Delegated powers to the government on the reorganization of public administrations

Art. 1 Digital Citizenship Charter

In order to guarantee citizens and businesses, including through the use of information and communication technologies, the right to access all data, documents and services of interest to them in digital mode, as well as in order to ensure simplification in access to personal services, reducing the need for physical access to public offices, the Government is delegated to adopt, within twelve months from the date of entry into force of this law, with unchanged human, financial and instrumental resources available under current legislation, one or more legislative decrees aimed at amending and supplementing, also by providing for its delegation, the digital administration code, referred to in Legislative Decree March 7, 2005, no. 82, hereinafter referred to as “CAD,” in accordance with the following principles and guiding criteria:

1. (a) Identify tools to define the minimum level of security, quality, usability, accessibility and timeliness of online services of public administrations; to this end, provide special penalty and reward regimes for the administrations themselves;
2. (b) redefine and simplify administrative procedures, in relation to the need for speed, time certainty and transparency to citizens and businesses, through a discipline based on their digitization and for the full realization of the “digital first” principle, as well as the organization and internal procedures of each administration;
3. c) guaranteeing, in line with the objectives of the Digital Agenda for Europe, the availability of broadband and ultrawideband connectivity and access to the Internet at public offices and other places that, due to their function, require the aforementioned endowments, also by giving priority, in the calls for access to public funding for the implementation of the Italian ultrawideband strategy, to infrastructure with ultrawideband networks in the school, health and tourism sectors, facilitating in the latter sector the realization of a single free-access wi-fi network, with authentication through the Public System for Digital Identity Management (SPID), present in all places of special tourist interest, and providing for the possibility of extending the service to non-residents of Italy, as well as providing that the portion of bandwidth not used by public offices be made available to users, including non-residents, through an authentication system through SPID; guaranteeing free access to and reuse of all information produced and held by public administrations in open format, digital literacy, participation by telematic means in the decision-making processes of public institutions, full availability of electronic payment systems as well as the reduction of the digital divide by developing basic digital skills;
4. (d) redefine the Public Connectivity System in order to simplify the rules for application cooperation between public administrations and encourage private parties to join the System, ensuring the security and resilience of systems;
5. (e) define the criteria for digitizing the performance measurement and evaluation process to enable nationwide coordination;
6. (f) coordinating and rationalizing the existing legal provisions on online identification, communication and authentication tools with the regulations set forth in Article 64 of the CAD and its implementing legislation on SPID, also in order to promote adherence by public administrations and individuals to the aforementioned SPID;
7. g) encourage the election of a digital domicile by citizens and businesses for the purpose of interaction with administrations, including through non-repudiatory communication systems, guaranteeing the adoption of suitable solutions to allow their use even in the case of the unavailability of adequate infrastructure and communication devices or an inadequate level of computer literacy, so as to ensure, also, full accessibility through the introduction, compatibly with budgetary constraints, of specific and peculiar modalities, such as, among others, those relating to the Italian language of signs; h) to simplify the conditions for the exercise of rights and access to services of interest to citizens and to ensure the knowability of the legislation and instruments of support for motherhood and parenthood corresponding to the profile of applicants, through the use of the website of the National Institute of Social Security connected with the websites of regional and local administrations, which can be activated at the time of the registry registration of the daughter or son born or adopted, according to modalities and procedures that guarantee the certainty and confidentiality of data;
8. (i) rationalize the tools of coordination and collaboration of public administrations in order to achieve objectives of optimizing spending in digitization processes by favoring the use of open source software, taking into account, however, a technical-economic assessment of available solutions, as well as’ energy-saving objectives;
9. (l) streamline the mechanisms and structures deputed to governance in digitization in order to simplify decision-making processes;
10. (m) simplify how technical rules are adopted and ensure the technological neutrality of CAD provisions, while simplifying the CAD itself so that it contains only general principles;
11. n) redefine the competencies of the managerial office referred to in Article 17, paragraph 1, of the CAD, with the provision of the possibility of placement under the direct dependence of the top political body of a manager identified within the current de facto staffing of the same office, with appropriate technological and managerial skills, for the transition to the digital mode of operation and the consequent reorganization processes aimed at the realization of a digital and open administration, easily usable and quality services, through greater efficiency and cost-effectiveness;
12. o) adapt the text of existing provisions to the provisions adopted at the European level, in order to ensure their consistency, and formally and substantially coordinate the text of existing provisions, including those contained in measures other than the CAD, making the necessary changes to ensure the legal, logical and systematic consistency of the legislation and to adapt, update and simplify the regulatory language and coordinate special disciplines with the principles of the CAD in order to ensure their full explication;
13. (p) bring the system in line with the European framework for electronic identification and trust services for electronic transactions;
14. (q) provide that digital and electronic payments made by any payment method, including the use for micropayments of telephone credit, shall be the primary means for payments due to the public administration and utilities;
15. (r) explicitly indicate the repealed rules, without prejudice to the application of Article 15 of the provisions on the law in general preface to the Civil Code. The legislative decrees referred to in paragraph 1 are adopted on the proposal of the Minister delegated for simplification and public administration, after obtaining the opinion of the Unified Conference referred to in Article 8 of Legislative Decree No. 281 of August 28, 1997, and the opinion of the Council of State, which are rendered within forty-five days from the date of transmission of each legislative decree outline, after which the Government may proceed anyway. The outline of each legislative decree is then forwarded to the Houses of Parliament for the expression of the opinions of the Parliamentary Committee for Simplification and the parliamentary committees responsible for the subject matter and financial profiles, which are rendered within sixty days from the date of transmission, after which the legislative decree may still be adopted. If the deadline for the opinion falls in the thirty days preceding the expiration of the deadline provided for in paragraph 1 or thereafter, the deadline is extended by ninety days. If the Government does not intend to comply with the parliamentary opinions, it shall resubmit the texts to the Chambers with its comments and any amendments, accompanied by the necessary supplementary information and justifications. The relevant commissions may comment on the Government’s observations within ten days from the date of re-transmission. After this deadline, the decrees may still be adopted. Within twelve months from the date of entry into force of each of the legislative decrees referred to in paragraph 1, the Government may adopt, in accordance with the guiding principles and criteria and the procedure set forth in this article, one or more legislative decrees containing supplementary and corrective provisions.

 

Art. 2 Service Conference

The government is delegated to adopt, within twelve months from the date of entry into force of this law, a legislative decree to reorganize the regulations on service conferences, in accordance with the following principles and guiding criteria:

1. (a) Redefinition and reduction of cases in which the convening of the service conference is mandatory, also based on the complexity of the proceedings;
2. (b) redefinition of the types of conferences, also in order to introduce models of public inquiry to ensure the participation, including telematics, of interested parties in the proceedings, limited to cases of the adoption of measures of general interest, as an alternative to the provisions of Article 10 of Law No. 241 of August 7, 1990, and in accordance with the principles of economy, proportionality and speed of administrative action;
3. (c) shortening the time limits for convening, acquiring the required consent documents, and adopting the reasoned determination to conclude the proceedings;
4. (d) certainty of the timing of the conference, i.e., the need for any type of service conference to have a certain duration, including the imposition on all participants of a burden of clarity and unambiguity of the conclusions expressed;
5. (e) regulation of participation in the service conference aimed at:

1) Ensure forms of coordination or unified representation of the administrations concerned;

(2) provide for the participation in the conference of a single representative of state administrations, designated, for outlying offices, by the head of the State Territorial Office referred to in Article 8 (1) (e);

1. (f) regulation of the calculation of attendance and majorities aimed at ensuring the speed of the work of the conference;
2. (g) provision that the consent of administrations, including those responsible for the protection of health, historical-artistic heritage and the environment, which, by the end of the work of the conference, have not expressed themselves in the forms prescribed by law, shall in any case be deemed to have been acquired;
3. (h) simplification of the work of the service conference, including through the provision of the obligation to convene and conduct it by computer tools and the possibility for the proceeding administration to acquire and examine the interests involved in asynchronous telematic mode;
4. (i) differentiation of the manner of conducting the work of the conference, according to the principle of proportionality, providing only for cases of complex proceedings the convening of meetings in presence;
5. (l) revision of decision-making mechanisms, with the provision of the principle of the prevalence of the positions expressed at the conference for the adoption of the reasoned determination of the conclusion of the proceedings in cases of decisional conferences; clarification of the powers of the proceeding administration, particularly in cases of non-expression of the acts of assent or dissent by the competent administrations;
6. (m) possibility for administrations to ask the proceeding administration to make determinations by way of self-protection pursuant to Articles 21-quinquies and 21-nonies of Law No. 241 of August 7, 1990, as amended, provided that they have participated in the service conference or have expressed themselves within the time limits;
7. n) definition, in compliance with the principles of reasonableness, economy and loyal cooperation, of mechanisms and time limits for the technical assessment and necessary settlement of public interests in cases where the law provides for the participation in the procedure of the administrations in charge of the protection of the environment, landscape, historical-artistic heritage, health or public safety, so as to reach in any case the conclusion of the procedure within the prescribed time limits; provision for the aforementioned administrations to activate review procedures;
8. (o) Coordination of the general provisions of Articles 14, 14-bis, 14-ter, 14-quater and 14-quinquies of Law No. 241 of August 7, 1990, with the sector regulations governing the conduct of the service conference;
9. (p) coordination of the provisions on service conference with those of Article 17-bis of Law No. 241 of August 7, 1990, introduced by Article 3 of this law;
10. (q) definition of strict limits and deadlines for requests for documentary additions or clarifications, providing that beyond the deadline such requests cannot be processed, nor can they in any way be taken into consideration for the purpose of defining the final measure. The legislative decree referred to in Paragraph 1 is adopted on the proposal of the Minister delegated for simplification and public administration, after obtaining the opinion of the Unified Conference referred to in Article 8 of Legislative Decree 281 of August 28, 1997, and the opinion of the Council of State, which are rendered within forty-five days from the date of transmission of the legislative decree outline, after which the Government may proceed. The legislative decree outline is then forwarded to the Houses of Parliament for the expression of the opinions of the parliamentary committees responsible for the subject matter and financial profiles and the Parliamentary Committee for Simplification, which are rendered within sixty days from the date of transmission, after which the legislative decree may still be adopted. If the deadline for the opinion falls in the thirty days preceding the expiration of the deadline provided for in paragraph 1 or later, the deadline is extended by ninety days. If the Government does not intend to comply with the parliamentary opinions, it shall resubmit the text to the Chambers with its comments and any amendments, accompanied by the necessary supplementary information and justifications. The relevant commissions may comment on the Government’s observations within ten days from the date of re-transmission. After this deadline, the decree may still be adopted. Within twelve months from the date of entry into force of the legislative decree referred to in paragraph 1, the Government may adopt, in accordance with the guiding principles and criteria and the procedure referred to in this article, one or more legislative decrees containing supplementary and corrective provisions.

 

Art. 3 Silence of consent between public administrations and between public administrations and operators of public goods or services

In Law No. 241 of August 7, 1990, the following is inserted after Article 17: “Article 17-bis (Silence of consent between public administrations and between public administrations and operators of public goods or services).

– In cases where the acquisition of assents, concurrence or nulla osta, however denominated, of public administrations and managers of public goods or services is required, for the adoption of regulatory and administrative measures falling under the competence of other public administrations, the competent administrations or managers shall communicate their assent, concurrence or nulla osta within thirty days from the receipt of the outline of the measure, accompanied by the relevant documentation, by the proceeding administration. The time limit shall be interrupted if the administration or operator that is to render its assent, agreement or nulla osta represents investigative needs or requests for amendments, justified and formulated in a timely manner within the same time limit. In such a case, the assent, concert or nulla osta shall be rendered within the next thirty days from the receipt of the preliminary elements or outline of the measure; no further interruption of time limits shall be allowed. Once the deadlines referred to in Paragraph 1 have elapsed without notice of the assent, agreement or clearance, the same shall be deemed to have been acquired. If there is no agreement between the state administrations involved in the procedures referred to in paragraph 1, the President of the Council of Ministers, after deliberation by the Council of Ministers, shall decide on the amendments to be made to the draft measure. The provisions of paragraphs 1 and 2 shall also apply to cases in which the acquisition of consents, concerts or clearances however denominated of administrations in charge of environmental, landscape-territorial, cultural heritage and citizens’ health protection is required for the adoption of regulatory and administrative measures within the competence of public administrations. In such cases, where provisions of the law or the measures referred to in Article 2 do not provide for a different time limit, the time limit within which the competent administrations shall communicate their assent, agreement or nihil obstat is ninety days from the receipt of the request by the proceeding administration. After the aforementioned time limits have elapsed without communication of the assent, concert or nulla osta, the same shall be deemed to have been acquired. The provisions of this article shall not apply in cases where provisions of European Union law require the adoption of express measures.”

