Operating Modes For The Exercise Of The Advisory Function Of Memberstatein2005Asindicatedinthetableinparta, November 6, 2012, Law No. 190 And Implementing Decrees And, Regarding Procurement, In Accordance With Article 3, Paragraph 3 Of The Regulation O...

Original Language Title: Modalita' operative per l'esercizio della funzione consultiva di cuialla legge 6 novembre 2012, n. 190 e decreti attuativi e, in materiadi appalti pubblici, ai sensi dell'articolo 3, comma 3 del«Regolamento sull'esercizio della funzione di componime...

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-02-10&atto.codiceRedazionale=15A00844&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The PRESIDENT Adopted by the authority at its meeting on September 2, 2014. 1. advisory activities of the national anti-corruption authority authority-which took over the functions and responsibilities of the authority for the supervision of public contracts for works, services and supplies, following cancellation of the latter, prepared by art. 19, paragraph 1, of Decree Law June 24, 2014, # 90, converted with amendments by law No 114-August 11, 2014 in the exercise of its institutional activities, also plays a consultative role. This activity is expressly provided for by specific provisions: 1) art. 6, paragraph 7) (n) of legislative decree April 12, 2006, # 163 (running the Anac has adopted the "regulation on the exercise of the function of settlement of disputes", published in the Gazzetta Ufficiale-serie generale-September 12, 2014, n. 212) provides that the authority, at the initiative of the contractor and one or more of the other parties, expressed non-binding opinion on issues that arise during the course of the tendering procedures, where appropriate formulating a possible solutions; 2) art. 69, paragraph 3, of the Decree provides that the authority is bound to give a ruling within 30 days, on the compatibility with Community law of the special conditions of fulfillment of the contract provided for in the contract notice or in the invitation; the combined provisions of articles 1, paragraph 82 of law November 6, 2012, 15, paragraph 3, and # 190, of Legislative Decree no April 8, 2013. 39, attaches to the authority, in the case of dismissal of Summit (including by municipal or provincial Secretary) or executive power to formulate, within 30 days, an opinion, containing possibly a request for review of the action taken by the Administration, where there is a correlation between the measure of revocation and the activities on the prevention of corruption carried out by the party against whom the waiver is placed; 3) art. 1, paragraph 2, point e), of the above Act # 190/2012 gives the Anac empowered to give opinions on optional permissions to external mandates referred to in art. March 30, 2001, 53 of Legislative Decree No. 165 of national public authorities and State administrative officers. The authority, however, also plays a consultative activity not expressly provided for by specific legislation. In particular, for what concerns the functions referred to in art. 6, paragraph 7) (n) of the d.lgs. April 12, 2006, # 163, the aforementioned regulations on the exercise of the function of settlement of disputes» provides in art. 3, paragraph 3, that the requests for opinion declared ineligible, where legal matters deemed relevant, are treated with a view to the adoption of a decision of the Authority also to General information. With regard to the prevention of corruption, inconferibilita and incompatibility of offices, the codes of conduct of civil servants and transparency, the authority carries out an advisory activities with regard to problems of interpretation and application of the law # 190/2012 and its implementing decrees. The Department of civil service, with the note of October 7, 2013 (acquired at prot. n. 9353/2013), traced the formulation of opinions concerning the interpretation of the Legislative Decree of April 8, 2013, # 39 within the supervisory function. Although it is an opinion expressed with specific reference to the opinions on the subject of inconferibilita's and incompatibility of mandates, it was intended by the authority as an expression of a general principle, under which the consultative activity is understood as prodromal activity at the exercise of the power of supervision. This activity has been the subject of a first procedure with the decision taken on May 15, 2014, which means fully replaced by this Act for the part relating to ' answers to questions '. Under the reorganization following the Suppression of the national anti-corruption authority Avcp and transfer of its tasks and functions, it is considered necessary to adopt uniform criteria and a uniform procedural to formulate opinions at the request of private and public administrations who submit to the Authority an assessment on each individual case, on the prevention of corruption, incompatibility and inconferibilita ' assignments , public ethics and conflicts of interest, public procurement and transparency requirements. 2. purpose this Act is aimed at regulating the exercise of the advisory activities carried out by the authority in the field of public procurement outside the hypothesis of art. 6, paragraph 7) (n) of Legislative Decree no April 12, 2006. 163 as well as ' consultative activity aimed at issues of interpretation and application solution posed by law November 6, 2012, # 190 and its implementing decrees. Do not fall within the scope of this deed the opinions specifically provided for by specific legislation and acts of a general nature ("determinations") on questions of interpretation and application of relevant interest for authority regardless of the wording of questions by third parties and that still does not relate to specific cases. 3. procedure for formulating opinions and guidelines instances of opinion, forwarded to the authority under any title, are the responsibility of the Litigation and Legal Affairs Office. The Office evaluates the relevance of instances received beforehand on the basis of the criteria laid down in paragraph 4 and on a weekly basis, shall submit to the President proposals for formulating opinions and guidelines (i.e., directions in summary form for the solution of the question represented) and reasoned proposals for the next submission to the Council. If presuppositions, on a reasoned proposal by the Office storage offers the transmission the instance to the competent supervisory office. The opinions and guidelines formulated by the Office on the basis of the addresses given by the President are subject to the approval of the Council. The opinion can be made by the Executive in short form in case the subject matter the instance does not require in depth because of the peaceful interpretation, taking into account the background of authority and/or consolidated shared jurisprudential authority. The opinions in short form are communicated on a weekly basis to the President. Check-ins are clearly irrelevant and/or manifestly irrelevant instances are dealt with by the Director who shall forward them to the President every fortnight, along with copies of the instances themselves. 4. criteria for the formulation of advice and guidelines-litigation and Legal Affairs Office currency for the purpose of preparing the opinion or orientation instances presented by: 1) public administrations and private sector entities to public scrutiny;
2) individuals recipients of a decision in proceedings of public administration or a private law body in public scrutiny. Authority, except in the cases referred to in paragraph 2), not educating requests coming from individuals; However, the instance will be evaluated for the purposes of any exercise of supervisory activity. The assessment of the relevance of the instances which reach the authority for the purposes of formulating an opinion or an orientation is done taking into account the following criteria: a) character of thematic news request object;
b) general scope of the legal question raised and their usefulness in guiding other addressees of the legislation;
c) particular complexity of provisions in relation to which it is consulted;
d) relevance of the question, as a prerequisite for the exercise of supervisory activities;
d) importance of the request in terms of socio-economic impact;
and significance identified in relation to the profiles ') General objectives of transparency and prevent corruption pursued by the authority. 5. communications and marketing advice and guidelines approved by the Council shall be sent to the Communications Office for posting on the website of the authority. The publication is communicated to the interested parties by certified mail. The applicants can get information about the success/status of exclusively using the address ufficio.affarigiuridici@anticorruzione.it the answer to the request for information will be provided after 60 (sixty) days from receipt of requests, only when an applicant has indicated an e-mail address.
Rome, January 14, 2015 President: Canton Deposited at the Secretariat of the Council on January 28, 2015. Secretary: Esposito