[ad_1]
President Sergio Mattarella signed the Simplification Decree, but accompanied the signing of a letter to the Presidents of the Chamber and Senate and the Prime Minister in which he stressed that “various provisions” are not attributable to the original purposes and invites the Government “to monitor so that during the parliamentary examination of the decree-laws clearly heterogeneous norms are not inserted regarding the object and purpose of the emergency measures. ”Finally, it represents“ for Parliament the need to operate in such a way that the activity of amendment is carried out in full coherence with the content limits derived from the constitutional provision “.
“I proceeded with the enactment above all taking into account the relevance of the provision in the difficult economic and social situation”, Mattarella underlines in the letter to Roberto Fico and Elisabetta Casellati, with which he explains the reason for his observations on the Simplifications dl and the reason that led her in any case to sign the provision.
The President of the Republic, Sergio Mattarella, promulgated the conversion law of the decree law of July 16, 2020, n. 76, which contains “Urgent measures for digital simplification and innovation” and at the same time sent a letter to the presidents of the Senate of Repubblica, Maria Elisabetta Alberti Casellati, of the Chamber of Deputies, Roberto Fico, and to the president of the Council of Ministers , Giuseppe Conte.
Here is the text: “Today, for the promulgation of the law for the promulgation of the decree law July 16, 2020, n.76, which contains” Urgent measures for digital simplification and innovation, was presented to me. The provision, originally composed of 65 articles, for a total of 305 paragraphs, at the end of the parliamentary examination is composed of 109 articles, for a total of 472 paragraphs.
As specified in the preamble, the decree-law seeks to respond to the double need to facilitate investments and the construction of infrastructures through a series of procedural simplifications, as well as introducing a series of simplification measures in the field of administration. digital, responsibility of administrative staff, business activity, environment and green economy, to face the economic consequences derived from the epidemiological emergency of Covid-19. The text that has been presented to me, with the modifications introduced in the parliament, however, contains various provisions, among which are in particular those contained in article 49, which modify fifteen articles of the Highway Code, which are not attributable for the aforementioned purposes and not a matter originally governed by the provision. Law no. 400 of 1988, an ordinary law of a legal nature also intended to implement article 77 of the Constitution, includes homogeneity of content between the requirements of the decree-laws. The Constitutional Court has repeatedly referred to compliance with this requirement. Finally, in sentence no. 247 of 2019, the Court observed that “The conversion law is a functionalized source for the stabilization of a provision with the force of law and is characterized by a peculiar and simplified approval procedure compared to the ordinary one. Therefore, it cannot be open to any content 96-bis of the regulations of the Honorable Chamber of Deputies, in particular, as required. Under penalty of being used for purposes other than those that justify the act with force of law, the provisions introduced during the conversion must be able to connect to the content already governed by the decree-law, or, in the case of governmental measures of multiple content, “to the dominant proportion of the original provision considered as a whole” (judgment No. 32 of 2014) “. In the case in question, through a single modification approved by the Fund Committee of the Senate at first reading, significant actions were taken in a discipline, road traffic, which, among other things, has immediate repercussions on the daily life of people.
Therefore, the amendment was transfused into the broader amendment that completely replaces the single article of the provision, a text in which the Government, both in the Senate and in the House, has raised the question of trust. I continued with the enactment especially keeping in mind the importance of the provision in the difficult economic and social situation. However, I urge the Government to ensure that the parliamentary review of the decree-laws does not include clearly heterogeneous rules regarding the object and purpose of emergency measures. I also represent to Parliament the need to operate in such a way that the amendment activity is carried out in full coherence with the content limits derived from the constitutional provision. ”
“In the preamble, the decree-law tries to correspond to the double need to facilitate investments and the construction of infrastructures through a series of procedural simplifications. The text that is presented to me, with the amendments made in parliament, however, contains various provisions, including in particular those contained in article 49, which amends fifteen articles Traffic laws, which are not attributable to the purposes indicated and do not correspond to matters originally governed by the provision “, writes the President of the Republic.
[ad_2]