 

Art. 4 Rules for the simplification and acceleration of administrative procedures

By regulation to be issued, pursuant to Article 17, paragraph 2, of Law No. 400 of August 23, 1988, as amended, after agreement in the Unified Conference referred to in Article 8 of Legislative Decree No. 281 of August 28, 1997, within one hundred and eighty days from the date of entry into force of this law, rules are dictated for the simplification and acceleration of administrative procedures, based on the following general rules governing the matter:

1. (a) identification of the types of administrative proceedings, relating to major production facilities, works of general interest or the start of business activities, to which the measures in (c) et seq. may be applied;
2. (b) concrete identification by the President of the Council of Ministers, after deliberation by the Council of Ministers, within the types of proceedings indicated in (a), of individual interventions with positive effects on the economy or employment for which to adopt the measures referred to in (c) et seq;
3. (c) provision, for each procedure, of the relevant time limits, reduced by no more than 50 percent from those applicable under Article 2 of Law No. 241 of August 7, 1990, as amended;
4. (d) for the proceedings referred to in (b), granting, after deliberation by the Council of Ministers, substitute powers to the President of the Council of Ministers or his delegate;
5. (e) provision, for proceedings in which administrations of the regions and local authorities are involved, of appropriate forms of liaison for the definition of substitute powers referred to in (d);
6. (f) definition of the criteria for identifying staff in service in public administrations, with specific technical and administrative skills, who may be used by the holders of the replacement powers referred to in paragraph (d) without recognition of additional remuneration over and above those in enjoyment and without new or greater burdens on public finance.

 

Article 5 Certified report of commencement of activities, silence consent, express authorization and prior communication

The Government is delegated to adopt, within twelve months from the date of entry into force of this law, one or more legislative decrees for the precise identification of the procedures subject to certified notification of the start of activities or silence of consent, pursuant to Articles 19 and 20 of Law Aug. 7, 1990, no. 241, as well as those for which express authorization is required and those for which prior notice is sufficient, on the basis of the guiding principles and criteria inferable from the same articles, the principles of European Union law relating to access to service activities and the principles of reasonableness and proportionality, also introducing the general regulation of activities not subject to express prior authorization, including the definition of the modalities for the submission and standard contents of the acts of the interested parties and the conduct of the procedure, including telematics, as well as the tools for documenting or certifying the effects produced by the aforementioned acts, and also providing for the obligation to notify the interested parties, upon the submission of an application, of the terms within which the administration is required to respond or within which the silence of the administration is equivalent to acceptance of the application. The legislative decrees referred to in paragraph 1 are adopted on the proposal of the Minister delegated for simplification and public administration, in agreement with the Minister of the Interior in relation to the authorizations provided for in the Consolidated Law on Public Security, referred to in Royal Decree June 18, 1931, no. 773, subject to agreement, pursuant to Article 3 of Legislative Decree No. 281 of August 28, 1997, at the Unified Conference referred to in Article 8 of the same Legislative Decree No. 281 of 1997 and subject to the opinion of the Council of State, which is rendered within thirty days from the date of transmission of each legislative decree outline, after which the Government may still proceed. The outline of each legislative decree is then forwarded to the Houses of Parliament for the expression of the opinions of the parliamentary committees responsible for the subject matter and financial profiles and the Parliamentary Committee for Simplification, which shall give their opinions within sixty days from the date of transmission, after which the legislative decree may still be adopted. If the deadline for the opinion falls in the thirty days preceding the expiration of the deadline provided for in paragraph 1 or later, the deadline is extended by ninety days. If the Government does not intend to comply with the parliamentary opinions, it shall resubmit the texts to the Chambers with its comments and any amendments, accompanied by the necessary supplementary information and justifications. The relevant commissions may comment on the Government’s observations within ten days from the date of re-transmission. After this deadline, the decrees may still be adopted. Within twelve months from the date of entry into force of each of the legislative decrees referred to in paragraph 1, the Government may adopt, in accordance with the guiding principles and criteria and the procedure set forth in this article, one or more legislative decrees containing supplementary and corrective provisions.

 

Article 6 Administrative self-protection

The following amendments are made to Law No. 241 of August 7, 1990:

3. a) in Article 19, paragraphs 3 and 4 shall be replaced by the following: “3. The competent administration, in case of ascertained lack of the requirements and prerequisites referred to in paragraph 1, within sixty days from the receipt of the report referred to in the same paragraph, shall adopt reasoned measures to prohibit the continuation of the activity and to remove any harmful effects thereof. If it is possible to bring the activity undertaken and its effects into conformity with the regulations in force, the competent administration, by a reasoned act, shall invite the private party to take action, ordering the suspension of the activity undertaken and prescribing the necessary measures with the establishment of a time limit of not less than thirty days for the adoption of the latter. Failing the adoption of the measures themselves, after the aforementioned deadline has passed, the activity shall be deemed prohibited. Once the time limit for the adoption of the measures referred to in paragraph 3, first sentence, or in paragraph 6-bis has expired, the competent administration shall nonetheless adopt the measures provided for in the same paragraph 3 in the presence of the conditions provided for in Article 21-nonies.”
4. (b) in Article 21: 1) in paragraph 1, the word: “report” shall be replaced by the word: “report”; 2) paragraph 2 shall be repealed;
5. (c) in Article 21-quater, paragraph 2, the following sentence shall be added at the end: “The suspension may not, however, be ordered or continue beyond the time limits for the exercise of the power of annulment referred to in Article 21-nonies.”
6. d) in Article 21-nonies: 1) in paragraph 1, after the words: “within a reasonable period of time” the following shall be inserted: “, in any case not exceeding eighteen months from the time of the adoption of the measures of authorization or granting of economic benefits, including cases in which the measure has been formed pursuant to Article 20,”; 2) after paragraph 2 the following shall be added: “2-bis. Administrative measures obtained on the basis of false representations of fact or false or mendacious declarations in lieu of certification and affidavit as a result of conduct constituting a crime, ascertained by a final judgment, may be annulled by the administration even after the expiration of the eighteen-month period referred to in paragraph 1, without prejudice to the application of criminal sanctions as well as the sanctions provided for in Chapter VI of the Consolidated Text referred to in Presidential Decree No. 445 of December 28, 2000.” In Article 1 of Law No. 311 of December 30, 2004, paragraph 136 is repealed.

 

Art. 7 Review and simplification of provisions on corruption prevention, publicity and transparency

The Government is delegated to adopt, within six months from the date of entry into force of this law, one or more legislative decrees containing provisions supplementing and correcting Legislative Decree No. 33 of March 14, 2013, on public disclosure, transparency and dissemination of information by public administrations, in accordance with the guiding principles and criteria established by Article 1, paragraph 35, of Law No. 190 of November 6, 2012, as well as the following principles and guiding criteria:

1. (a) Redefinition and clarification of the subjective scope of application of transparency obligations and measures;
2. (b) provision of organizational measures, without new or increased burdens on public finance, including for the purpose of performance evaluation, for the publication on the institutional website of the entity to which it belongs of information concerning: 1) the stages of the procedures for the award and execution of public contracts; 2) the average waiting time for health care services of each facility of the National Health Service; 3) the average time of payments for purchases of goods, services, professional services and supplies, the total amount of debts and the number of creditor companies, updated periodically; 4) the determinations of the evaluation body;
3. (c) reduction and concentration of burdens on governments, subject to the provisions on verification, control and sanctions;
4. d) clarification of the contents and procedure for the adoption of the National Anti-Corruption Plan, corruption prevention plans and the annual report of the head of corruption prevention, including through the amendment of the relevant legislative framework, also for the purpose of greater effectiveness of controls during implementation, differentiation by sector and size, coordination with performance measurement and evaluation tools as well as the identification of the main risks and their remedies; consequent redefinition of the roles, powers and responsibilities of internal subjects involved in the relevant processes;
5. (e) Rationalization and clarification of the obligations to publish on the institutional website, with a view to eliminating duplication and allowing such obligations to be fulfilled through full or partial disclosure of databases held by public administrations;
6. (f) definition, in relation to the needs related to the performance of institutional tasks and without prejudice to the provisions of Article 31 of Law No. 124 of August 3, 2007, as amended, of the rights of Members of Parliament inherent in access to administrative documents and verification of the application of the rules on administrative transparency, as well as the limits arising from secrecy or prohibition of disclosure and cases of exclusion to protect public and private interests;
7. (g) identification of persons responsible for imposing penalties for violating transparency obligations;
8. h) without prejudice to the obligations of publication, recognition of freedom of information through the right of access, also by telematic means, of anyone, regardless of the ownership of legally relevant situations, to data and documents held by public administrations, except in cases of secrecy or prohibition of disclosure provided for by law and in compliance with the limits relating to the protection of public and private interests, in order to encourage widespread forms of control over the pursuit of institutional functions and the use of public resources; simplification of the registration procedures in the lists of suppliers, service providers and executors of works not subject to attempts of mafia infiltration established pursuant to Article 1, paragraph 52, of Law November 6, 2012, no. 190, as amended, with amendments to the relevant regulations, through the unification or interconnection of the databases of the competent central and peripheral administrations, and provision for a six-monthly monitoring system, aimed at updating the lists established at the Prefectures – Territorial Offices of the Government; provision of sanctions against administrations that fail to comply with regulatory provisions on access, procedures for appeals to the National Anti-Corruption Authority on civic access and on access under this letter, as well as judicial protection under Article 116 of the Administrative Process Code, referred to in Annex 1 of Legislative Decree July 2, 2010, no. 104, as amended. The legislative decrees referred to in Paragraph 1 are adopted upon the proposal of the Minister delegated for simplification and public administration, after obtaining the opinion of the Unified Conference referred to in Article 8 of Legislative Decree 281 of August 28, 1997, and the opinion of the Council of State, which are rendered within forty-five days from the date of transmission of each legislative decree outline, after which the Government may proceed anyway. The outline of each legislative decree is then forwarded to the Houses of Parliament for the expression of the opinions of the Parliamentary Committee for Simplification and the parliamentary committees responsible for the subject matter and financial profiles, which are rendered within sixty days from the date of transmission, after which the legislative decree may still be adopted. If the deadline for the opinion falls in the thirty days preceding the expiration of the deadline provided for in paragraph 1 or later, the deadline is extended by ninety days. If the Government does not intend to comply with the parliamentary opinions, it shall resubmit the texts to the Chambers with its comments and any amendments, accompanied by the necessary supplementary information and justifications. The relevant commissions may comment on the Government’s observations within ten days from the date of re-transmission. After this deadline, the decrees may still be adopted. Pending the implementation of the single national system referred to in Article 2, Paragraph 82, of Law No. 24 of December 2007. 244, the Government is delegated to adopt, within eight months from the date of entry into force of this law, one or more legislative decrees for the restructuring and rationalization of expenses related to the services referred to in Article 5, paragraph 1, letter i-bis), of the Consolidated Text referred to in Presidential Decree No. 115 of May 30, 2002, even if rendered prior to the date of entry into force of this law, according to the following guiding principles and criteria: a) revision of the list items for mandatory services, taking into account the evolution of costs and services, in accordance with the following principles and criteria 115, even if rendered prior to the date of entry into force of this law, according to the following guiding principles and criteria: a) revision of the list items for mandatory services, taking into account the evolution of costs and services, so as to achieve cost savings of at least 50 percent compared to the rates established by the decree of the Minister of Communications April 26, 2001, published in the Official Gazette no. 104 of May 7, 2001; b) adoption of a fee schedule for the services functional to wiretapping operations on the basis of the average cost per type of service recorded by the judicial administration in the previous two-year period, in order to achieve an overall cost saving of at least 50 percent; c) definition of the criteria and procedures for the adjustment of fees related to wiretapping operations as a result of scientific, technological and organizational innovations; d) harmonization of the provisions set forth in the Consolidated Text referred to in Presidential Decree No. 115, regarding the settlement of interception expenses, also with a view to speeding up payment operations; e) repeal of any other previous provisions incompatible with the principles set forth in this paragraph. The legislative decrees referred to in Paragraph 3 shall be adopted upon the proposal of the Minister of Justice, after obtaining the opinion of the Council of State, which shall be rendered within forty-five days from the date of transmission of each legislative decree outline, after which the Government may proceed anyway. The outline of each legislative decree is then forwarded to the Houses of Parliament for the expression of the opinions of the parliamentary committees responsible for the subject matter and financial profiles, which shall give their opinions within sixty days from the date of transmission, after which the legislative decree may still be adopted. If the deadline for the opinion falls in the thirty days preceding the expiration of the deadline provided for in paragraph 3 or thereafter, the deadline is extended by ninety days. If the Government does not intend to comply with the parliamentary opinions, it shall resubmit the texts to the Chambers with its comments and any amendments, accompanied by the necessary supplementary information and justifications. The relevant commissions may comment on the Government’s observations within ten days from the date of re-transmission. After this deadline, the decrees may still be adopted. Within twelve months from the date of entry into force of each of the legislative decrees referred to in paragraphs 1 and 3, the Government may adopt, in accordance with the guiding principles and criteria and the procedure set forth in this article, one or more legislative decrees containing supplementary and corrective provisions.

 

Chapter II ORGANIZATION

Article 8 Reorganization of state administration.

