Urgent provisions for the revitalization of the economy. (13G00116)

Effective as of: 5-1-2016

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TITLE II
SIMPLIFICATIONS

CHAPTER I
MEASURES FOR SIMPLIFICATION
ADMINISTRATIVE

Art.28

(Compensation for delay in completion of proceedings)

1. The proceeding public administration or ((, in the case of

proceedings in which more than one administration intervenes,)) that

responsible for the delay and the persons referred to in Article 1, Paragraph 1-ter,

of Law No. 241 of August 7, 1990, in case of non-compliance with the

deadline for the conclusion of the administrative procedure initiated at

party petition, for which there is an obligation to make a ruling,

With the exclusion of cases of qualified silence and competitions

public, shall pay to the person concerned, by way of compensation for

the mere delay, a sum equal to 30 euros for each day of delay

with effect from the date of expiration of the time limit for the proceedings,

However, in total not more than 2,000 euros.

2. In order to obtain compensation, the claimant is required to.

Operate the replacement power provided for in Article 2, Paragraph 9-bis,

of Law No. 241 of 1990 within the ((peremptory)) time limit of ((twenty

days)) from the expiration of the deadline for the conclusion of the proceedings.

((In the case of proceedings in which more than one administration is involved,

the interested party submits an application to the proceeding administration, which the

promptly transmits to the holder of the power of substitution

Of the administration responsible for the delay)). The subjects of which

Article 1, paragraph 1b, of the same law identify for this

end the person responsible for the power of substitution.

3. In the event that the holder of the power of substitution also does not

Issue the measure within the time limit ((referred to in Article 2, para.

9-ter, of Act Aug. 7, 1990, no. 241,)) or non-liquid

The compensation accrued ((up to the date of the same settlement)),

the petitioner may appeal pursuant to Article 117 of the Code

of the administrative process in Annex 1 to the decree

Legislative Decree No. 104 of July 2, 2010, as amended,

Or, if the conditions are met, of Article 118 ((of))

same code.

4. In the judgment referred to in Article 117 ((of the code of which

Annex 1 to Legislative Decree No. 104 of July 2, 2010, and

subsequent amendments,)), may be brought jointly with the appeal

Against the silence, application for compensation. In that case,

that question is also dealt with in chambers and decided by

Simplified judgment.

5. In appeals referred to in paragraph 3, ((as well as in judgments of

opposition and in subsequent appeals,)) the contribution

unified is reduced by half and flows into the chapter referred to in

Article 37, paragraph 10, ((second sentence, of Decree-Law 6

July 2011, No. 98, converted, with amendments, by Law No. 15

July 2011, No. 111, as amended)) .

6. If the appeal is declared inadmissible or dismissed in

Relating to inadmissibility or manifest groundlessness

of the petition that initiated the proceedings, the judge, with

immediately enforceable ruling, orders the plaintiff to pay

In favor of the respondent a sum of two times to four times the

unified contribution.

7. The conviction against the administration is

communicated, by the Secretariat of the judge who pronounced it,

To the Court of Auditors for the purpose of management control over the public

administration, to the regional prosecutor of the Court of Auditors for

assessments of competence, as well as to the holder of the action

Disciplinary towards public employees affected by the proceedings

administrative.

8. In the notice of initiation of proceedings and in the

Information on the proceedings published in accordance with Article 35

Of Legislative Decree No. 33 of March 14, 2013, mention is made of the

right to compensation, as well as the manner and time limits for

achieve it ((, and are also indicated)) the person to whom it is

assigned the power of substitution and the terms assigned to it for

The conclusion of the proceedings.

9. In Article 2-bis of the ((Law No. 241 of August 7, 1990, and

as amended, the following shall be inserted after paragraph 1:

“(1-bis.)) Without prejudice to the provisions of paragraph 1 and excluding

Of the assumptions of qualified silence and public competitions, in

Case of non-compliance with the deadline for the conclusion of the procedure to

party petition, for which there is an obligation to make a ruling,

the petitioner is entitled to compensation for mere delay

under the conditions and in the manner prescribed by law or, on the

basis of the law, by a regulation issued under Art.

17, paragraph 2, of Act Aug. 23, 1988, no. 400. In that case, the sums

paid or payable as compensation shall be deducted

From compensation.”

1. The provisions of this article shall apply by way of

experimental and from the date of entry into force of the law of

conversion of this decree, to administrative proceedings

Relating to the initiation and operation of business activities initiated

after ((the same)) effective date.

1. The charges resulting from the implementation of this article

shall remain charged to the ordinary budgetary appropriations of each

administration concerned.

2. Eighteen months after the entry into force of the law of

conversion of this decree and based on the monitoring

Concerning its implementation, by regulation issued pursuant to

Article 17, paragraph 2, of Law No. 400 of August 23, 1988, on

proposal of the Minister for Public Administration and

Simplification, in consultation with the Minister of Economic and

Finance, after consultation with the ((Unified Conference, referred to in Article 8 of the

Legislative Decree No. 281 of August 28, 1997, and subsequent

amendments, are established))) confirmation, remodeling, including

with respect to excluded administrative proceedings, or the termination

of the provisions of this article, as well as possibly the

term from which the provisions contained therein are

applied, even gradually, to different administrative procedures

From those identified in paragraph 10 ((of this article)).