Another text armored by the technicians has arrived in Parliament. Our ladies and gentlemen had no choice but to vote, and so they did: the Senate has given the green light to the trust placed by the Government on the liberalization decree. There were 237 votes in favour, 33 against and 2 abstentions. The provision is now being examined by the Chamber and must be converted into law by 24 March. The decree will thus be transformed into law shortly before its expiry date. The changes to the initial text have merged into a single maxi-amendment which follows the version approved by the Industry commission.
The international community recognizes that “Italy is shifting gears – Prime Minister Mario Monti said in an interview with Bloomberg -, trying to adopt a system of government that is a little less Byzantine and a little more transparent. We cannot hope to complete a generational change that normally takes a generation in 12 or 15 months. But it's important to put it in the moment."
Today's is yet another trust requested by the Executive, which up until now has always chosen this path to obtain Parliament's approval for its decrees, including the most recent ones, such as the thousand extensions and dl on tax simplifications. A choice dictated by time reasons (for the Professor's credibility in the eyes of Brussels, speed of action and compliance with deadlines are vital), but also from domestic political reasons.
For obvious electoral needs of the parties, the one on liberalizations is a particularly delicate text, especially from the perspective of the PDL, but not only. The protection of corporate interests, on both sides, has led the different groups to propose an endless list of changes: the amendments presented to the decree yesterday reached the astronomical figure of 1.700, in addition to the 141 already approved in the commission. The trust hypothesis has thus become a certainty.
Let's now see what are the main innovations introduced by the decree, starting from the most recent:
TAXI, THE MAYORS WIN
We joked about taxis: almost all the powers on the number of licenses and the amount of the fares will remain in the hands of the mayors. The nascent Transport Authority - which will leave immediately and no longer within six months - will give its opinion, but it will not be binding. The first citizens will be able to act independently and in the event of disagreement, the Authority will only be able to appeal to the TAR. The Government would have liked to do more, but was blocked by the PDL.
PHARMACIES, ONE FOR EVERY 3.300 INHABITANTS
The quorum of inhabitants to refer to to open a new pharmacy rises from 3.000 to 3.300. It is a compromise solution (the Pdl wanted to go up to 3.500 and there were those who even spoke of 3.800), which in any case will allow the opening of about 4.800 new establishments, to be assigned in a competition which will be announced by 2012. Parapharmacists they will enjoy a privileged score in the final ranking and, as compensation for not having obtained the possibility of selling class C medicines, they will immediately be able to trade veterinary and galenic products.
AUTO TPL, ACCIDENT-FREE AUTOMATIC REDUCTION
The reduction of the motor liability premium will be "automatic" "to the extent previously quantified in relation to the class to which the policy belongs and explicitly indicated in the contract". Otherwise, an administrative sanction will be imposed by Isvap. The penalties for those who damage insured property or for those who mutilate themselves for the purpose of defrauding insurance companies are increasing: the minimum penalty goes from six months to one year and the maximum from four years to five years.
PA WILL BE ABLE TO PAY PAYABLES WITH OFFSET
With the agreement of the creditors, public administrations will be able to settle their debts in "compensation". In these cases, the ongoing disputes "are waived".
LEGALITY RATING FOR COMPANIES
It is a register to be created at the Antitrust. The aim is to verify the correctness of the companies towards the tax authorities and the state. Easier access to public funding and bank loans is expected for the virtuous.
BANKS: ZEROED COMMISSION ON CREDIT LINES
"All the clauses which envisage commissions in favor of the banks against the granting of credit lines, their availability, their maintenance, their use even in the event of overdraft in the absence of credit lines or beyond the limit of the trust”.
CIVIL PROTECTION, NO MORE BIG EVENTS
The management of major events is excluded from the competences of the Civil Protection.
IMU TO THE CHURCH
Cut the exemptions from the new single municipal tax that benefit non-commercial entities, including the Church. Only properties in which a non-commercial activity takes place exclusively will not pay, while for "mixed" ones the exemption will be limited to the fraction of the property dedicated to worship. As for Catholic schools, those whose activity is carried out in a "concretely and effectively non-commercial" manner will be exempt. That is to say those that do not make profits or reinvest them completely in the didactic activity.
PENSIONS: FREE CURRENT ACCOUNT UP TO 1.500 EUROS
For now, the rule that allows pensioners to open a bank account free of charge (no opening or management costs), provided they do not receive checks exceeding 1.500 euros per month.
BANKS, OK FOR THE POLICY CHOSEN BY THE CUSTOMER
Institutions that require customers to take out life insurance to take out mortgages or loans will have to accept the policy chosen by the customer on the market, without prejudice to the obligation for banks to present at least two estimates from companies not related to them. Furthermore, banks will not be able to force those who want to take out a mortgage to also open a current account.
SNAM-ENI SEPARATION FROM SEPTEMBER 2013
Certain times for the spin-off of Eni from Snam: by May 2012 there will be the decree of the Prime Minister which will have to indicate "the criteria, conditions and methods" of the separation, while by September 2013 the "ownership separation" model will have to be adopted ”.
CORPORATE COURTS RISE TO 20
The company courts established with the cresci-Italia increase from 12 to 20. The new sections – born from the conversion of other sections already present in some courts – will deal with disputes on industrial property, unfair competition, copyright, class actions and lawsuits between partners. Lombardy will be the only region to have two: in Milan and Brescia. Turin and Venice will be responsible for Valle D'Aosta and Trentino Alto Adige respectively.
SRL FOR UNDER 35, THE NOTARY IS FREE
Young people under 35 will be able to start limited liability companies by paying a symbolic price of one euro, to which not even notary fees will be added. The public deed will remain mandatory, but in these cases the notaries will be forced to work for free.
STOP AT BANKS-FOUNDATIONS CROSSES
Anyone who carries out guidance, management and control functions in foundations cannot sit on the management and control bodies of banking companies that compete with the transferee bank at the same time.
PROFESSIONALS: STOP OBLIGATION OF QUOTES, BUT GOODBYE RATES
Confirmed the government's step back on the obligation of professionals to make a quote "in written form" to the customer if the latter requests it. Green light also to the flat-rate and "agreed" "reimbursement of expenses" only after the first six months for trainees. The repeal of tariffs in regulated professions also remains.
INTERNSHIPS
Trainees in the professions are granted a flat-rate reimbursement of expenses and agreed after the first six months of the traineeship, which will instead be free.
TAX TO COMPANIES TO FINANCE THE ANTITRUST
Starting from 2013, a contribution from large companies (those with revenues exceeding 50 million euros) equal to 0,08 per thousand of turnover was established for the functioning of the Competition Authority. “Any changes” to the amount and methods of contribution “may be adopted by the Authority itself with its own resolution, within the maximum limit of 0,5 per thousand of the turnover resulting from the financial statements approved prior to the adoption of the resolution”. However, the maximum contribution threshold remains unchanged, which cannot exceed one hundred times the minimum amount.
FS-RFI SEPARATION
By 30 June 2013, the Transport Authority will have to send a report to the government and Parliament "on the efficiency of the different degrees of separation between the company that manages the infrastructure and the railway company".
OK CORPORATE CONTRACTS FOR RAILWAY COMPANIES
For railway companies and international associations of railway companies, the obligation to comply with the national collective agreements of the sector remains suspended, but the working conditions of the personnel must be defined by the "collective bargaining carried out by the most representative organizations at national level". Basically, working conditions can be negotiated between the most representative trade unions at national level and the company itself.
MORTGAGES: GOODBYE TO OLD MORTGAGES
Mortgages on mortgages paid before 2006 are canceled automatically, without having to go to the notary.