The government is delegated to adopt, within 12 months from the effective date of this law, one or more legislative decrees to amend the regulations of the Prime Minister’s Office, ministries, national government agencies and national noneconomic public entities. The legislative decrees shall be adopted in accordance with the following guiding principles and criteria:

1. (a) with reference to central and peripheral administration: reduction of offices and personnel, including managerial staff assigned to instrumental activities, subject to the needs related to possible processes of reinternalization of services, and correlative strengthening of offices that provide services to citizens and businesses; preference in any case, subject to proven impossibility, for the unitary management of instrumental services, through the establishment of common offices and subject to the possible location of offices in common or contiguous buildings; reorganization, unification or suppression of offices and bodies in order to eliminate duplication or overlap of structures or functions, adopt the measures resulting from the reconnaissance referred to in Article 17, paragraph 1, of Decree-Law June 24, 2014, no. 90, converted, with amendments, by Law No. 114 of August 11, 2014, and complete the implementation of Article 20 of the same Decree-Law No. 90 of 2014, in accordance with principles of simplification, efficiency, expenditure containment and reduction of bodies; rationalization and enhancement of the effectiveness of police functions also in function of a better cooperation on the territory in order to avoid overlapping of competences and to favor the associated management of instrumental services; establishment of the single European number 112 throughout the national territory with operational centers to be implemented in the regional area, according to the modalities defined with the protocols of understanding adopted pursuant to Article 75-bis, paragraph 3, of the code referred to in Legislative Decree August 1, 2003, no. 259; reorganization of the police functions of protection of the environment, land and sea, as well as in the field of safety and controls in the agri-food sector, resulting from the reorganization of the State Forestry Corps and its possible absorption into another Police Force, without prejudice to the competences of the same Forestry Corps in the field of active fight against forest fires and extinguishing them by aerial means to be attributed to the National Fire Brigade Corps with the related resources and without prejudice to the guarantee of the current levels of protection of the environment, land and sea and agri-food safety and the safeguarding of existing professionalism, specialties and the unity of the functions to be attributed, ensuring the necessary correspondence between the functions transferred and the transit of the relevant personnel; consequent amendments to the personnel regulations of the Police Forces referred to in Article 16 of Law No. 121, in adherence to the new functional and organizational structure, including through: 1) the revision of the regulations on recruitment, legal status and career progression, taking into account merit and professionalism, with a view to the simplification of the relevant procedures, providing for the possible unification, suppression or establishment of roles, grades and qualifications and the redetermination of the relevant staffing levels, including the overall staffing levels of each Police Force, on the basis of the needs of functionality and the actual size on the date of entry into force of this law, without prejudice to the hiring powers provided for on the same date, as well as ensuring the maintenance of the substantial equiordination of the personnel of the Police Forces and the related economic treatments, also in relation to the necessary transitional provisions, without prejudice to the ordinamental and functional peculiarities of the personnel of each Police Force, as well as the contents and principles referred to in Article 19 of Law no. 4 November 2010, no. 183, and taking into account the delegation criteria of this law, to the extent compatible; 2) in the event of the absorption of the State Forestry Corps, also with a view to rationalization of costs, the transit of personnel in the relevant Police Force, as well as the option of transit, in a limited quota, subject to determination of the relevant modalities, in the other Police Forces, in consequent correspondence of the functions attributed to them and already carried out by the same personnel, with the assumption of the relevant condition, or in other public administrations, referred to in Article 1, paragraph 2, of Legislative Decree No. 165 of March 30, 2001, as amended, with the transfer of the relevant financial resources, with transfer of the corresponding financial resources, insofar as compatible; or in other public administrations, referred to in Article 1, paragraph 2, of Legislative Decree No. 165, as amended, within the framework of the relevant staffing, with transfer of the corresponding financial resources. This is without prejudice to the payment, in the form of an ad personam allowance reabsorbable with the subsequent economic improvements, for whatever reason achieved, of the difference, limited to fixed and continuous items, between the economic treatment received and that paid in relation to the legal and economic position of assignment; 3) the use, subject to verification by the Department of the State General Accounting Office of the Ministry of the Economy and Finance, of a portion of the savings in expenses of a permanent nature, not exceeding 50 percent, resulting to the Police Force from the implementation of this letter, without prejudice to the provisions of Article 23 of this law, also taking into account the provisions of Article 3, paragraph 155, second sentence, of Law 24 December 2003, no. 350; 4) provision for the technical personnel of the State Forestry Corps to also carry out the functions of phytosanitary inspector referred to in Article 34 of Legislative Decree August 19, 2005, no. 214, and subsequent amendments; reorganization of the provincial police corps, in line with the definition of the structure of the functions set forth in Law No. 56 of April 7, 2014, excluding in any case the confluence in the Police Forces; optimization of the effectiveness of the functions of the National Fire Department, through amendments to Legislative Decree No. 139 of March 8, 2006, in relation to the functions and duties of the permanent and volunteer personnel of the same Corps and consequent revision of Legislative Decree No. 217, including through the abolition and modification of existing roles and qualifications and the possible establishment of new appropriate roles and qualifications, with the consequent redetermination of the relevant staffing levels and the use, subject to verification by the Department of the General State Accountancy of the Ministry of Economy and Finance, of a portion of the savings in expenditure of a permanent nature, not exceeding 50 percent, resulting for the National Fire Department from the implementation of this delegation, without prejudice to the provisions of Article 23 of this law;
2. (b) with reference to the forces operating at sea, without prejudice to the organization, including logistical, and the performance of police functions and tasks by the Police Forces, elimination of organizational, logistical and functional duplications, as well as optimization of means and infrastructure, including through mandatory forms of associated management, with strengthening of coordination between the Harbour Master Corps and the Navy, with a view to possible greater integration;
3. (c) with reference only to the central government, apply the guiding principles and criteria set forth in Articles 11, 12 and 14 of Law No. 59, as amended, as well as, for the sole purpose of implementing Article 95 of the Constitution and adapting the provisions of Article 5 of Law No. 400 of August 23, 1988, define: 1) the regulatory and administrative powers functional to the maintenance of the unity of direction and the promotion of the activity of Ministers by the President of the Council of Ministers; 2) the powers of the Presidency of the Council of Ministers in the analysis, definition and evaluation of public policies; 3) the procedures of designation or appointment of direct or indirect competence of the Government or individual Ministers, so as to ensure that the choices, when also to be formalized by measures of individual Ministers, are subject to examination in the Council of Ministers 4) the regulation of the offices of direct collaboration of Ministers, deputy ministers and undersecretaries of State, with determination by the President of the Council of Ministers of the financial resources allocated to the aforementioned offices, in relation to the attributions and size of the respective ministries, also in order to ensure adequate professional qualification of the relevant personnel, with possible reduction in number and publication of data on the institutional websites of the relevant administrations; 5) competences in the field of supervision of national government agencies, in order to ensure the effective exercise of the powers of the Presidency of the Council of Ministers, in compliance with the principle of separation between political direction and management; 6) rationalization with possible suppression of ministerial offices whose functions overlap with those proper to the independent authorities and vice versa; identification of homogeneous criteria for determining the economic treatment of the members and staff of the independent authorities, so as to avoid greater burdens on public finance, safeguarding their relative professionalism; identification of homogeneous criteria for the financing of the same authorities, such as to avoid greater burdens on public finance, through the participation, where not currently provided for, of enterprises operating in the relevant sectors and services, or in any case regulated or supervised; 7) introduction of greater flexibility in the discipline relating to the organization of ministries, to be achieved by simplifying the procedures for the adoption of organizational regulations, also by modifying the competence to adopt them; introduction of amendments to Legislative Decree no. 300, in order to allow the transition from the model of departments to that of the secretary general and vice versa in relation to the needs of coordination; definition of the aforementioned interventions, ensuring in any case the financial compatibility of the same, including through the express provision for the participation in the related procedures of the subjects institutionally competent for this purpose;
4. (d) with reference to the administrations responsible for motor vehicles: reorganization, for the purpose of reducing the costs associated with the management of data relating to the ownership and circulation of vehicles and the realization of significant savings for users, including through the transfer, after assessment of organizational and economic sustainability, of the functions performed by the offices of the Public Vehicle Register to the Ministry of Infrastructure and Transport, resulting in the introduction of a single filing mode aimed at the issuance of a single document containing data on the ownership and circulation of motor vehicles, motorcycles and trailers, to be pursued also through the possible establishment of an agency or other structure under the supervision of the Ministry of Infrastructure and Transport, without new or greater burdens on public finance; performance of the relevant functions with the human, financial and instrumental resources available under current legislation;
5. e) with reference to the Prefectures-Territorial Offices of the Government: on completion of the reorganization process, in conjunction with the criteria established by Article 10 of Decree-Law No. 95 of July 6, 2012, converted, with amendments, by Law No. 135 of August 7, 2012, and in harmony with the provisions contained in Law No. 56 of April 7, 2014, rationalization of the organizational network and revision of competencies and functions through the reduction of the number, taking into account the needs related to the implementation of Law No. 56, based on criteria related to territorial extension, resident population, the possible presence of the metropolitan city, characteristics of the territory, criminality, productive settlements, socio-economic dynamics, the phenomenon of immigrations on the frontline territories and border areas with migratory flows; transformation of the Prefecture-Territorial Office of the Government into a State Territorial Office, as a single point of contact between the peripheral administration of the State and citizens; attribution to the Prefect of responsibility for the provision of services to citizens, as well as functions of direction and coordination of the heads of the offices forming part of the State Territorial Office, possibly providing for the attribution to the same of substitutive powers, without prejudice to the separation between functions of active administration and control, and of representation of the state administration, also for the purpose of reorganization of the regulations on the services conference referred to in Article 2; coordination and harmonization of the provisions regarding the State Territorial Office, with elimination of overlaps and introduction of the changes necessary for this purpose; confluence in the State Territorial Office of all the peripheral offices of the civil administrations of the State; definition of the criteria for the identification and organization of the single headquarters of the State Territorial Office; identification of the competencies in matters of public order and security within the State Territorial Office, without prejudice to the provisions of Law No. 121; identification of the functional dependence of the prefect in relation to the powers exercised;
6. (f) with reference to national non-economic public bodies and private entities carrying out homogeneous activities: simplification and coordination of the rules regarding the sports system, with the preservation of its specificity; recognition of the peculiarities of sports for persons with disabilities and spin-off from the Italian National Olympic Committee (CONI) of the Italian Paralympic Committee with its transformation into an autonomous public law entity with no additional burden on public finance, in the provision that it use part of the financial resources currently available or allocated to CONI and make use for all instrumental activities, including human resources, of CONI Servizi spa, through a special service contract; provision for the personnel currently in service at the Italian Paralympic Committee to transfer to CONI Servizi spa; reorganization, rationalization and simplification of the regulations concerning port authorities under Law no. 84, with particular reference to the number, the identification of system authorities as well as governance taking into account the role of regions and local authorities and the simplification and unification of customs and administrative procedures regarding ports. By a decree of the President of the Council of Ministers, to be adopted within six months from the date of entry into force of the first of the legislative decrees referred to in paragraph 1, the criteria for the detailed and exhaustive reconnaissance, to be carried out one year after the adoption of the reorganization, amalgamation or suppression measures referred to in paragraph 1, letter a), are defined, of all functions and competencies attributed to state and local governments, including the offices and bodies subject to reorganization in accordance with the aforementioned paragraph 1, in order to simplify the exercise of public functions, according to criteria of transparency, efficiency, non-duplication and cost-effectiveness, and to coordinate and make efficient the relationship between state administration and local authorities. For the establishment of the single European number 112, referred to in paragraph 1, letter a), the expenditure of 10 million euros for the year 2015, 20 million euros for the year 2016 and 28 million euros annually from 2017 to 2024 is authorized. The related expense shall be provided for by a corresponding reduction in the appropriation of the special capital account fund entered, for the purposes of the 2015-2017 three-year budget, under the program “Reserve and special funds” of the mission “Funds to be allocated” of the budget of the Ministry of Economy and Finance for the year 2015, for the purpose of partially using the appropriation relating to the Ministry of the Interior. The Minister of Economy and Finance is authorized to make the necessary budgetary changes by his own decrees. The legislative decrees referred to in Paragraph 1 are adopted on the proposal of the Minister delegated for simplification and public administration, in agreement with the Minister of Economy and Finance and the Ministers concerned, after obtaining the opinion of the Unified Conference referred to in Article 8 of Legislative Decree No. 281 of August 28, 1997, and the opinion of the Council of State, which are rendered within forty-five days from the date of transmission of each legislative decree outline, after which the Government may proceed in any case. The outline of each legislative decree shall subsequently be transmitted to the Houses of Parliament for the expression of the opinions of the parliamentary committees responsible for the subject matter and financial profiles and the Parliamentary Committee for Simplification, which shall pronounce their opinions within sixty days from the date of transmission, after which the legislative decree may still be adopted. If the deadline for the opinion falls in the thirty days preceding the expiration of the deadline provided for in paragraph 1 or later, the deadline is extended by ninety days. If the Government does not intend to comply with the parliamentary opinions, it shall resubmit the texts to the Chambers with its comments and any amendments, accompanied by the necessary supplementary information and justifications. The relevant commissions may comment on the Government’s observations within ten days from the date of re-transmission. After this deadline, the decrees may still be adopted. Within twelve months from the date of entry into force of each of the legislative decrees referred to in paragraph 1, the Government may adopt, in accordance with the guiding principles and criteria and the procedure set forth in this article, one or more legislative decrees containing supplementary and corrective provisions. In the territories of the special statute regions and the autonomous provinces of Trento and Bolzano, all the powers attributed to the respective regional and provincial Forestry Corps shall remain intact, also with reference to public security and judicial police functions, in accordance with the regulations in force on the subject and without prejudice to different organizational determinations, to be taken by implementing rules of the special statutes, which in any case guarantee the coordination at the national level of police functions for the protection of the environment, land and sea, as well as security and controls in the agri-food sector. The functions attributed to the presidents of the aforementioned regions and autonomous provinces regarding prefectural functions, in accordance with the provisions of the respective special statutes and their implementing regulations, shall also remain unaffected.

