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Procurement without tender. Works of national interest with accelerated procedures. Revised abuse of office

ROMA – The Simplification decree travels along two tracks. On the one hand, it tries to simplify the life of the citizen in his relationship with public offices. At the same time, contracts without tenders are authorized – albeit under certain conditions. More advantageous rules are coming for officials who sign for criminal liability (abuse of office) and tax authorities (before the Court of Auditors).

Identity card set aside

All digital Public Administration services can be accessed through Spid e Cie, and also through a mobile application. It will no longer be necessary – therefore – to present an identity document if you already have the digital one. It is one of the provisions contained in the Simplifications law decree that the Council of Ministers should already approve on Thursday.

The draft of the provision provides for the obligation for administrations to offer services also in digital and mobile mode; professionals will have the right to open a “digital home”, even if they are not registered. Green light also for the simplification and strengthening of the digital home of citizens as an ordinary means of communication with the PA.

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The decree requires the Public Administration “to develop its own systems with suitable methods to allow remote access to its employees and thus favor the agile work (smartworking)”.

The head of the Department of Digital Transformation of the Prime Minister’s Office will write a Code of technological conduct. It will give homogeneous rules for all public administrations, for ict purchases, for the development of systems and for the design and implementation of digital services to citizens, with rules for the technological training of public employees and experts who support transformation projects digital administrations “.

Direct assignments

To speed up the contract phases, the government proposes that, until December 31, 2021, proceed without tender but with direct award for works up to € 150 thousand and with direct negotiation with at least 5 operators for those of a higher amount, reserving the actual tender only to those above 5 million. Furthermore, the Prime Minister will be able to identify works of national importance for which restricted negotiation procedures will be introduced.

The Fund for the continuation of public works. “The need is to avoid that the temporary lack of public resources (pending the disbursement of funding or for another cause) could constitute an obstacle to the realization of the work”. The beneficiaries of the Fund are therefore the contracting stations.

We read in this regard in the decree: “Until July 31, 2021, the compulsory establishment of the Technical Advisory Board for contracts with a value higher than the Community thresholds or for works of national interest is envisaged. The board, in addition to performing some relevant tasks in theme of suspension and modification of the works, has the function of assistance for the rapid dispute resolution or technical disputes. ”

Leu: “No to masked condoms”

This package usually alarms Free and Equal. “Simplifying the procedures to accelerate the economic recovery and in particular that of the construction sector is a fair and acceptable choice. Behind the regulatory and bureaucratic simplifications, however, the traditional attempts of masked building amnesties and steps backwards in the protection of the environment cannot hide of the landscape “, says the leader of Liberi e Uguali in the Chamber, Federico Fornaro.

“A wild deregulation, in fact, would produce devastating effects on a fragile and largely compromised territory, in addition to a setback regarding workers’ rights and the fight against corruption. The announced simplification decree must not therefore be a dangerous and antihistoric free all both with respect to environmental protection and in combating mafia infiltration in contracts and subcontracting “, concludes Fornaro.

Abuse and Court of Auditors

The decree intervenes on article 323 of the Criminal Code “absolving” the public official who moves within those margins of discretion that are allowed by law or regulation. Until 31 July 2021, the liability of the persons subject to the control of the Court of Auditors is limited “to the only intentional profile for actions and not also for omissions”. In this way, therefore, public employees can incur liability especially if they do not (due to omissions and inertia) with respect to doing, where liability is limited to willful misconduct.

The green projects

On the environmental front, the decree introduces “a simplified mechanism for the release of public guarantees by Sace in favor of projects of the green new dea” – therefore with an innovative and environmentalist cut –“in line with the environmental strategy promoted by the EU Commission”.

The procedures for interventions against geological instability: “Compared to current legislation, the times for allocating funds to commissioners are simplified and speeded up”. They will be able to “proceed immediately with the start of the planning and implementation of the interventions”.

“In addition,” an extraordinary maintenance plan for the forest territory and montano “, with procedures also in this case facilitated.

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