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Doubts unconstitutional SCIA

The notes for clarification of the Ministry of Simplification - contained in the circular of 16 September and on the applicability of the Certified Report of Activities beginning in the building - not dissolve the doubts generated by replacing the DIA with the new qualifying title. Several problems encountered in the practical application of the Shah, many regulatory gaps that the new institution - as introduced by L.122/2010 and despite the ministerial notes - still presents.

Motivated counter-institutional interventions, designed to shed light on the subject, come ANCI Toscana and the Infrastructure and Public Works ANC, both united by the same goal: a reminder of the urgent need to implement the Wake of the text only ' building (Decree 380/2001).

The stronger the question raised by the Region of Tuscany, according to his Advocacy Article 49, paragraphs 3 and 4 bis of Law 122/2010 and then the introduction of the Shah in construction, is unconstitutional. The new law, in fact, effectively replacing also regional laws the word "Dia" with "Wake", would violate their autonomy to legislate on government land, as opposed to what is stipulated in art. 117 of the Constitution.

There is a risk that all the SCIA submitted to date in the building, where there is competition between State and Regions, may be considered void, unless before the new procedure is not implemented in the Act on construction, the DPR 380 .

Let's see what are the arguments behind the demands of each of the 3 Entities:

ANCI Toscana

The ANCI Toscana - while not disregarding the scope of the reform introduced by art. 49 of L. 122/2010 and accordingly the amended art. 19 of Law 241/1990 - takes a stand in support of the continued existence of the previous legislation, and therefore the DIA as a qualifying title, at least until the demand and advocated reform of the Consolidated Housing. Notes, in addition, the presence in the current state of a "procedural Babel".

Two documents: the circ. of 17 September and the circ. of 27 September, in which the Association of Municipalities Tuscan argues the reasons in support of the arguments mentioned above. Scorriamone a few:

• Lack of coordination between the new legislative institution of Wake and Decree 380/2001. The amended Article 19, in addition to not make explicit reference to the TEU, is contrary to, at some points, with the same. An example: the system of penalties stemming from the new institution is ill "grafted" on the previous legislation on the subject of repression of the works carried out in the absence of DIA DIA or deficient conditions. And again, the sorting building provided by the TU is not calibrated on a short time on the exercise of repressive powers by the new legislation.

• No force repeal of the new provisions in relation to the TUE.L 'main argument is derived from the ordinary hierarchy of laws: a general law innovative (L.122/2010) may not abrogate effects, if not expressly stated in it, to sector regulations already in place (in this case the TEU). And, the new art. 19, not only no reference to their building, but above all, in it there is an explicit repeal of the provisions of the TEU, which certainly can not be read in the general provision on the substitution - in national and regional legislation - the term "Dia" with "Wake". The result: until there is a single state legislative action on the text, the Dia remains in force, maintaining its "raison d'être".

• Gaps in regulatory and non-suitability of the new art. 19 to regulate the exercise of the powers of control and repression by the competent offices. Also as a result of the deficiencies found by Anci Ministerial clarifications are many, there is, in fact, co-ordination between the general discipline on the Trail and the traditional institutions of the sector, such as variations in the process, amnesty, charges, penalties. There are still signs on the substantive law of the interventions, since there is - even in the notes of the Ministry of Simplification - any indication to the structure of the variants Wake, Wake on amnesty in, on-time payment of charges for operations subject to the new qualifying title . There is also clarity on penalties applicable to work performed in the absence of Wake, or in the case of signaling-deficient conditions.

• Lack of discipline which guarantees the right time and manner of transition to the new regime. The new legislation has not given adequate time to administrations in order to pass by the DIA to Wake, time is getting worse especially in reference to the numerous shortcomings that have left in difficulty operators of public bodies.

The ANCI Toscana at the conclusion of both circular and in order to cope with the problems exposed, calls for the adjustment of the articles of the TEU inherent Dia, the new institution of Wake, because, in the absence of a suitable framework to guide the activities of the offices, it is not possible to apply the new qualifying title.

The Infrastructure and Public Works ANC:

At the conclusion of this process, the Commission Infrastructure and Public Works ANC met in Rome on 30 September, under the presidency of Andrew Camaiora to request that "the Report of Certified Home Activity is transposed by the Act on construction, the Presidential Decree 380. " The effect of this meeting will be sending a letter to the relevant ministries (Ministry of Legislative Simplification, Ministry of Economy and Finance, the Ministry for Public Administration, the Ministry of Infrastructure) to request the necessary revision of the text as desired, and reach, through collaboration, a joint solution that puts an end to the "ferraginosità system" current.

The Region of Tuscany:

In the last days of September, the Regional Council has passed a resolution regarding the unconstitutionality of some articles of the budget law, including Article 49, paragraph 3 and 4a and authorized the President Rossi to raise the question of their constitutionality. The introduction of the Shah in place of Dia also regional laws, according to the Attorney Tuscan "undermines the legislative autonomy of the Regions" and is unconstitutional because it "violates the powers of the Region in the area of ​​government of the territory," in contrast with the 'art. 117 of the Constitution.

It remains to wait for what will be the developments and the replies of the institutions, for now it remains a law incomplete together with the perplexities and difficulties of application of the "procedural Babel."

In Depth:

ANCI Toscana • Circular of 17 September 2010: "Early indications on the consequences of the change of RA. 19, 7 August 1990, 241, arranged with the law July 30, 2010, 122, into the building."

ANCI Toscana • Circular of 27 September 2010: "Still the inapplicability of the SCIA in the building in the absence of the necessary adaptation to Presidential Decree 380/01: postscript on the ministerial memorandum of 16 September."

• Public Works - Anci Commission: "The SCIA is introduced into the Consolidated Building '. News from ANC website.

• Tuscany news, news agency of the Regional Council, Tolls on the fittings and "Wake" for the region are illegitimate.

• Notes for clarification of the Ministry for Simplification of Laws, Legislative Office. Report of Certified Home Activity. Article 49 paragraphs 4-bis and following of Law n. 122 of 2010.

• The LAW 30 July 2010, n. 122 Conversion into law, with amendments, of Decree-Law of 31 May 2010, n. 78 urgent measures for financial stabilization and economic competitiveness.

• Construction SCIA. The Economic Maneuver changes the DIA

In force since 30 July 2010 the law 122 which introduces the SCIA (Reporting of Certified Home Activity) to replace the DIA.

Purpose of the measure: simplification.

The reality: uncertainty about its application.

• Wake: initial consultations by the Ministry of Simplification

Some answers to clarify the many doubts raised by the law of introduction of the SCIA. Sanctioned the first application of the new qualifying title in their building.

 

08/10/2010

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Translated via software

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Source:

Italian version of CercaGeometra.it

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