Exclusion From The List Of Venues For The Justices Of The Pacemantenuti Within The Meaning Of Article 3 Of Legislative Decree September 7, 2012, N. 156 Of The Office Of Justice Of The Peace Dicalabritto, Frigento And Arcades.

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 diCalabritto, Frigento e Portici.

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-05-13&atto.codiceRedazionale=15A03530&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, "Conversione in legge, con modificazioni, del decreto-legge August 13, 2011, n. 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 law No 148 September 14, 2011 ", 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 "Revision of judicial districts-offices of justices of the peace, in accordance with art. 1, paragraph 2, of law No 148 September 14, 2011 ", 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 States 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 by the same "; Having regard to the Legislative Decree of February 19, 2014, n. 14, published in the Official Gazette of February 27, 2014, n. 48 on "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 judicial offices"; 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 September 12, 2014, # 132, containing "urgent measures of degiurisdizionalizzazione and other interventions for defining the backlog on civil process", 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 the entity that requested the maintenance of 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 that, within the District of Naples, the President of the Court of appeal, with notes of December 23, 2014 and January 5, 2015, found, through the Chairmen of courts having territorial jurisdiction, foreclosure conditions in the smooth operation of the judicial activity at the offices of the giudice di pace di Calabritto, Frigento and Arcades; Considered, in particular, that the President of the Court of Naples, with a note of December 22, 2014, to share the comments made by the Justice of the peace Office Coordinator of arcades with note of December 19, 2014 regarding the number of staff assigned by local authorities, totally inadequate to allow independent management of the presidio judicial workloads as well as to those bodies to ensure availability contained manifested by the provision of equipment resources necessary for carrying out of judicial activities, decided to report the sudden decline of the conditions that led to the acceptance of the instance of maintenance; Estimated that by note of December 23, 2014, the President of the Court of Avellino, highlighted, for the justices of the peace of Calabritto and Frigento, upon revocation of willingness to accept the assignment by staff assigned by local authorities, the existence of impediment to the achievement of operational conditions, independently of judicial personnel; Considered, in particular, that the attribution to the minimal funding is totally inadequate to ensure proper functioning of the judicial service, also in terms of failure to guarantee the garrison in case of absence of the one unit assigned; Noted that, in order to ensure the smooth functioning of the offices in question, it is necessary to have, by means of the maintenance management planning management staff previously in force at the commencement of the period fixed by Ministerial Decree of November 10, 2014 previously mentioned; Whereas, in the light of the problems reported, determined by organic and instrumental shortcomings are not attributable to the Administration, the approach adopted by the territorially competent Presidents with notes cited is definitely acceptable; Considered that the persistence of conditions necessary to ensure an adequate level of functionality of the Office kept check when assessing the instance constitutes an essential element to configure the facts outlined in art. 3 of legislative decree September 7, 2012, # 156; Estimated that the situations represented by the Presidents of the Court of Naples and Avellino with notes, resulting in the loss of the requirements of fitness maintenance of these instances involve the validity of judicial safeguards suppressive provisions enacted in implementation of statutory delegation September 14, 2011, # 148; Considered, therefore, to exclude the justices of the peace of Calabritto, Frigento and Porches 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 of Calabritto and Frigento, 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 of Sant'Angelo dei Lombardi.