Article 9 Provisions concerning the Order of Merit of the Italian Republic.

Law No. 178 of March 3, 1951, is amended as follows:

1. (a) in Article 2: 1) in the second paragraph, the word: “sixteen” shall be replaced by the following: “ten”; 2) the third paragraph shall be replaced by the following: “The Registrar and the members of the Council of the Order, appointed by decree of the President of the Republic, upon the proposal of the President of the Council of Ministers, after consultation with the Council of Ministers, shall hold office for six years and may not be confirmed”; 3) the fourth paragraph shall be repealed;
2. (b) the following shall be inserted after Article 2: “Article 2-bis. – The Chancellor and the members of the Council of the Order who exceed the term of office indicated in the third paragraph of Article 2 shall lapse from the date of the issuance of the decrees appointing new members. The powers attributed to the Council of the Order by Presidential Decree No. 458 of May 13, 1952, and by the Statute of the Order, as set forth in Presidential Decree No. 277 of October 31, 1952, published in the Official Gazette No. 277 of November 29, 1952, are devolved to the Council of the Order.”
3. (c) in Article 4, first paragraph, the words, “after hearing the Board of the Order,” shall be replaced by the following, “after hearing the Board of the Order.” Art. 10 Reorganization of the functions and financing of chambers of commerce, industry, handicrafts and agriculture The Government is delegated to adopt, within twelve months from the date of entry into force of this law, a legislative decree for the reform of the organization, functions and financing of chambers of commerce, industry, handicrafts and agriculture, including by amending Law No. 580 of December 29, 1993, as amended by Legislative Decree No. 23 of February 15, 2010, and the consequent reorganization of the provisions governing the relevant matter.
   The legislative decree is adopted in accordance with the following guiding principles and criteria: a) determination of the annual fee charged to companies taking into account the provisions of Article 28 of Decree-Law No. 90 of June 24, 2014, converted, with amendments, by Law No. 114; b) redefinition of territorial constituencies, reducing the number from the current 105 to no more than 60 by merging two or more chambers of commerce; possibility of retaining the individual chamber of commerce not merged on the basis of a minimum size threshold of 75.000 enterprises and local units registered or noted in the business register, safeguarding the presence of at least one chamber of commerce in each region, providing for the establishment of a chamber of commerce in each autonomous province and metropolitan city and, in cases of proven compliance with indicators of efficiency and economic balance, taking into account the geo-economic specificities of territories and territorial border districts, as well as definition of the conditions under which regional or interregional unions may be established; provision, without prejudice to the aforementioned maximum limit of territorial constituencies, of the conditions for the possible maintenance of chambers of commerce in the mountain provinces referred to in Article 1, paragraph 3, of Law No. 56, and, also by way of derogation from the minimum size thresholds, in the mountain territories of island regions lacking adequate infrastructure and public road and rail connections; provision of measures to ensure to the merged chambers of commerce the fiscal neutrality of operations resulting from the processes of amalgamation and from the sale and transfer of real estate and shareholdings, to be achieved through the possible exemption from all indirect taxes, with the exclusion of value added tax;
4. c) redefinition of tasks and functions, with particular regard to those of general and sectoral legal publicity, administrative simplification, market protection, limiting and identifying the areas of activity in which to carry out the function of promoting the territory and the local economy, as well as attributing to the chamber system specific powers, including those delegated by the State and the regions, eliminating duplications with other public administrations, limiting corporate shareholdings to those necessary for the performance of institutional functions as well as for the performance of competitive activities, for this purpose making explicit specific and binding criteria, progressively eliminating non-essential corporate shareholdings that can be managed according to criteria of efficiency by private entities;
5. (d) reorganization of the competencies related to the maintenance and enhancement of the business register at the chambers of commerce, with particular regard to the functions of promoting market transparency and legal advertising of businesses, ensuring the operational continuity of the national information system and unity of application and interpretation guidance through the coordinating role of the Ministry of Economic Development;
6. (e) definition by the Ministry of Economic Development, in consultation with the Unioncamere, of national quality standards for the performance of chambers of commerce, in relation to each core function, related services and the utility produced for businesses, as well as a monitoring system to be used by the Ministry of Economic Development to ensure compliance with the standards;
7. (f) reduction in the number of members of boards and councils and reorganization of the relevant regulations, including those on election criteria, so as to ensure adequate consultation with businesses, and on the limit on terms of office, as well as regional unions, special companies and subsidiaries; identification of criteria to ensure, in the event of amalgamation, balanced representation in chamber bodies of the associational bases of the amalgamated chambers of commerce, favoring the maintenance of services in the territory; reorganization of the discipline of the remuneration of the relevant bodies, providing for the gratuitousness of positions other than those on boards of auditors; definition of limits on the economic treatment of the top management of chambers of commerce and special companies;
8. (g) introduction of transitional regulations to take into account the mergers already decided on the date of entry into force of this law;
9. h) introduction of a transitional discipline that ensures financial sustainability, including with regard to ongoing projects for the promotion of economic activity abroad, and the maintenance of employment levels, and that contemplates substitutive powers to ensure the full implementation of the reform process, including through the appointment of commissioners in the event of non-compliance by the chambers of commerce. The legislative decree referred to in Paragraph 1 is adopted on the proposal of the Minister of Economic Development, in consultation with the Minister delegated for simplification and public administration and the Minister of Economy and Finance, after obtaining the opinion of the Unified Conference referred to in Article 8 of Legislative Decree No. 281 of August 28, 1997, and the opinion of the Council of State, which are rendered within forty-five days from the date of transmission of the legislative decree outline, after which the Government may proceed in any case. The legislative decree outline is then forwarded to the Houses of Parliament for the expression of the opinions of the parliamentary committees responsible for the subject matter and financial profiles, which are rendered within sixty days from the date of transmission, after which the legislative decree may still be adopted. If the deadline for the opinion falls in the thirty days preceding the expiration of the deadline provided for in paragraph 1 or thereafter, the same deadline shall be extended by ninety days. If the Government does not intend to comply with the parliamentary opinions, it shall resubmit the text to the Houses of Parliament with its comments and any amendments, accompanied by the necessary supplementary information and justifications. The relevant commissions may comment on the government’s observations within 10 days from the date of re-transmission. After this deadline, the decree may still be adopted. Within twelve months from the date of entry into force of the legislative decree referred to in paragraph 1, the Government may adopt, in accordance with the guiding principles and criteria and the procedure referred to in this article, one or more legislative decrees containing supplementary and corrective provisions.

 

Chapter III PERSONNEL

Art. 11 Public management

The government is delegated to adopt, within 12 months from the effective date of this law, except as provided in Article 17, paragraph 2, one or more legislative decrees on public management and performance evaluation of public offices. The legislative decrees shall be adopted in accordance with the following guiding principles and criteria:

