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 Of Cariati, San Sosti And Spezzano Albanese.

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 di Cariati,San Sosti e Spezzano Albanese.

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-05-13&atto.codiceRedazionale=15A03528&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, n. 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 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 art. 3 of Legislative Decree No 156, September 7, 2012 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 art. 3 of Legislative Decree No 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 art. 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 of 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 art. 1 of the Ministerial Decree November 10, 2014, the transition to the new management structure of the offices maintained in accordance with art. 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; Estimated in particular that, within the District of Catanzaro, the President of the Court of Castrovillari, with a note of December 19, 2014, found, for justices of the peace of Cariati, San Sosti, Spezzano Albanese and Tan, foreclosure conditions in the smooth operation of judicial activity; Considering that by Decree of December 22, 2014, # 33, the President himself has placed, in order to ensure the smooth functioning of these offices, maintaining the existing management structure at the starting point of the time limit set by Ministerial Decree of November 10, 2014 previously mentioned; Estimated that the municipality of Spezzano Albanese, with a note of December 23, 2014, transmitted on the same date by the President of the Court of Castrovillari, represented the supervening impossibility to ensure the persistence of the conditions necessary to achieve the maintenance of the Office of Justice of the peace; Noted that, with subsequent note of March 31, 2015, the President of the Court of Castrovillari, reiterating the persistence of criticality represented for the justices of the peace of Cariati, San Sosti and Spezzano Albanese, represented the final impediment to maintaining conditions found resolution to the Office of Justice of the peace in Trebisacce, highlighting the suitability of staffing assigned by the local government , both in terms of numbers, both in terms of requirements and professional skills, to ensure the functionality, autonomy, judicial Presidium; Given that the criticality first envisaged did not implement, within the prescribed period, the passage of justices of the peace of Cariati, San Sosti and Spezzano Albanese to the new management structure; Considered that the situation exhaustively represented by the President of the Court of Castrovillari with notes cited and consequential measures taken, resulting in the loss of the requirements of fitness maintenance of these instance judicial safeguards, involve the validity of suppressive provisions enacted in implementation of statutory delegation September 14, 2011, # 148; Considered, therefore, to exclude the justices of the peace of Cariati, San Sosti and Spezzano Albanese 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 justices of the peace to San Sosti and Spezzano Albanese, without prejudice to the provisions of art. 5 of legislative decree September 7, 2012, # 156, cease to operate upon the date of entry into force of this Decree. 2. On the same date the relevant competences are attributed to the Office of Justice of the peace in Castrovillari.