Changes To Decree November 10, 2014 Laying: «Dellesedi Discovery Of Justices Of The Peace Maintained To The Meaning Of Article 3 Of Legislative Decree September 7, 2012, N. 156.».

Original Language Title: Modifiche al decreto 10 novembre 2014, recante: «Individuazione dellesedi degli uffici del giudice di pace mantenuti ai sensidell'articolo 3 del decreto legislativo 7 settembre 2012, n. 156.».

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-01-30&atto.codiceRedazionale=15A00615&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The MINISTER OF JUSTICE having regard to law No 148 September 14, 2011, published in the Official Gazette on September 16, 2011, # 216 on "conversion into law, with amendments, of Decree-Law no August 13, 2011. 138, establishing a more urgent measures for financial stabilisation and development. The Government delegation for the reorganization of the distribution of judicial offices; Visto l'art. 1, paragraph 1, of Legislative Decree No 155 September 7, 2012, published in the Official Gazette of September 12, 2012, # 213, concerning «new organization of the ordinary courts and Prosecutor's offices in accordance with art. 1, paragraph 2, of the law September 14, 2011, # 148», with which the ordinary courts were suppressed, the branches and the Prosecutor's Office specifically designated by table A attached to it; Visto l'art. 2 of said instrument, with which, in accordance with the provisions of art. 1, consequential changes were made to the Royal Decree of January 30, 1941, n. 12, by providing, among other things, the replacement of the table attached to it with the table in annex 1 of the said instrument; Visto l'art. September 7, 2012, 1 of Legislative Decree No. 156, published in the Official Gazette of September 12, 2012, n. 213 on "review of the judicial districts-offices of justices of the peace, in accordance with art. 1, paragraph 2, of the law September 14, 2011, # 148», which were suppressed the offices of justices of the peace identified by table A annexed to the same measure, leaving its territorial competence as specified in the following table B; Visto l'art. 2 of that Decree, by which it was replaced with art. 2 November 21, 1991 law, n. 374 identified in table A in annex 1, in consistency with regional planning set for the ordinary courts, the District Court of justices of the peace; Visto l'art. 3, paragraph 2, of the same Decree, which establishes that "within 60 days of the publication referred to in paragraph 1 the local authorities concerned, also consortium members between them, may require the maintenance of justices of the peace, with jurisdiction in their respective territories, of which it is proposed the deletion, including through eventual unification, becoming fully operational expenses and justice service delivery in their seats including administrative staffing requirements will be made available to those bodies '; Having regard to the Legislative Decree of February 19, 2014, n. 14, published in the Official Gazette of February 27, 2014, n. 48 concerning «supplementary provisions, the provisions referred to remedial and coordination September 7, 2012 legislative decrees, # 155 and # 156, September 7, 2012, aimed at ensuring the functionality of the courts '; Visto l'art. 1, with which the table A annexed to Decree September 7, 2012, # 155 and the table A annexed to Royal Decree of January 30, 1941, # 12, were replaced by the tables in annexes I and II of the said instrument; Having regard to articles 11 and 12, with whom tables A and B annexed to Decree September 7, 2012, n. 156 and table A annexed to law November 21, 1991, # 374, were replaced by the tables set out in annexes V, VI and VII of the same Legislative Decree; Having regard to the Ministerial Decree of March 7, 2014, published in the Official Gazette of April 14, 2014, n. 87 on "identification of offices of the Justice of the peace pursuant to art. 3 of Legislative Decree No 156 September 7, 2012 '; Having regard to the Decree-Law No 132 September 12, 2014 laying «urgent degiurisdizionalizzazione and other interventions for defining the backlog relating to civil procedure», published in the Official Gazette No. 212 of September 12, 2014 converted, with amendments, by law November 10, 2014, # 162, published in the Official Journal No. 261 of November 10, 2014; See, in particular, article. 21-bis, which, in compliance with the regulatory framework and spatial planning laid down by Ministerial Decree March 7, 2014, the judge's offices are established and Ostia, referring to specific ministerial decree fixing the date of the beginning of its operation; Having regard to the ministerial order of November 10, 2014, published in the Official Gazette of 1 St December 2014, n. 279, with whom, the outcome of the commencement of the deadlines set by Ministerial Decree March 7, 2014 and in art. 3 of Legislative Decree No 156, September 7, 2012 were determined the Office locations of the Justice of the peace, proceeding to the timely recognition of its regional planning; December 17, 2014 5 notes and view with which the municipalities of Mussomeli and Carini had expressed the will to formally revoke the application submitted for the maintenance of their respective justices of the peace, already covered by Annex 1 to the Ministerial Decree November 10, 2014, with which they were identified the offices maintained in accordance with art. 3 of legislative decree September 7, 2012, # 156; Considered that the voluntary assumption of charges relating to operation, and justice service delivery by the entity requesting the maintenance of judicial proceedings constitutes a necessary precondition to achieve the situation outlined by the aforementioned provision; Considered, therefore, that the withdrawal of the application to the maintenance of the Office of Justice of the peace, leading to the lack of the necessary requirement to allow the permanence of the presidio, determines the validity of suppressive provisions enacted in implementation of statutory delegation September 14, 2011, # 148; Considered, therefore, to have to exclude, with immediate effect, the justices of the peace of Carini and Mussomeli from the list of locations maintained with fees to be paid by local authorities, specifically identified by the already mentioned Annex 1 to the ministerial order of November 10, 2014;
Decrees:

Art. 1 The justices of the peace of Carini and Mussomeli are excluded from this list of sites maintained pursuant to art. 3 of Legislative Decree No September 7, 2012. 156, identified by the Ministerial Decree of November 10, 2014.