1. (a) Establishment of the system of public management, articulated in unified and coordinated roles, united by homogeneous access requirements and similar recruitment procedures, based on the principle of merit, updating and continuous training, and characterized by full mobility between the roles, according to the provisions of paragraphs (b) to (q); Establishment of a database in which to enter the curriculum vitae, a professional profile and the results of evaluations for each manager of the roles referred to in paragraph b) and entrusting the Department of the Civil Service of the Presidency of the Council of Ministers with the maintenance of the database and the technical management of the roles, fed by the data provided by the administrations concerned;
2. (b) with reference to the grading: 1) of state executives: establishment of a single role of state executives at the Presidency of the Council of Ministers, into which the executives referred to in Article 2, paragraph 2, of Legislative Decree No. 165 of March 30, 2001, shall be included. 165, belonging to the roles of state administrations, national noneconomic public entities, state universities, public research entities and government agencies established pursuant to Legislative Decree No. 300 of July 30, 1999; exclusion from the same role of personnel under public law referred to in Article 3 of Legislative Decree No. 165; elimination of the distinction into two bands; provision, within the role, of sections for special professions; introduction of single roles also for the management of independent authorities, while respecting their full autonomy; on first application, confluence into the aforementioned roles of the tenured managers of the same administrations; exclusion from the aforementioned single roles of school management, with the exception of the special discipline on the recruitment and grading of the same; establishment, at the Department of the Civil Service of the Presidency of the Council of Ministers, of a Commission for State Managers, operating with full autonomy of evaluation, whose members are selected in such a way as to ensure their independence, tertiary nature, honorability and absence of conflicts of interest, with transparent procedures and differentiated deadlines, on the basis of requirements of merit and incompatibility with political and trade union offices; provision of the functions of the Commission, including the verification of compliance with the criteria for the granting of appointments and the actual use of evaluation systems for the purpose of granting and revocation of appointments; attribution of the functions of the Committee of Guarantors referred to in Article 22 of Legislative Decree No. 165 of March 30, 2001. 165, relating to state executives, to the aforementioned Commission, without new or greater burdens on public finance; 2) of the executives of the regions: Establishment, after agreement at the Permanent Conference for relations between the State, regions and autonomous provinces of Trento and Bolzano, of a single role of regional executives; on first application, confluence in the above-mentioned role of senior executives in the regions, regional non-economic public bodies and regional agencies; assignment of the management of the single role to a Commission for Regional Executives, based on the same criteria as in number 1) of this letter; inclusion in the aforementioned single role of the executives of the chambers of commerce, industry, handicrafts and agriculture and of the administrative, professional and technical executives of the National Health Service and exclusion from the same, without prejudice to the application of Article 15 of Legislative Decree No. 30 December 1992, no. 502, as amended, of medical, veterinary and health managers in the National Health Service; 3) of managers in local authorities: Establishment, after agreement in the State-Cities and Local Autonomies Conference, of a single role of managers of local authorities; on first application, confluence in the aforementioned role of tenured managers in local authorities; attribution of the management of the single role to a Commission for local management, on the basis of the same criteria as in number 1) of this letter; maintenance of the figure of the general manager referred to in Article 108 of the Consolidated Text referred to in Legislative Decree 18 August 2000, no. 267, in compliance with the provisions of Article 2, paragraph 186, letter d), of Law December 23, 2009, no. 191, and definition of the relevant requirements, without prejudice to the provisions of number 4) of this letter; 4) of municipal and provincial secretaries: Abolition of the figure; attribution to the management referred to in number 3) of the tasks of implementation of political policy, coordination of administrative activity and control of the legality of administrative action; maintenance of the rogatory function in the head of the top executives with the prescribed requirements; inclusion of those who, on the date of entry into force of the legislative decree adopted in implementation of the delegation of power referred to in this article, are registered in the national register of municipal and provincial secretaries referred to in Article 98 of the Consolidated Text referred to in Legislative Decree August 18, 2000, no. 267, in professional brackets A and B, in the single role of local government executives referred to in number 3) and suppression of the aforementioned roll; without prejudice to compliance with current legislation on the containment of personnel expenditures, specific discipline for those who are enrolled in the aforementioned professional brackets and are without tenure on the date of entry into force of the legislative decree adopted in implementation of the delegation of authority referred to in this article; specific discipline providing for confluence in the aforementioned single role after two years of actual exercise, including as an official, of secretarial functions or equivalent for those who are registered in the aforementioned register, in professional band C, and for the winners of competitive procedures for admission to the career access course already initiated on the date of entry into force of this law; without prejudice to compliance with the current legislation on the containment of personnel expenditure, obligation for local authorities to still appoint a top manager with tasks of implementation of political policy, coordination of administrative activity and control of the legality of administrative action, without new or greater burdens on public finance; provision that the appointments of top management positions cease if not renewed within ninety days from the date of installation of the executive bodies; provision for the possibility, for metropolitan cities and municipalities with a population over 100.000 inhabitants, to appoint, as an alternative to the top manager, a general manager pursuant to Article 108 of the aforementioned Consolidated Text referred to in Legislative Decree No. 267 of 2000 and provision, in this hypothesis, of entrusting the function of monitoring the legality of administrative action and the rogatory function to a tenured manager; provision, for municipalities with a smaller population size, of the obligation to manage the top management function in an associated manner, consistent with the provisions of Article 14 of Decree-Law No. 267 of May 31, 2010, no. 78, converted, with amendments, by Law No. 122 of July 30, 2010, and subsequent amendments; upon first application and for a period not exceeding three years from the date of entry into force of the legislative decree adopted to implement the delegation of power referred to in this article, obligation for local authorities without a general manager appointed pursuant to the aforementioned Article 108 of the Consolidated Text referred to in Legislative Decree No. 267 of 2000 to confer the post of top management with tasks of implementation of political policy, coordination of administrative activity, management of offices and control of the legality of administrative action to the aforementioned persons, already registered in the aforementioned register and merged into the role referred to in number 3), as well as to persons already registered in the register, in professional band C, and the winners of the career access course, already announced on the date of entry into force of this law, without new or greater burdens on public finance. For the Trentino-South Tyrol region, the special discipline provided for municipal secretaries by Title VI of Law No. 118 of March 11, 1972, as well as by the regional laws of Trentino-South Tyrol April 26, 2010, No. 1, and December 9, 2014, No. 11, also in accordance with Title XI of the Consolidated Text of Constitutional Laws concerning the special statute for Trentino-South Tyrol, set forth in Presidential Decree No. 670 of August 31, 1972, as amended, and its implementing rules set forth in Presidential Decree No. 574 of July 15, 1988, on the use of the German language in relations with the public administration;
3. (c) with reference to access to management: 1) by course-competition: definition of requirements and criteria for the selection of participants in the course-competition inspired by the best practices used in the international arena, without prejudice to the possession of a qualification not less than a bachelor’s degree; annual cadence of the course-competition for each of the three roles referred to in (b), numbers 1), 2) and 3), for a fixed number of posts, defined in relation to the minimum annual needs of the administrative system; exclusion of rankings of successful candidates in the competition for access to the course-competition; entry into service of the winners of the course-competition as officials, with training obligations, for the first three years, with possible reduction of the said period in relation to work experience in the public sector or experience abroad, and subsequent entry into the single role of management by the Commissions referred to in paragraph b) on the basis of the evaluation by the administration in which the initial appointment was made; possibility of recruiting, with the above-mentioned course-competition, also managers of special careers and independent authorities; provision of special sections of the course-competition for technical managers; 2) by competition: definition of requirements and selection criteria inspired by the best practices used in the international arena, subject to the possession of a qualification of not less than a master’s degree; annual cadence of the single competition for each of the three roles referred to in subparagraph (b), for a variable number of posts, for the posts available in the staff complement and not covered by the course-competition referred to in number 1) of this subparagraph; exclusion of rankings of successful candidates; possibility of recruiting, with the said competition, also managers of special careers and independent authorities; formation of the final ranking list at the end of the initial training cycle; recruitment on a fixed-term basis and subsequent recruitment on a permanent basis after a confirmation examination, after the first three years of service, by an independent body, with possible reduction of the duration in relation to work experience in the public sector or experience abroad; termination of the employment relationship, with possible grading in the position of civil servant, in case of failure to pass the confirmation examination;
4. (d) with reference to the training system of public servants: revision of the order, mission and organizational structure of the National School of Administration with possible transformation of the legal nature, with the involvement of national and international institutions of recognized prestige, consistent with the discipline of grading and recruitment referred to in (a), (b) and (c), so as to ensure the homogeneity of the quality and training content of the managers of the different roles referred to in (b), without new or greater burdens on public finance; possibility of making use, for recruitment and training activities, of the best training institutions, selected through transparent procedures, in compliance with general and uniform rules and guidelines, without new or greater burdens on public finance; redefinition of the economic treatment of the teachers of the National School of Administration in accordance with the provisions of Article 21, paragraph 4, of Decree-Law No. 90, converted, with amendments, by Law No. 114 of August 11, 2014, without prejudice to the repeal of Article 10, paragraph 2, of Legislative Decree December 1, 2009, no. 178, without increasing the economic treatments in enjoyment and in any case without new or greater charges for the public finance; promotion, with the involvement of the National Association of Italian Municipalities, of training courses concerning the associated exercise of the fundamental functions referred to in Article 14 of Decree-Law No. 78 of May 31, 2010, converted, with amendments, by Law No. 122 of July 30, 2010, as amended, for employees and managers of municipalities with a population of 5,000 inhabitants or less;
5. (e) with reference to the continuing education of managers: definition of annual training obligations and the manner of their fulfillment; involvement of tenured managers in the training of future managers, their obligation to provide their intellectual work for the above training activities free of charge;
6. (f) with reference to the mobility of management: simplification and expansion of the cases of mobility between public administrations and with the private sector; provision of the cases and conditions in which the prior consent of the administrations to which they belong is not required for the mobility of medical and health management;
7. (g) with reference to the granting of managerial appointments: possibility of conferring appointments to managers belonging to each of the three roles referred to in paragraph b); definition, for each managerial appointment, of the necessary requirements in terms of professional skills and experience, taking into account the complexity, organizational responsibilities and human and instrumental resources; conferment of appointments to tenured managers by comparative procedure with public notice, on the basis of requirements and criteria defined by the administration on the basis of the general criteria defined by the Commissions referred to in paragraph b); relevance of the aptitudes and skills of the individual manager, previous assignments and their evaluation, specific organizational skills possessed, as well as any management experience gained abroad, in the private sector or in other public administrations, provided that it is relevant to the assignment to be conferred; pre-selection of a predetermined number of candidates meeting the requirements, on the basis of the aforementioned requirements and criteria, for positions relating to top management offices and for positions corresponding to offices of general management level, by the Commissions referred to in subparagraph b), and subsequent selection by the appointing party; subsequent verification of compliance with the aforementioned requirements and criteria, for other management positions, by the same Commission; assignment of positions with criteria that take into account the diversity of experience, including in different administrations; mandatory and non-binding opinion of the Commissions referred to in subparagraph b) on the forfeiture of appointments in the event of reorganization of the administration to be rendered within a certain time limit, after which the opinion shall be deemed to have been acquired; with regard to managerial appointments not assigned through the competitions and procedures referred to in subparagraph c) of this paragraph, provision for selective and comparative procedures, without prejudice to the percentage limits provided for in Article 19, paragraph 6, of Legislative Decree No. 165, with consequent possible revision of the analogous disciplines and related percentages, defined in a sustainable manner for non-state administrations; provision for the publicizing of managerial positions that become vacant in each individual administration, well in advance, through publication on the database referred to in subparagraph a) of this paragraph;
8. (h) with reference to the duration of managerial appointments: duration of appointments of four years, renewable after participation in the public notice procedure; possibility of renewal of appointments for an additional two years without a selective procedure for one time only, provided it is justified and only in those cases in which the executive has obtained a positive evaluation; definition of objective prerequisites for revocation, including in relation to the failure to achieve objectives, and the related procedure; gender balance in the granting of appointments; possibility of extension of the existing executive appointment, for the period strictly necessary to complete the procedures for the granting of the new appointment;
9. (i) with respect to managers without tenure: disbursement of the fundamental economic treatment and the fixed part of the remuneration, accrued before the date of entry into force of the legislative decrees referred to in this paragraph, to executives without tenure and their placement on non-availability; regulation of their disqualification from the single role following a certain period of placement on non-availability following negative evaluation; their right to unpaid leave to take up positions in other administrations or in companies in which the public administrations have an interest, or to carry out work in the private sector, with suspension of the period of availability; possible assignment to the performance of support activities in the aforementioned administrations or non-profit entities, with the consent of the person concerned, without conferment of managerial positions and without additional remuneration; provision for the possibility, for managers placed on non-availability, to formulate an application for redeployment as an official, by way of derogation from Article 2103 of the Civil Code, in the roles of public administrations;
10. (l) with reference to performance appraisal: relevance of its outcomes to the awarding of subsequent management positions; construction of career path depending on the outcomes of the appraisal;
11. m) with reference to the responsibility of managers: reorganization of the legislative provisions relating to the hypotheses of managerial, administrative-accounting and disciplinary responsibility of managers and redefinition of the relationship between managerial responsibility and administrative-accounting responsibility, with particular reference to the exclusive attributability to managers of responsibility for managerial activity, with limitation of managerial responsibility to the hypotheses referred to in Article 21 of Legislative Decree No. 165 of March 30, 2001; limitation of disciplinary responsibility to conduct actually attributable to managers themselves;
12. (n) with reference to remuneration: homogenization of the fundamental and accessory economic treatment within each single role, and within the limits of the overall resources allocated, pursuant to the legislative and contractual provisions in force, to the financing of the aforementioned fundamental and accessory economic treatment; confluence of the fixed position remuneration in the fundamental economic treatment; definition of the position remuneration in relation to objective criteria with reference to the assignment; definition of the incidence of the result remuneration in relation to the type of assignment; its link, where possible, both to objectives set for the entire administration and to objectives assigned to the individual manager; definition of absolute limits of total remuneration established on the basis of objective criteria related to the type of assignment and percentage limits related to position and result remuneration in relation to the total; possibility for each manager to award an annual monetary bonus to no more than one-tenth of his subordinate managers and no more than one-tenth of his employees, on the basis of criteria defined in compliance with collective bargaining regulations and within the limits of the availability of funds allocated to it; publication on the institutional website of the identity of the recipients of the aforementioned bonuses; definition of uniform criteria for the regulation of funds allocated to accessory remuneration in the various administrations;
13. (o) with reference to transitional discipline: gradual reduction in the number of executives where necessary; merging of executives into the single role with continuation until the expiration of the positions conferred and with no upward change in individual remuneration; definition of the requirements and criteria for conferring positions within six months from the date of entry into force of the relevant legislative decree; regulation of the conferment of positions by mandatorily providing for a minimum number of years of service, so as to safeguard the experience acquired; rebalancing of the funds allocated to the accessory remuneration of the various administrations on the basis of the actual needs of the national administrations;
14. p) with reference to the conferment of the offices of general director, administrative director and health director, as well as, where provided for by regional legislation, director of social and health services, of the companies and entities of the National Health Service, without prejudice to the provisions of Article 3-bis of Legislative Decree December 30, 1992, no. 502, as amended, with regard to requirements, transparency of the process and results, verification and evaluation, definition of the following fundamental principles, pursuant to Article 117 of the Constitution: single selection by qualifications, after public notice, of general directors possessing specific educational and professional qualifications and proven managerial experience, carried out by a national commission composed equally of representatives of the state and regions, for inclusion in a national list of suitable candidates established at the Ministry of Health, updated every two years, from which the regions and autonomous provinces must draw for the conferment of the relevant appointments to be made from a shortlist of candidates made up of those on the national list who express interest in the post to be filled, subject to notice by the individual region or autonomous province, which proceeds in accordance with the procedures of the aforementioned Article 3-bis of Legislative Decree no. 502 of 1992, as amended; system of verification and evaluation of the activity of general directors that takes into account the achievement of health objectives and the economic balance of the company, also in relation to the guarantee of the essential levels of care and the results of the national program evaluation outcomes of the National Agency for Regional Health Services; forfeiture of appointment and possibility of reinstatement only at the outcome of a new selection in the case of failure to achieve the objectives, ascertained after twenty-four months from the appointment, or in the case of serious or proven reasons, or serious deficit or manifest violation of laws or regulations or the principle of good performance and impartiality; selection by titles and interview, after public notice, of administrative directors and health directors, as well as, where provided for by regional legislation, of directors of social-health services, possessing specific professional, scientific and career qualifications, carried out by regional commissions composed of experts from qualified scientific institutions, for inclusion in special regional lists of suitable candidates, updated every two years, from which the general directors must compulsorily draw for the relevant appointments; forfeiture of office in the case of manifest violation of laws or regulations or of the principle of good performance and impartiality; definition of the modalities for the application of the rules adopted in implementation of this letter to hospital-university companies;
15. q) Provision for hypotheses of revocation of the appointment and prohibition of renewal of appointments in sensitive sectors and exposed to the risk of corruption, in the presence of conviction, even non-final, by the Court of Auditors, to compensate for the fiscal damage for malicious conduct. The legislative decrees referred to in paragraph 1 are adopted on the proposal of the Minister delegated for simplification and public administration, in agreement, for the profiles of competence related to letter p) of the same paragraph 1, with the Minister of Health, after obtaining the opinion of the Unified Conference referred to in Article 8 of Legislative Decree 281 of August 28, 1997, and the opinion of the Council of State, which are rendered within forty-five days from the date of transmission of each legislative decree outline, after which the Government may still proceed. The outline of each legislative decree is then forwarded to the Houses of Parliament for the expression of the opinions of the parliamentary committees responsible for the subject matter and financial profiles, which are rendered within sixty days from the date of transmission, after which the legislative decree may still be adopted. If the deadline for the opinion falls in the thirty days preceding the expiration of the deadline provided for in paragraph 1 or thereafter, the same deadline shall be extended by ninety days. If the Government does not intend to comply with the parliamentary opinions, it shall resubmit the texts to the Chambers with its comments and any amendments, accompanied by the necessary supplementary information and justifications. The relevant commissions may comment on the Government’s observations within ten days from the date of re-transmission. After this deadline, the decrees may still be adopted. Within twelve months from the date of entry into force of each of the legislative decrees referred to in paragraph 1, the Government may adopt, in accordance with the guiding principles and criteria and the procedure established by this article, one or more legislative decrees containing supplementary and corrective provisions.

 

Article 12 Introduction of Article 16-bis of Law No. 103 of April 3, 1979, on the nature and duration of managerial positions in the State Bar

The following is inserted after Article 16 of Law No. 103 of April 3, 1979: “Article 16-bis. – The deputy attorney general, deputy attorneys general, and district attorneys shall work directly with the state attorney general, assist him in the performance of his duties, and ensure the homogeneity of advocacy and consultation. Directorships shall not be awarded to state attorneys who are to be retired within four years from the date of initiation of the selection procedure. The office of deputy attorney general and that of district attorney for the State shall be temporary in nature and shall be conferred for the duration of four years, at the end of which the office may be renewed, for one time only and for the same period or until the date of retirement, whichever is earlier, following an evaluation to be made by the same procedure as for conferment. The provisions of Paragraph 2 shall also apply to current appointments as of the effective date of this provision. Appointments conferred for more than four years shall cease six months after the date of entry into force of this provision, unless they are renewed, by the same procedure provided for conferment, for a single time and for the duration of an additional four years or until the date of retirement, whichever is earlier. In expressing the opinion referred to in Article 23, first paragraph, subparagraph (e), and the opinion on the conferment of the office of deputy attorney general, the Council of State Attorneys and Advocates shall apply the criterion of rotation in the assignment of offices and shall take into account the candidate’s organizational and relational aptitudes, as well as the professionalism acquired, deduced in particular from indices of merit predetermined by the same council and derivable from the examination of the activity carried out. At the expiration of the time limit referred to in paragraph 2, the State lawyer who has held managerial functions, in the absence of an application made pursuant to Article 18, paragraph four, or an application for the conferment of another managerial function, or in the event of the rejection of the same, shall be assigned to non-managerial functions in the same office.”

