Exclusion From The List Of Venues For The Justices Of The Pacemantenuti Within The Meaning Of Article 3 Of Legislative Decree September 7, 2012, # 156, Of The Office Of Justice Of The Peace Dilanghirano.

Original Language Title: Esclusione dall'elenco delle sedi degli Uffici del Giudice di pacemantenuti ai sensi dell'articolo 3 del decreto legislativo 7settembre 2012, n. 156, dell'Ufficio del Giudice di pace diLanghirano.

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-05-13&atto.codiceRedazionale=15A03526&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The MINISTER OF JUSTICE having regard to act September 14, 2011, n. 148, published in the official journal of September 16, 2011, n. 216 concerning "Conversione in legge, con modificazioni, del decreto-legge 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; Having regard to article 1, paragraph 1, of Legislative Decree No 155 September 7, 2012, published in the Official Gazette of September 12, 2012, n. 213 concerning «new organization of the ordinary courts and offices of the public prosecutor in accordance with article 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; Having regard to article 2 of the said instrument, with which, in accordance with the provisions of article 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; Having regard to article 1 of legislative decree September 7, 2012, # 156, published in the Official Gazette of September 12, 2012, # 213 on "Revision of judicial districts-offices of justices of the peace, in accordance with article 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 , sharing its territorial competence as specified in the following table B; Having regard to article 2 of that Decree, which replaced article 2 of law November 21, 1991, # 374, identifying in table A in annex 1, in consistency with regional planning set for the ordinary courts, the District Court of justices of the peace; Having regard to article 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 '; Having regard to article 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 justices of the peace within the meaning of article 3 of Legislative Decree No 156 September 7, 2012 '; Having regard to the September 12, 2014, Decree-Law No. 132 concerning "urgent measures of 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, with whom, in compliance with the regulatory framework and spatial planning laid down by Ministerial Decree March 7, 2014, the judge's offices have been set up and Host, 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 implementing article 3 of Legislative Decree No September 7, 2012. 156, were determined the offices of justices of the peace maintained with fees to be paid by local authorities, proceeding to the timely recognition of regional planning set for proximity justice; Having regard to the Ministerial Decree of December 18, 2014, published in the official journal of January 30, 2015, # 24, with which, noted the unique willingness to withdraw an application submitted pursuant to article 3 of legislative decree September 7, 2012, # 156, the justices of the peace of Carini and Mussomeli were excluded from the list of locations maintained, leading to these principals the term of the provisions adopted in implementation of statutory delegation suppressive September 14, 2011 , # 148; Considered that the voluntary assumption by the requesting body maintaining judicial justice, of charges relating to the supply of the service, with the exception of those relating to the staff of the judiciary is a prerequisite necessary attendant thereon, Honorary so that you realize the facts outlined in article 3 of legislative decree September 7, 2012, # 156; Considered that the taking of such charges corresponds, to the organisation, the obligation to ensure the persistence of functional requirements and operation of the Office kept occurred in the assessment of the instance and the basis of the decisions adopted by the aforementioned ministerial decrees March 7, 10 November and December 18, 2014; Considered in particular that for venues specifically listed in annex 1 to the ministerial order of November 10, 2014, as amended by Ministerial Decree of December 18, 2014 must be secured by the entity that requested the maintenance of the Office, a structural, organizational and workforce capable of allowing the operation, independently of judicial personnel; Noted that, in accordance with article 1 of the Ministerial Decree November 10, 2014, the transition to the new management structure of the offices maintained within the meaning of article 3 of Legislative Decree No 156, September 7, 2012 is fixed on the date of entry into force of that Decree; Considered that monitoring conducted on a national scale in the start-up phase of the operation of the offices held, directed to verify the persistence of conditions positively evaluated on the occasion of the granting of the instance, pointed to some courts, the existence of the transition to the new management structure limiting criticality; Noted in particular that, within the District of Bologna, Parma Apennines Montana East Union memo of December 12, 2014, transmitted by the President of the Court of appeal in Bologna on December 18, 2014, communicated the inability to sustain their commitments relating to the maintenance of the Office of Justice of the peace of Langhirano; Estimated that with a note of December 22, 2014 this same institution, while stressing the approach adopted, has further communicated the decision to suspend the posting of staff made available and already formed as well as payment of any burden necessary to provide the service; Considered, therefore, that the decisions adopted by the Union Montana Appenino Parma Est you configure which withdrawal of application for the maintenance of the Office of Justice of the peace, determining the validity of suppressive provisions enacted in implementation of statutory delegation September 14, 2011, # 148; Considered, therefore, to exclude the Office of Justice of the peace of Langhirano 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, as amended by Ministerial Decree of December 18, 2014;
Decrees: Art. 1 1. The Office of Justice of the peace of Langhirano, without prejudice to the provisions of article 5 of Legislative Decree No 156, September 7, 2012 stops working on the date of entry into force of this Decree. 2. On the same date the relevant competences are attributed to the Office of magistrate in Parma.