La semplificazione delle procedure amministrative a seguito della attuazione in Italia della Direttiva Bolkestein
The Legislative Decree march 26th, 2010, n. 59, has implemented – with some delay – the Directive Bolkestein approved by European Parliament and Council on december 12nd, 2006, about services in the Common market. The italian decree enforces the community provisions instituting, to a supranational l...
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| Egile Nagusiak: | , |
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| Formatua: | Artikulua |
| Hizkuntza: | Italiera |
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2010
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| Sarrera elektronikoa: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5573350 |
| Baliabidea: | Revista Aragonesa de Administración Pública, ISSN 1133-4797, Nº 12, 2010 (Ejemplar dedicado a: El impacto de la directiva Bolkestein y la reforma de los servicios en el Derecho Administrativo), pags. 47-80 |
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The Legislative Decree march 26th, 2010, n. 59, has implemented – with
some delay – the Directive Bolkestein approved by European Parliament and Council on
december 12nd, 2006, about services in the Common market.
The italian decree enforces the community provisions instituting, to a supranational
level, general rules in order to guarantee and improve a wide range of services, having
care of peculiarities of each kind of activity or profession and considering, at the same
time, the local regulation concerning them.
The decree n. 59/2010 consists of two main parts: the first one, regarding the
general provisions about the access and practice of services’ activities (including the
system of authorizations), the quality services and the administrative simplification; the
second one, regarding all proceedings within the competence of Ministry of Justice and
of Ministry of Economic Development.
In regulating the application area, the implementing decree refers, at art. 1, to each
economic activity, entrepreneurial or professional, practiced without any subordination
bounds and directed to the goods trade or to an high quality services, also intellectual.
The most important simplification instruments, through which the decree implements
the european directive aiming to create a unique market, are mainly: the necessity of an
express authorization in the only cases justified with imperative reason of general interest;
the use of «single desks» as institutional interlocutors to which the interested subjects
can turn to know all informations about the procedures concerning them activities; some
facilitation about the exhibition of documents.
For how concerns the system of authorizations, the italian legislator has extended the
use of «dichiarazione di inizio attività» (d.i.a., today s.c.i.a. «segnalazione certificata di
inizio attività») in order to access and practice services’activities, recurring to the derogatory
system of implicit authorization (silent-assent), ex art. 20 of law n. 241/1990, only
in case of an express rule. This last provision, in particular, regards only proceedings to
be put on the register for the practice of regulated professions.
For how concerns the single desks, they should be used – also through network – by
all subjects practicing services’ activities and living in a EU State, as the only experts able
to give informations and to carry out proceedings. Each single desk, once received a
request, must quickly answer to, also informing about possible irregularities. In accordance
with the rules regarding the right to informations, the article 26 of the implementing decree
contains a specific list of informations which can be obtained by single desks.
The title IV, regarding the simplification’s instruments, ends with article 27 that, for
how concerns the documents exhibition, fixes the general principle in compliance with
all documents issued by other EU States can prove the requested requisites, as long as
the same documents have an equal aim and are able to demonstrate the existence of
necessary requisites.
The decree n. 59/2010 well implements the Directive Bolkestein in the respect of
national traditions and competences of Regions and local authorities. |
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