 

Art. 13 Simplification of the activities of public research institutions

In order to facilitate and simplify the activities of public research institutions (EPRs) and make the procedures and regulations more in line with the peculiarities of the institutional purposes of these institutions, also considering the autonomy and third party status they enjoy, the Government is delegated to adopt, within 12 months from the date of entry into force of this law, with unchanged human, financial and instrumental resources available under current legislation, one or more legislative decrees in compliance with the following principles and guiding criteria:

1. (a) Ensure the transposition of the European Charter for Researchers and the European Framework for Research Careers document, with particular regard to freedom of research and professional autonomy; allow the portability of research projects and their ownership by enhancing the specificity of the contractual model of the research institutions system;
2. (b) framing of public research in a more streamlined system of rules more appropriate to handle the peculiarities of the sector’s timeframe and needs, in the areas of procurement, international participation, fulfillment and reimbursement of off-site missions aimed at research activities, recruitment, overhead and consumption, and in all other activities specific to EPRs;
3. (c) definition of rules based on principles of accountability and autonomy in decision-making, including through the reduction of preventive controls and the strengthening of subsequent controls;
4. (d) rationalization and simplification of administrative, accounting and legislative constraints, limiting them to budget-type constraints as a priority;
5. (e) simplification of regulations concerning EPRs and its coordination with international best practices. The legislative decrees referred to in paragraph 1 are adopted upon the proposal of the Minister of Education, Universities and Research and the other supervising Ministers, in agreement with the Minister delegated for simplification and public administration, having heard the social partners for the aspects of compatibility with the regulations provided for in the collective agreement for the research sector, after obtaining the opinion of the Unified Conference referred to in Article 8 of Legislative Decree 28 August 1997, no. 281, and the opinion of the Council of State, which are rendered within forty-five days from the date of transmission of each legislative decree outline, after which the Government may still proceed. The outline of each legislative decree is then forwarded to the Houses of Parliament for the expression of the opinions of the Parliamentary Committee for Simplification and the parliamentary committees responsible for the subject matter and financial profiles, which are rendered within sixty days from the date of transmission, after which the legislative decree may still be adopted. If the deadline for the opinion falls in the thirty days preceding the expiration of the deadline provided for in paragraph 1 or later, the deadline is extended by ninety days. If the Government does not intend to comply with the parliamentary opinions, it shall resubmit the texts to the Chambers with its comments and any amendments, accompanied by the necessary supplementary information and justifications. The final opinions of the committees responsible for the subject matter shall be delivered within ten days from the date of re-transmission. After this deadline, the decrees may still be adopted. Within twelve months from the date of entry into force of each of the legislative decrees referred to in paragraph 1, the Government may adopt, in accordance with the guiding principles and criteria and the procedure referred to in this article, one or more legislative decrees containing supplementary and corrective provisions.

 

Art. 14 Promotion of work-life balance in public administration

Public administrations, within the limits of budgetary resources available under current legislation and without new or increased burdens on public finance, shall adopt organizational measures aimed at setting annual targets for the implementation of teleworking and for experimentation, including for the purpose of protecting parental care, of new spatial-temporal modes of carrying out work performance that allow, within three years, at least 10 percent of employees, if they so request, to make use of such modes, ensuring that employees who make use of them are not penalized for the purposes of recognition of professionalism and career progression. The adoption of organizational measures and the achievement of the objectives referred to in this paragraph are subject to evaluation within the organizational and individual performance measurement paths within public administrations. Public administrations also adapt their internal monitoring and control systems, identifying specific indicators for verifying the impact on the effectiveness and efficiency of administrative action, as well as on the quality of services provided, of the organizational measures adopted in terms of reconciling the work and life times of employees, also involving citizens, both individually and in their associative forms. Public administrations, within the limits of budgetary resources available under current legislation and without new or greater burdens on public finance, proceed, in order to reconcile the work and life times of employees, to enter into agreements with kindergartens and preschools and to organize, including through agreements with other public administrations, parenting support services, open during school closure periods. By directive of the President of the Council of Ministers, after consultation with the Unified Conference referred to in Article 8 of Legislative Decree No. 281 of August 28, 1997, guidelines are defined for the implementation of paragraphs 1 and 2 of this article and guidelines containing rules pertaining to the organization of work aimed at promoting the reconciliation of work and life times of employees. Constitutional bodies, within the scope of their autonomy, may define ways and criteria for the adjustment of their respective systems to the principles set forth in paragraphs 1, 2 and 3. The following amendments shall be made to Article 596 of the Code of Military Order, referred to in Legislative Decree No. 66 of March 15, 2010: a) the following shall be inserted after paragraph 1: “1-bis. The fund referred to in paragraph 1 shall be financed in the amount of 2 million euros for the year 2015 and 5 million euros for each of the years 2016 and 2017. The related cost shall be provided for by a corresponding reduction, for each of the years 2015, 2016 and 2017, of the national share of the Fund for Development and Cohesion, 2014-2020 programming, referred to in Article 1, paragraph 6, of Law No. 147 of December 27, 2013. As of the year 2018, the allocation of the fund referred to in paragraph 1 shall be determined annually in accordance with Article 11, paragraph 3, letter d), of Law No. 196 of December 31, 2009”; b) in paragraph 3, the words: “as well as by minors who are not children of employees of the Defense Administration” shall be replaced by the following: “in addition to minors who are children of employees of the Administration of Defense, also by minors who are children of employees of central and peripheral administrations of the State, as well as by minors who are children of employees of local administrations and by minors who are not placed in municipal public facilities,”. After paragraph 1-bis of Article 30 of Legislative Decree No. 165 of March 30, 2001, as amended, the following is inserted: “1-ter. An employee who is a victim of gender-based violence included in specific protection paths, duly certified by the social services of the municipality of residence, may apply for a transfer to another public administration located in a municipality other than that of residence, subject to notification of the administration to which she belongs. Within fifteen days of the aforementioned communication, the administration to which she belongs shall arrange for her transfer to the administration indicated by the employee, if there are vacancies corresponding to her professional qualification.” In Article 42-bis, paragraph 1, second sentence, of the Consolidated Text of the legislative provisions on maternity and paternity support, referred to in Legislative Decree No. 151 of March 26, 2001, the following words are added at the end: “and limited to exceptional cases or needs.”

 

Art. 15 Relationship between disciplinary and criminal proceedings for Armed Forces personnel

Article 1393 of the Code of Military Order, referred to in Legislative Decree No. 66 of March 15, 2010, is replaced by the following: “Article 1393 (Relationship between disciplinary and criminal proceedings). – In the event of disciplinary proceedings concerning, in whole or in part, facts in relation to which the judicial authority is proceeding, the rules on the relationship between disciplinary proceedings and criminal proceedings set forth in Article 55-ter of Legislative Decree No. 165 of March 30, 2001 shall apply.”

 

Chapter IV DELEGATIONS FOR NORMATIVE SIMPLIFICATION.

Article 16 Common procedures and criteria for the exercise of legislative simplification powers

The Government is delegated to adopt, within 12 months from the date of entry into force of this law, or within the different term provided for in Article 17, legislative decrees for the simplification of the following sectors: a) employment in public administrations and related profiles of administrative organization; b) corporate shareholdings of public administrations; c) local public services of general economic interest. In exercising the delegation of power referred to in paragraph 1, the Government shall adhere to the following general principles and guiding criteria:

1. (a) preparation of a single text of the provisions in each subject matter, with amendments strictly necessary for the coordination of the provisions, except as provided in the following paragraphs;
2. (b) formal and substantive coordination of the text of existing legislative provisions, making changes strictly necessary to ensure legal, logical and systematic consistency of the legislation and to adapt, update and simplify regulatory language;
3. (c) resolution of antinomies based on the principles of the legal system and general disciplines governing the subject matter;
4. (d) explicit indication of the repealed rules, without prejudice to the application of Article 15 of the provisions on the law in general preface to the Civil Code; and

) updating of procedures, providing, consistent with the provisions of the legislative decrees referred to in Article 1, the most extensive and optimal use of information and communication technologies, including in relations with the recipients of administrative action.

The Government shall also adhere to the guiding principles and criteria set forth in Articles 17 through 19. The legislative decrees referred to in Paragraph 1 are adopted upon the proposal of the Minister delegated for simplification and public administration, in consultation with the Minister of Economy and Finance and the Ministers concerned, after obtaining the opinion of the Unified Conference referred to in Article 8 of Legislative Decree No. 281 of August 28, 1997, and the opinion of the Council of State, which are rendered within forty-five days from the date of transmission of each legislative decree outline, after which the Government may proceed anyway. The outline of each legislative decree is then forwarded to the Houses of Parliament for the expression of the opinions of the parliamentary committees responsible for the subject matter and financial profiles and the Parliamentary Committee for Simplification, which are rendered within sixty days from the date of transmission, after which the legislative decree may still be adopted. If the deadline for the opinion falls in the thirty days preceding the expiration of the deadline provided for in paragraph 1 or thereafter, the deadline shall be extended by ninety days. If the Government does not intend to comply with the parliamentary opinions, it shall resubmit the texts to the Chambers with its comments and any amendments, accompanied by the necessary supplementary information and justifications. The relevant commissions may comment on the Government’s observations within ten days from the date of re-transmission. After this deadline, the decrees may still be adopted. The Government shall adopt, upon the proposal of the Minister Delegate for Simplification and Public Administration, a regulation pursuant to Article 17, paragraph 1, of Law No. 400 of August 23, 1988, as amended, for the implementation of the provisions of the legislative decree referred to in subparagraph (a) of paragraph 1 of this article. Consequent to the adoption of the legislative decrees referred to in paragraph 1, without prejudice to the provisions of paragraph 5, the Government shall adapt the state regulatory framework, pursuant to Article 17 of Law No. 23 August 1988, no. 400. Within 12 months from the date of entry into force of each of the legislative decrees referred to in paragraph 1, the Government may adopt, in accordance with the guiding principles and criteria and the procedure set forth in paragraphs 2, 3 and 4, one or more legislative decrees containing supplementary and corrective provisions.

 

Art. 17 Reorganization of the discipline of employment in public administrations

Legislative decrees for the reorganization of the regulations on employment in public administrations and related profiles of administrative organization are adopted, after consulting the most representative trade unions, within eighteen months from the date of entry into force of this law, in accordance with the following guiding principles and criteria, which are in addition to those in Article 16:

