award and by

anyone else with an interest, including for the purpose of compensation for the

Damage due to delay on the part of the administration, pursuant to

Of Article 30 of the Administrative Process Code referred to in the

Legislative Decree July 2, 2010, no. 104.

  1. Article 12 of Law No. 241 of August 7, 1990, the

Legislative decrees March 7, 2005, No. 82, April 12, 2006, No. 163 and 6

September 2011, No. 159, Article 8 of Decree-Law May 7, 2012,

  1. 52 and additional publicity provisions. At

Mandatory payments related to employee relations and the

related social security and contribution treatments shall apply the

provisions specific to them. The government, upon the proposal of the minister

for public administration and simplification in consultation with

the Minister of Economic Development, is authorized to adopt

by December 31, 2012, after consultation with the Unified Conference,

A regulation pursuant to Article 17, paragraph 2, of Law 23

August 1988, No. 400, aimed at coordinating the above provisions with

this article and to regulate the manner of publication

Of the data referred to in the preceding paragraphs also on the national portal of the

transparency referred to in the aforementioned Legislative Decree No. 150 of 2009. The

same regulation may also regulate the manner of

Implementation of this article with regard to periodic payments and

For those directed to a plurality of subjects on the basis of the

same title.

((7. The implementation of this article shall be provided by the

human, instrumental and financial resources available under legislation

in force and, in any case, without new or increased burdens on the financial

public)).

 

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