The Council of State rejected the decree on the Rai license fee. At risk is compliance with the timing envisaged by the Government on the basis of which the tax should be included in the July electricity bill. The rule remains valid and in force, however the Council observed that the implementing decree of the Economic Development contains inaccuracies that will have to be corrected: it does not contain a "definition of TV set", nor references to the fact that the license fee must be paid only once even if there are several televisions in the house.
According to the technicians, it is therefore necessary to clarify that each family will have to pay only once and only and exclusively if they have a TV that receives programs directly "or through the decoder".
The Council of State also observes that the collection of the new fee poses a privacy problem, given the large amount of data that will be exchanged between the "institutions involved, i.e. the Tax Registry, the Electricity Authority, the Single Acquirer, the Ministry of internal, Municipalities and private companies”. The ministry decree does not provide for any "regulatory provision" that ensures compliance with the legislation on the protection of personal data.
The provision, according to the administrative body, would also be unclear, especially in the passage in which it regulates the categories of users subject to the payment of the tax, as well as in the chapter in which we speak of the self-certification to be sent to the Revenue Agency for certify that you do not own a TV set.
The fulfilments for those who do not have to pay the heavy tax are such as to impose a widespread information campaign on the State, which the decree does not provide for. Finally, the Council of State points the finger at the fact that the Ministry of the Economy has not given a formal go-ahead, limiting itself there to acknowledging the existence of this act. In the absence of the "concert", however, there is a risk of undermining the "formal correctness" of the administrative procedure.