1. (a) provision in public competition procedures of evaluation mechanisms aimed at enhancing the professional experience gained by those who have had flexible working relationships with public administrations, with the exclusion, in any case, of service in offices of direct collaboration with political bodies and without prejudice, however, to the guarantee of adequate access from outside;
2. (b) provision for competition tests that prioritize the assessment of candidates’ ability to use and apply theoretical notions to specific problems and concrete cases, with the possibility of conducting the assessment of qualifications and competition tests related to different competitions in unison;
3. c) holding of competitions, for all public administrations, in a centralized or aggregated form, with carrying out of the tests in sufficiently large territorial areas to ensure adequate participation and economy of the conduct of the competition procedure, and with application of uniform evaluation criteria, to ensure homogeneity in quality and professionalism throughout the country for equivalent functions; revision of the manner in which they are carried out, in particular, with the provision of tools to ensure the effective secrecy of examination topics until the conduct of the relevant tests, measures of publicity on competition topics and forms of pre-selection of members of commissions; management of competitions for the recruitment of local government personnel at the provincial level; definition of absolute and percentage limits, in relation to the number of posts advertised, for unsuccessful candidates; reduction of the terms of validity of the rankings; for public administrations referred to in Article 1, paragraph 2, of Legislative Decree no. 30 March 2001, no. 165, and having rankings in force at the date of approval of the legislative decree scheme referred to in this paragraph, in implementation of Article 1, paragraphs 424 and 425, of Law No. 190 of December 23, 2014, in compliance with public finance limits, the introduction of transitional rules aimed exclusively at the recruitment of winners of public competitions, whose rankings have been approved and published by the date of entry into force of this law;
4. (d) elimination of the requirement of a minimum bachelor’s degree for participation in competitions for access to civil service jobs;
5. (e) provision for verification of proficiency in English and other languages as a requirement for participation in the competition or as a merit qualification that can be evaluated by the selection boards, in accordance with procedures defined in the notice also in relation to the posts to be filled;
6. (f) Enhancement of the Ph.D. degree, implementing the provisions of Article 4(7) of Law No. 210 of July 3, 1998, and Article 17(111) of Law No. 127 of May 15, 1997, as amended;
7. (g) introduction of a national information system, aimed at the formulation of general guidelines and benchmarks capable of guiding recruitment planning also in relation to the reorganization interventions of public administrations; strengthening of the coordination and control function of the Department of the Civil Service of the Presidency of the Council of Ministers in relation to the recruitment of personnel belonging to protected categories;
8. (h) attribution, with the resources currently available and without new or greater burdens on public finance, to the Agency referred to in Article 46 of Legislative Decree No. 165 of March 30, 2001. 165, of technical support functions for the purposes of the implementation of points g) and i) of this paragraph, of control functions on the use of union prerogatives, as well as technical support functions to the administrations represented in the functions of performance measurement and evaluation and in matters relating to personnel management, subject to the stipulation of appropriate agreements, and strengthening of the assistance function for the purposes of supplementary bargaining; concentration of supplementary bargaining venues, revision of the related system of controls and strengthening of monitoring tools on the same; definition of the terms and procedures for the performance of the advisory function on supplementary bargaining; definition of the matters excluded from supplementary bargaining also in order to ensure administrative simplification, enhancement of merit and equal treatment between homogeneous categories, as well as to speed up negotiation procedures;
9. (i) Skills survey of public workers;
10. l) reorganization of the functions in the field of medico-legal assessment on absences from duty due to illness of public employees, in order to ensure the effectiveness of the control, with attribution to the National Institute of Social Security of the relevant competence and resources currently employed by public administrations for the performance of the assessments, subject to agreement in the Permanent Conference for relations between the State the regions and the autonomous provinces of Trento and Bolzano for the quantification of the aforementioned financial resources and for the definition of the modalities of employment of the medical personnel currently assigned to the aforementioned functions, without greater burdens for the public finance and with the provision of the priority use of the lists referred to in Article 4, paragraph 10-bis, of Decree-Law August 31, 2013, no. 101, converted, with amendments, by Law No. 125 of October 30, 2013, as amended;
11. (m) setting targets for hiring restraint, differentiated according to actual needs;
12. n) in order to ensure the effective integration in the work environment of persons with disabilities under Law No. 68 of March 12, 1999, provision for the appointment by the Minister for Simplification and Public Administration, without new or increased burdens on public finance, of a National Council, composed of representatives of central and territorial public administrations, after consulting with the Unified Conference referred to in Article 8 of Legislative Decree No. 281 of August 28, 1997, the most representative trade unions and trade associations, with the task of: 1) developing plans to comply with the obligations arising from Law No. 12 March 1999, no. 68; 2) provide extraordinary interventions for the adoption of reasonable accommodations in the workplace provided for in Article 3, paragraph 3-bis, of Legislative Decree July 9, 2003, no. 216; 3) monitor and control the obligation of annual transmission by the public administrations to the Council of Ministers, the Department of the Civil Service of the Presidency of the Council of Ministers and the Ministry of Labor and Social Policies as well as to the territorially competent employment center of the communication regarding the posts reserved for disabled workers that have not been filled and a schedule regarding the timing and manner of filling the reserve quota provided for by current regulations, in compliance with regulatory constraints on hiring by public administrations;
13. (o) regulation of flexible forms of employment, with identification of limited and imperative cases, characterized by compatibility with the peculiarities of the employment relationship employed by public administrations and with the organizational and functional needs of the latter, also in order to prevent precariousness;
14. p) Provision of the option for public administrations to promote generational turnover through the reduction on a voluntary and non-revocable basis of the working hours and remuneration of personnel about to be laid off, guaranteeing, through voluntary supplementary contributions pursuant to Article 8 of Legislative Decree September 16, 1996, no. 564, the possibility of achieving the invariance of social security contributions, while at the same time allowing, within the limits of the resources actually ascertained as a result of the resulting lower expenditure on salaries, the early hiring of new staff, in compliance with current regulations on hiring constraints.

However, the generational turnover referred to in this letter shall not result in new or increased burdens on social security institutions and government agencies;

1. (q) Progressive overcoming of the headcount as a limit to hiring subject to spending limits also in order to facilitate mobility processes;
2. (r) simplification of rules on the evaluation of public employees, recognition of merit and rewards; rationalization and integration of evaluation systems, including for the purpose of better evaluation of policies; development of separate systems for measuring the results achieved by the organization and the results achieved by individual employees; strengthening of processes for independent evaluation of the level of efficiency and quality of the services and activities of public administrations and the impacts they produce, including through the use of reference standards and comparisons; reduction of planning requirements, including through greater integration with the budget cycle; coordination of the discipline of evaluation and internal controls; provision of specific forms of simplification for the various sectors of public administration;
3. (s) introduction of rules on the disciplinary liability of public employees aimed at speeding up and making the exercise of disciplinary action concrete and certain in terms of the time of its completion and conclusion;
4. (t) Strengthening the principle of separation between political-administrative policy and management and the consequent regime of accountability of managers, through the exclusive attribution to them of administrative-accounting responsibility for management activity;
5. (u) Streamlining information flows from general government to central government and concentrating them in defined time frames;
6. (v) Recognition to the special statute regions and the autonomous provinces of Trento and Bolzano of the legislative power over the employment of their own employees, in compliance with the national regulations on the organization of personnel employed by public administrations, as also defined by Legislative Decree No. 165 of March 30, 2001, the principles of coordination of public finance, also with reference to the regulations aimed at containing personnel costs, as well as the respective special statutes and their implementing regulations. No new or increased burdens on public finance shall result from the provisions of this letter;
7. z) in order to ensure effective integration in the workplace of persons with disabilities pursuant to Law No. 68 of March 12, 1999, provision for the appointment by public administrations with more than 200 employees, without new or greater burdens on the public finance and with the human, financial and instrumental resources available under current legislation, of a person responsible for the integration processes, defining his or her duties with particular reference to the guarantee of reasonable accommodation referred to in Article 3, paragraph 3-bis, of Legislative Decree No. 216 of July 9, 2003; provision of the obligation for the annual transmission by public administrations to the Minister delegated for simplification and public administration and the Minister of Labor and Social Policies, in addition to the territorially competent employment center, not only of the communication regarding the vacancies of posts reserved for disabled workers but also of a subsequent statement regarding when and how the reserve quota provided for by current regulations will be filled, in compliance with the regulatory hiring constraints of public administrations, as well as provision for appropriate sanctions for failure to send the aforementioned statement, including in terms of the numerical start-up of workers with disabilities by the territorially competent employment center. The proxies in Article 11 and this article may be exercised jointly through the adoption of one or more legislative decrees in accordance with the procedure set forth in Article 16, provided that the decrees are adopted within the deadline set forth in Article 11, paragraph 1. In Article 5, paragraph 9, of Decree-Law No. 95 of July 6, 2012, converted, with amendments, by Law No. 135 of August 7, 2012, as amended, the third sentence is replaced by the following: “The offices, positions and collaborations referred to in the preceding periods are in any case allowed free of charge. For executive and managerial positions only, without prejudice to gratuitousness, the duration may not exceed one year, neither extendable nor renewable, in each administration.”

 

Art. 18 Reorganization of the regulation of government corporate holdings

The legislative decree for the reorganization of the rules on government shareholdings is adopted for the priority purpose of ensuring the clarity of the rules, regulatory simplification, and the protection and promotion of competition, with particular reference to the overcoming of transitional regimes, in compliance with the following guiding principles and criteria, which are in addition to those in Article 16:

1. (a) distinction between types of companies in relation to the activities carried out, the public interests of reference, the extent and quality of participation and its direct or indirect nature, the direct mode or by means of public evidence procedure of entrustment, as well as the listing on the stock exchange or the issuance of financial instruments listed on regulated markets, and identification of the relevant discipline, also on the basis of the principle of proportionality of derogations from the private discipline, including that on the organization and business crisis;
2. (b) for the purpose of rationalization and reduction of public shareholdings in accordance with criteria of efficiency, effectiveness and economy, redefinition of the discipline, conditions and limits for the establishment of companies, the assumption and maintenance of corporate shareholdings by public administrations within the perimeter of institutional tasks or strategic areas for the protection of relevant public interests, such as the management of services of general economic interest; application of the principles of this letter also to existing public shareholdings;
3. (c) precise definition of the liability regime of the directors of the participating administrations as well as employees and management and supervisory bodies of the investee companies;
4. (d) definition, in order to ensure the protection of public interests, the proper management of resources and the preservation of the image of the public shareholder, of the requirements and the guarantee of honorability of candidates and members of the governing and supervisory bodies of the companies, also in order to ensure their autonomy from the ownership entities;
5. (e) rationalization of public criteria for staff purchases and recruitment, for hiring constraints and remuneration policies, aimed at cost containment, taking into account the distinctions referred to in subparagraph (a) and introducing objective evaluation criteria, related to the value, including the economic value of the results; provision that the positive or negative economic results obtained assume relevance for the variable economic compensation of directors in view of the objective of improving the quality of service offered to citizens and taking into account the appropriateness of the tariff and the cost of the service;
6. (f) promotion of transparency and efficiency through unification, completeness and maximum intelligibility of economic and financial data and key efficiency indicators, as well as their publicity and accessibility;
7. (g) Implementation of Article 151(8) of the Consolidated Text of Legislative Decree No. 267 of August 18, 2000, on the consolidation of holdings in the financial statements of ownership entities;
8. (h) elimination of overlap between public and private rules and institutions inspired by the same requirements for discipline and control;
9. (i) possibility of recovery plans for companies with deficit budgets with possible receivership;
10. (l) regulation of financial flows, in any form, between public administration and investee companies in accordance with the criteria of equal treatment of public and private enterprises and market operator;
11. (m) with respect to companies in which local governments hold an equity interest:

1) for companies that manage instrumental services and administrative functions, definition of criteria and procedures for the choice of corporate model and internalization as well as procedures, limits and conditions for the recruitment, retention and rationalization of shareholdings, including in relation to the number of employees, turnover and operating results;

2) for companies that manage public services of general economic interest, identification of a maximum number of financial years with budget losses that entail obligations to liquidate the companies, as well as definition, in accordance with European Union regulations, of management criteria and tools aimed at ensuring the pursuit of the public interest and avoiding distorting effects on competition, including through the regulation of service contracts and user rights charters and through forms of control over the management and quality of services;

3) Strengthening measures aimed at ensuring the achievement of quality, efficiency, effectiveness and cost-effectiveness objectives, including through the reduction of the size and number of shareholdings and the encouragement of aggregation processes, intervening in the regulation of financial relations between local government and investee companies in compliance with public finance balances and with a view to greater transparency;

4) promotion of transparency by publishing, on the website of the local governments and investee companies concerned, economic and financial data and efficiency indicators, on the basis of general templates that allow for comparison, including for the purpose of strengthening and simplifying the processes of harmonization of accounting systems and budget schemes of the participating local governments and investee companies;

5) Introduction of a penalty system for non-implementation of the principles of rationalization and reduction referred to in this article, also based on the reduction of state transfers to administrations that do not comply with the relevant provisions;

6) Introduction of instruments, including contractual ones, aimed at encouraging the protection of employment levels in restructuring and privatization processes related to investee companies;

7) for the purpose of strengthening the system of internal controls provided for in the Consolidated Text of Legislative Decree No. 267 of August 18, 2000, revision of the transparency and reporting obligations of the investee companies vis-à-vis the local member entities, through specific information flows that make the economic and industrial data of the service, the public service obligations imposed and the quality standards analyzable and comparable, for each service or activity carried out by the companies themselves in the performance of the tasks entrusted, including through the adoption and preparation of special separate accounting schemes.

