The Simplifications decree will be launched by the Government by May and will mainly serve to facilitate the implementation of the Recovery Plan. "The most urgent simplification interventions, starting from those instrumental to the implementation of the Pnrr projects - we read in the plan approved by Parliament – will be adopted through a decree law which will be approved by the Council of Ministers within the first week of May and converted into law by mid-July. The other interventions will come with ordinary laws, enabling laws and related delegated decrees, to be approved by 2021".
In general, the reform is “aimed at rationalizing and simplifying legislation, repealing or amending laws and regulations that excessively hinder the daily life of citizens, businesses and the public administration. The reform intervenes on the laws on public administrations and public contracts, on the rules that are an obstacle to competition, and on the rules that have facilitated fraud or corruption episodes".
SUPERBONUS 110%
A chapter of the provision arriving in May will be dedicated to the Superbonus 110%, of which the Prime Minister, Mario Draghi, spoke to the House on Tuesday. On this front, there are two novelties. First of all – as emerges from the draft of a part of the decree, the one edited by the Ministry of Ecological Transition – condominiums who have applied for building amnesty will also be allowed to request the subsidy; if the amnesty is then denied, the 110% Superbonus will be revoked. Furthermore, the perimeter of the measure should be extended to the construction of hotels and boarding houses.
PUBLIC CONTRACTS
The Simplifications decree of May - still reads in the Recovery Plan - will also introduce special legislation on public contracts that strengthens the simplifications already launched with decree-law n. 76/2020 and extend its effectiveness until 2023, with particular regard to the following measures:
• Anti-mafia checks and legality protocols.
• Fast Services Conference.
• Limitation of liability for tax damage to cases in which the production of the damage is intentionally intentional by the person who acted, with the exception of damage caused by omission or inaction.
• Establishment of the technical advisory board, which has functions of assistance and dispute resolution with the aim of quickly settling disputes out-of-court and reducing litigation before the judge.
• Identification of a maximum term for the award of contracts, with a reduction in the time between publication of the announcement and awarding.
• Identification of measures to limit contract execution times, in relation to the types of contracts.
SUSTAINABILITY
On the environmental front, according to the Recovery Plan, the Simplifications decree will establish "to submit the works envisaged by the Pnrr to a special state EIA which ensures speeding up the completion times of the procedure, delegating to a special Commission the carrying out of the assessments in question through accelerated modes”.
Furthermore, "as regards the relationship between the EIA and the other environmental authorization instruments - the plan continues - the operation of the Single Provision on Environmental Matters (PUA") must be further expanded, which, replacing any other authorization deed , must become the ordinary discipline not only at the regional level, but also at the state level; precisely in this perspective, it should also be envisaged that this single provision can always also absorb the authorization documents necessary for the approval of reclamation projects (as already envisaged at the regional level)".
Finally, the aim is to "strengthen the operational capacity of the new Ministry of ecological transition, also allowing it to rationalize recourse to the contribution of in-house companies, public research bodies and other public bodies operating in the ecological transition sector".
