In the early nineties, administrative simplification
policies have been undertaken through parliamentary laws, and
introduced a series of instruments and ad hoc interventions for a
procedural simplification of the regulatory system.With
the adoption and enactment of the Administrative Procedure Law of
1990 a set of tools have been introduced, in order to make the administration
more accountable and efficient.Specific time
limits have been set for administrative decision-making, and a general
time limit of 3 months. The rule of "silent is consent" which applies
unless otherwise stated and the notification of the beginning of an
activity, instead of licences and permits previously needed have been
introduced, as well as agreements between stakeholders and private
administrations, substituting the formal administrative act in some
cases.A following law (537/93) has pursued
the procedural simplification process and, in particular, the reduction
of times and costs of the administrative activities.In
the second half of the nineties, simplification has become one of
the key element of a broader regulatory reform on-going process, characterised
by the delegation of powers from the Parliament to the Government
in order to simplify the regulatory environment through secondary
regulation (so called de-legislation). The approach to regulatory
reform, although keeping its emphasis on simplification, presented
new distinctive characters. In particular, the objectives of administrative
simplification policies were not only aimed at reducing the times
and costs of the administrative activities, but also at cutting
off public intervention and useless administrative burdens. The
one stop shops for productive activities, introduced in 1998,
and the initiatives for a widespread use of self-certifications,
instead of the public certifications, are among the range of instruments
introduced to realise such objectives.Moreover,
simplification policies have become one of the aspects of a wide regulatory
reform agenda, enriched with the introduction of regulatory impact
assessments for all new regulations, and the production of consolidated
codes (containing primary and secondary regulations).With
the so-called Bassanini laws (59/1997, 50/99, 340/200), procedural
simplification has been carried out through a general de-legification
tool, consisting of the indication of specific administrative
procedures, to be reviewed and streamlined through regulations (secondary
norms). Regions and Municipalities adopt the simplified procedures in some
cases (so called administrative federalism).
For example, the Governmental Decree of liberalisation
of trade transferred to the Municipalities the power of licence issuing.Another
tool, that of the annual simplification laws, has allowed the
Government to continuously update the simplification process and its
results, following parliamentary criteria and principles. Finally,
with the aim of supporting the regulatory reform program a central
ad-hoc body of experts for the simplification of the norms and
procedures has been created, from 1999 to 2002.The
simplification policies and instruments introduced have been aimed
at realising a systematic regulatory reform. However, the implementation
phase has faced difficulties in some cases: for example, the regulatory
impact assessments have been carried at an experimental stage only,
and more training as well as a cultural change in regulatory and administrative
decision making are needed for a full use of its potential. Regulatory
reforms framework is now being profoundly reshaped in Italy, with
the new allocation of powers, between the State, the Regions and the
local entities, following the constitutional reform of 2001.
Indeed, the transfer to Regions of concurrent
and exclusive legislative, as well as regulatory powers (the latter
in all areas not expressly under the State exclusive responsibility),
and the devolution of administrative functions to local entities urge
the need for a wide-spread awareness of simplification policies and
tools among regional and local decision-makers and administrators.The
implementation of the e-government Action Plan (2000) is also
having a great impact on simplification policies, enabling the administration
to work faster, more efficiently, and with lower costs, in particular
in the areas of e-procurement, tax filing, and one stop shops.
As for the latter, One-Stop Shops have been created at
local level, responding to the needs of business and citizens to interact
with a single administration and to receive a single answer,
through a single procedure, substituting up to 43 previously needed
authorizations and acts. This tool has notably decreased costs and
shortened times, as well as favoured the territorial development.Finally,
with the new annual simplification law, approved in July 2003,
a new phase of regulatory reform started. Administrative
interventions should be eliminated, or
substituted with the notification of beginning of an activity, silence
is consent, or self regulation, in a broader range of cases. As far
as regulatory simplification is concerned, the technique of
consolidating primary and secondary regulations in a unique code,
is substituted with a new form of "codification": substantial interventions
in strategic subject matters will be made possible through the issuing
of Government legislative decrees, primary laws "codes" aimed at recasting
and reducing the legislative stock. Among others, a recasting code
will be issued in the area of normative production, simplification,
and quality of regulation. Mandatory regulatory impact assessment
is extended to Independent Authority Regulatory acts.As
far as procedural simplification is concerned, de-legification
is now only one possible tool of simplification, and the simplification
law and the legislative decrees have to determine on a case by case
basis if secondary rules are necessary for simplification purposes,
also in consideration of the different allocation of regulatory powers
between State and Regions.
"The present work express the autors personal opinion and does
not bind the Presidency of the Council of Ministers of Italy".