 

Art. 19 Reorganization of the regulation of local public services of general economic interest

The legislative decree for the reorganization of the regulations on local public services of general economic interest shall be adopted, without new or increased burdens on public finance, in accordance with the following guiding principles and criteria, which are in addition to those in Article 16:

 

1. a) recognition, as a fundamental function of municipalities and metropolitan cities, to be exercised in compliance with the principles and criteria dictated by European legislation and state law, of the identification of activities of general interest whose performance is necessary in order to ensure the satisfaction of the needs of those belonging to local communities, under conditions of physical and economic accessibility, continuity and non-discrimination, and at the best levels of quality and safety, so as to ensure the homogeneity of development and social cohesion; b) abolition, after reconnaissance, of exclusive regimes, however named, which do not conform to the general principles of competition and in any case are not essential to ensure the quality and efficiency of the service;
2. (c) identification of the general regulation and organization of services of general economic interest at the local level, including the definition of criteria for the allocation of special or exclusive rights, according to the principles of adequacy, subsidiarity and proportionality and in accordance with European directives; with particular reference to publicly owned companies operating in water services, resolution of regulatory antinomies according to the principles of European Union law, taking into account the outcome of the repeal referendum of June 12 and 13, 2011;
3. d) definition, including through reference to and harmonization of sector regulations, of criteria for the optimal territorial organization of local public services of economic importance;
4. (e) identification, including for all cases in which the prerequisites for competition in the market do not exist, of ways of managing or conferring the management of services in accordance with the principles of European law, including those on self-handling, and the general principles relating to public contracts and, in particular, the principles of organizational autonomy, economy, effectiveness, impartiality, transparency, adequate publicity, non-discrimination, equal treatment, mutual recognition, and proportionality;
5. (f) introduction, within the framework of the resources available under current legislation, of incentives and mechanisms of rewards or economic-financial rebalancing in relations with managers for local authorities that favor the aggregation of activities and management according to criteria of economy and efficiency, or the elimination of public control;
6. (g) identification of criteria for establishing tariff schemes that take into account productivity gains in order to reduce the burden on citizens and businesses;
7. (h) definition of ways to protect users of local public services;
8. (i) review of sectoral disciplines with a view to their harmonization and coordination with the general regulations on how services are entrusted;
9. (l) provision of a clear distinction between regulatory and control functions and service management functions, including by amending the rules on incompatibility or incompatibility of positions or offices;
10. (m) revision of the rules governing the ownership and management regimes of networks, facilities and other endowments, as well as the transfer of assets in the event of takeover, based on principles of protection and enhancement of public ownership, efficiency, promotion of competition, containment of management costs, and simplification;
11. (n) identification and allocation of regulatory and control powers among the different levels of government and independent authorities in order to ensure transparency in the management and delivery of services, to ensure the elimination of waste, and to strive for continuous cost containment while increasing service quality standards;
12. (o) provision of appropriate non-judicial means of protection for service users;
13. (p) introduction and strengthening of forms of citizen consultation and direct participation in the formulation of directives to governments and service companies on the quality and cost of services;
14. (q) promotion of instruments to support ownership entities in the activities provided for in Article 18, to encourage investment in the local public services sector and to facilitate the processes of rationalization, reduction and improvement of companies operating in the sector;
15. (r) provision of deadlines and procedures for the adjustment of the current regimes to the new discipline; (s) definition of the regime of penalties and substitute actions, in case of violation of the relevant discipline;
16. (t) Harmonization with the general discipline of the existing special provisions in local public services, relating to the legal regulation of labor relations;
17. (u) definition of tools for transparency and publicizing service contracts, relating to local public services of general economic interest, by the entrusting entities including through the definition of model service contracts for each local public service of general economic interest;
18. (v) definition of tools for collecting, including through already established national databases, economic and industrial data, imposed public service obligations and quality standards, in accordance with the principles dictated by national legislation on transparency.

 

Article 20 Reorganization of the procedure of judgments before the Court of Auditors

The Government is delegated to adopt, within one year from the date of entry into force of this law, a legislative decree on the reorganization and redefinition of the procedural discipline concerning all types of judgments that take place before the Court of Auditors, including pension judgments, account judgments, and judgments at the request of a party. The legislative decree referred to in Paragraph 1, in addition to the guiding principles and criteria set forth in Article 20, Paragraph 3, of Law No. 59 of March 15, 1997, as amended, to the extent compatible, shall adhere to the following guiding principles and criteria:

1. (a) adjust the existing rules, including through innovative provisions, to the jurisprudence of the Constitutional Court and higher courts, coordinating them with the rules of the Code of Civil Procedure expressing general principles and ensuring the concentration of protections pertaining to the jurisdiction of the accounting court;
2. (b) regulate the conduct of the judgments taking into account the peculiarities of the public interests being protected and the subjective rights involved, based on the principles of concentration and effectiveness of protection and in compliance with the principle of reasonable duration of the trial, including through the use of computer and telematic procedures;
3. (c) regulate the actions of the public prosecutor, as well as the functions and activities of the judge and the parties, through provisions for simplification and rationalization of the existing principles on the jurisdiction of the accounting judge and the allocation of jurisdiction with respect to other jurisdictions;
4. (d) provide for the interruption of the five-year limitation period for actions that can be brought by the prosecutor for one time only and for a maximum period of two years through formal notice of default and the suspension of the period for the duration of the trial;
5. (e) proceed to the elevation of the sum limit for the monitory procedure referred to in Article 55 of the Consolidated Text referred to in Royal Decree No. 1214 of July 12, 1934, concerning damaging facts of minor patrimonial injury, providing that it be periodically updated according to changes in the ISTAT index of consumer prices for blue- and white-collar households;
6. f) provide for the introduction, as an alternative to the ordinary procedure, with a deflative function and also to ensure the certain and immediate forfeiture of compensatory sums to the Treasury, of an abbreviated procedure for administrative liability which, excluding cases of wilful enrichment of the damaging party, upon the prior and concurring opinion of the public prosecutor allows the settlement of the first instance judgment for a sum not exceeding 50 percent of the economic damage charged, with immediate enforceability of the judgment, which cannot be appealed; provide that, in the event of a request for the abbreviated procedure made on appeal, the judge shall issue judgment for a sum not less than 70 percent of the quantum of the compensatory claim brought in the summons, remaining in any case precluded from exercising the power of reduction;
7. (g) reorder the stage of investigation and issuance of any invitation to deduct in accordance with the following principles:

1) specificity and concreteness of the notice of damage;

2) after the issuance of the invitation to deduce, in which the essential elements of the fact must be spelled out, full access to the records and documents put on the basis of the dispute;

(3) mandatory conduct, under penalty of inadmissibility of the action, of the personal hearing that may be requested by the alleged perpetrator, with the right to defensive assistance;

4) specification of the manner of exercising the prosecutor’s investigative powers, including through the use of police forces, including local police forces;

5) Formalization of the filing order;

6) preclusion at trial of summons by order of the judge and in the absence of new evidence and reasoned grounds of subject already the recipient of formalized filing;

1. (h) unify existing legal provisions on the obligation to report fiscal damage and the protection of the whistleblowing civil servant, including for the purpose of facilitating the adoption of precautionary measures;
2. (i) regulate procedures for the awarding of technical advice by providing for the establishment of specific regional registers, with details of how fees are to be paid, or the use of registers already in use in other jurisdictions or the use of technical structures and bodies of public administrations;
3. (l) reorder the existing procedural provisions by supplementing and coordinating them with the rules and principles of the Code of Civil Procedure with respect to the following aspects: 1) procedural deadlines, the regime of notifications, requests and exceptions, preclusions and forfeitures, admission and trial of evidence, integration of the cross-examination and intervention of third parties, and resumptions also following translatio, in accordance with the principles of procedural expeditiousness, concentration, reasonable duration of the trial, safeguarding of the cross-examination between the parties, and the impartiality and third party nature of the judge; 2) the procedural institutes on the subject of precautionary protection, including ante causam, and the protection of the reasons for the tax credit through the actions provided for in the Code of Civil Procedure, as well as the means of preservation of the patrimonial guarantee referred to in Book VI, Title III, Chapter V, of the Civil Code;
4. (m) redefine the provisions applicable to appeals by referring, where possible, to those of the trial at first instance, as well as reorganize and redefine the rules concerning appealable decisions, the devolutive effect of the appeal, the suspension of the execution of the decision of first instance where appealed, the regime of exceptions and evidence that can be heard on appeal, and the regulation of time limits for revocation in accordance with that provided for in the Code of Civil Procedure in deference to the principles of due process and reasonable duration thereof;
5. (n) redefine and reorganize the rules concerning the referral of questions of principle and particular importance, conflicts of territorial jurisdiction, and the regulation of jurisdiction against orders ordering the necessary suspension of the trial, which can be brought before the united chambers of the Court of Auditors in the judicial branch, in accordance with the provisions of Article 374 of the Code of Civil Procedure, insofar as they are compatible, and in deference to the principles of nomofilachy and legal certainty;
6. (o) redefine and reorder the provisions concerning the enforcement of final judgments awarding damages, giving the accounting public prosecutor the authority to act and resist before the civil court of movable or immovable enforcement, as well as provide for the inclusion of the tax claim among the claims with privilege under Book VI, Title III, Chapter II of the Civil Code;
7. p) explicitly regulate the connections between findings and ascertainable outcomes reached in the audit and documentation and evidence that can be produced in court, also ensuring compliance with the principle that opinions rendered by the Court of Auditors in an advisory capacity, in the audit and in favor of local entities in compliance with the general conditions for the issuance of the same, are appropriately considered, in the context of any administrative liability proceedings, also in the preliminary investigation, for the purpose of assessing the actual existence of the subjective element of liability and the causal link.

The legislative decree referred to in paragraph 1 shall also provide for:

1. (a) confirm and redefine, as a closing rule, the reference to the civil trial discipline, with explicit identification of the rules and institutions of the civil trial procedure that are compatible with and applicable to the accounting procedure;
2. (b) explicitly repeal the regulatory provisions subject to the reorganization and those incompatible with it, subject to the application of Article 15 of the provisions on the law in general preface to the Civil Code;

 

1. (c) dictate appropriate coordinating provisions in relation to non-repealed rules;
2. (d) establish transitional rules applicable to judgments already pending on the date of entry into force of the new procedural rules. For the drafting of the outline of the legislative decree referred to in paragraph 1, a commission shall be established at the Department for Legal and Legislative Affairs of the Presidency of the Council of Ministers, chaired by the head of the same Department and composed of magistrates of the Court of Accounts, external experts and representatives of the free bar and the Attorney General’s Office, who shall serve free of charge and without the right to reimbursement of expenses. The legislative decree referred to in paragraph 1 shall be adopted on the proposal of the President of the Council of Ministers. The opinion of the united sections of the Court of Auditors pursuant to Article 1 of Royal Decree-Law No. 273 of February 9, 1939, converted by Law No. 739 of June 2, 1939, and, subsequently, the opinion of the competent parliamentary committees shall be acquired on the draft decree. Opinions shall be rendered within thirty days from the date of transmission of the outline. After the deadline has passed, the decree may still be adopted, even without the aforementioned opinions, upon resolution of the Council of Ministers. Within two years from the date of entry into force of the legislative decree referred to in paragraph 1, the Government may adopt one or more legislative decrees containing the supplementary and corrective provisions that practical implementation makes necessary or appropriate, in compliance with the guiding principles and criteria and the procedure referred to in this article. No new or increased burdens on public finance shall result from the implementation of this article.

 

Art. 21 Amendment and repeal of legal provisions requiring implementing measures

In order to simplify the regulatory system and administrative procedures and to give greater impetus to the process of implementing laws, the government is delegated to adopt, without new or increased burdens on public finance, within ninety days of the date of entry into force of this law, upon the proposal of the Prime Minister in consultation with the Minister Delegate for Constitutional Reforms and Relations with Parliament, one or more legislative decrees for the repeal or amendment of legislative provisions, which came into force after December 31, 2011 and up to the date of entry into force of this law, that provide for non-legislative implementing measures.

In exercising the delegation of authority, the government shall adhere to the following guiding principles and criteria:

1. (a) identify, from among the provisions of the law that provide for the adoption of implementing measures, those that need to be amended for the sole purpose of facilitating the adoption of the same measures and make the necessary amendments;
2. (b) identify, from among the provisions of the law that provide for the adoption of implementing measures, those for which the conditions for the adoption of such measures no longer exist and provide for their express and specific repeal;
3. (c) ensure the legal, logical and systematic consistency of the regulations;
4. (d) identify the provisions whose repeal would have effects, including indirect effects, on public finance;
5. (e) expressly identify the provisions that constitute fulfillment of obligations under European Union law;
6. (f) ensure the adoption of implementing measures that constitute obligations imposed by European Union legislation and those necessary for the implementation of international treaties ratified by Italy. The outline of each legislative decree referred to in paragraph 1 shall be sent to the Houses of Parliament for the expression of the opinions of the parliamentary committees responsible for the subject matter and financial profiles and the Parliamentary Committee for Simplification. Opinions shall be rendered within a period of thirty days from the date of transmission, after which the decree may still be adopted. If the deadline for expressing opinions falls in the thirty days preceding or following the deadline for the exercise of the delegation, the latter shall be extended by sixty days. If the Government does not intend to comply with the parliamentary opinions, it shall resubmit the texts to the Chambers with its comments and any amendments, accompanied by the necessary supplementary information and justifications. The relevant commissions may comment on the Government’s observations within ten days from the date of re-transmission. After this deadline, the decrees may still be adopted. Within twelve months from the date of entry into force of the last of the legislative decrees referred to in this article, the Government may adopt, in compliance with the guiding principles and criteria and the procedure referred to in this article, one or more legislative decrees containing supplementary and corrective provisions.

Article 22 Safeguard clause

The provisions of this law shall be applicable in the special statute regions and autonomous provinces of Trent and Bolzano compatible with their respective statutes and their implementing regulations, including with reference to the Constitutional Law October 18, 2001, no. 3.

Art. 23 Financial Provisions

Without prejudice to the provisions of Articles 8(3) and 14(5)(a), the implementation of this law and the legislative decrees provided for herein shall not result in new or greater burdens on public finance. Legislative decrees implementing the proxies contained in this law shall be accompanied by a technical report giving an account of the financial neutrality of the same or of the new or greater burdens arising therefrom and the corresponding means of coverage. In accordance with Article 17, paragraph 2, of Law No. 196 of December 31, 2009, as amended, if one or more legislative decrees determine new or greater charges that cannot be offset internally, the same legislative decrees are issued only after or at the same time as the entry into force of the legislative measures that allocate the necessary financial resources. This law, bearing the seal of the State, shall be included in the Official Compendium of Legislative Acts of the Italian Republic. It is incumbent upon everyone to observe and enforce it as a law of the State.

 

Given in Rome, on August 7, 2015

MATTARELLA

Renzi, President of the Council of Ministers

See, the Keeper of the Seals: Orlando