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liberalization, privatisation and other measures to promote development
art. 3repeal of undue restrictions on access and exercise of occupations and economic activities1. waiting for the revision of Article 41 of the constitution, municipalities, provinces, regions and state, within a year from the date of entry into force of the law of conversion of this decree, adapt the respective orders to the principle according to which the initiative and private economic activity are free and is allowed everything that is not expressly prohibited by law in
only cases of:
(a) constraints arising from Community law and international obligations;
b) contrast with the fundamental principles of the constitution;
c) give to security, freedom, human dignity and contrast with social utility;
(d) indispensable provisions for the protection of human health, the conservation of animal and plant species, the environment, the landscape and the cultural heritage;
(c) provisions involving effects on public finance.
2. Paragraph 1 is a fundamental principle for economic development and implements full protection of competition between enterprises.
3. In any case, at the expiry of the period referred to in paragraph 1, the state provisions incompatible with the provisions of the same paragraph, resulting in direct application of the institutions of the reporting of the beginning of activity' and of the self-certification with successive controls. the adaptation to the principle referred to in paragraph 1 may also occur through the instruments in force of legislative simplification.
4. the adaptation of municipalities, provinces and regions to the obligation referred to in paragraph 1 constitutes an element of evaluation of the virtuosity of the aforementioned entities pursuant to article 20, paragraph 3, of the decree law 6 July 2011, n. 98, converted by law 15 July 2011, n. 111.
5. Without prejudice to the state examination referred to in Article 33 paragraph 5 of the Constitution for access to regulated professions, professional orders must ensure that the exercise of the activity responds without exception to the principles of free competition, the widespread presence of professionals throughout the national territory, the differentiation and plurality of offer that guarantees the effective possibility of choice of users within the scope of the broadest information on the services offered. the professional orders must be reformed within 12 months of the date of entry into force of this decree to transpose the following principles:a) access to the profession is free and its exercise is founded and ordered on the autonomy and independence of judgement, intellectual and technical, of the professional. the limitation, by virtue of a provision of law, of the number of persons who are entitled to exercise a certain profession throughout the territory of the state or in a certain geographical area, is permitted only where it responds to reasons of public interest and does not introduce direct or indirect discrimination based on nationality, or, in case of exercise of the activity in corporate form, of the registered office of the professional society;
(b) provision of the obligation for the professional to follow permanent training courses prepared on the basis of specific regulations issued by the national councils, subject to the provisions of the legislation in force in the field of continuing education in medicine (ecm). the violation of the obligation of continuing training determines a disciplinary offence and as such is sanctioned on the basis of what is established by the professional order that
will have to integrate this forecast;
(c) the discipline of the internship for access to the profession must comply with criteria that guarantee the effective performance of the training activity and its constant adaptation to the need to ensure the best exercise of the profession. the trainee will have to be paid a fair compensation of undeniable nature, as measured by its concrete contribution. in order to accelerate access to the world of work, the duration of the internship cannot be altogether more than three years and can be carried out, in
the presence of a special framework agreement between national councils and the ministry of education, university and research, in conjunction with the course of study for the attainment of the first level degree or master's or specialist degree. the provisions of this letter shall not apply to health professions for which the legislation in force remains confirmed;
d) the compensation paid to the professional is paid in writing at the award of the professional assignment taking as reference the professional rates. the payment is allowed also in derogation of the rates. the professional is required, in accordance with the principle of transparency, to make known to the customer the level of complexity of the assignment, providing all useful information about the hypothetical charges from the moment of conferring to the conclusion of the assignment. in the event of non-consensual determination of the compensation, when the contractor is a public body, in the event of a judicial settlement of the compensation, or in cases where the
professional performance is rendered in the interest of third parties the professional tariffs established by decree from the Minister of Justice;
(c) to protect the customer, the professional is obliged to take appropriate insurance for the risks arising from the exercise of the professional activity. the professional must make known to the customer, at the time of the assignment, the extremes of the policy stipulated for professional responsibility and its ceiling. the general conditions of insurance policies referred to in this paragraph may be negotiated, in accordance with their members, by national councils and social security institutions
of professionals;
(f) the professional orders will have to provide for the establishment of territorial bodies, other than those having administrative functions, to which are specifically entrusted the instruction and decision of disciplinary issues and a national governing body. the position of advisor to the territorial order or national council is incompatible with that of member of national and territorial governing councils. the provisions of this letter shall not apply to health professions for which the legislation in force remains confirmed;
(g) information advertising, with every means, subject to professional activity, specializations and professional qualifications, the structure of the study and benefits, is free. the information must be transparent, truthful, correct and not equivocal,
deceptive, denigratory.
6. the principle of freedom of enterprise.
(follows...) )
good intentions, but little substance...
title
liberalization, privatisation and other measures to promote development
art. 3repeal of undue restrictions on access and exercise of occupations and economic activities1. waiting for the revision of Article 41 of the constitution, municipalities, provinces, regions and state, within a year from the date of entry into force of the law of conversion of this decree, adapt the respective orders to the principle according to which the initiative and private economic activity are free and is allowed everything that is not expressly prohibited by law in
only cases of:
(a) constraints arising from Community law and international obligations;
b) contrast with the fundamental principles of the constitution;
c) give to security, freedom, human dignity and contrast with social utility;
(d) indispensable provisions for the protection of human health, the conservation of animal and plant species, the environment, the landscape and the cultural heritage;
(c) provisions involving effects on public finance.
2. Paragraph 1 is a fundamental principle for economic development and implements full protection of competition between enterprises.
3. In any case, at the expiry of the period referred to in paragraph 1, the state provisions incompatible with the provisions of the same paragraph, resulting in direct application of the institutions of the reporting of the beginning of activity' and of the self-certification with successive controls. the adaptation to the principle referred to in paragraph 1 may also occur through the instruments in force of legislative simplification.
4. the adaptation of municipalities, provinces and regions to the obligation referred to in paragraph 1 constitutes an element of evaluation of the virtuosity of the aforementioned entities pursuant to article 20, paragraph 3, of the decree law 6 July 2011, n. 98, converted by law 15 July 2011, n. 111.
5. Without prejudice to the state examination referred to in Article 33 paragraph 5 of the Constitution for access to regulated professions, professional orders must ensure that the exercise of the activity responds without exception to the principles of free competition, the widespread presence of professionals throughout the national territory, the differentiation and plurality of offer that guarantees the effective possibility of choice of users within the scope of the broadest information on the services offered. the professional orders must be reformed within 12 months of the date of entry into force of this decree to transpose the following principles:a) access to the profession is free and its exercise is founded and ordered on the autonomy and independence of judgement, intellectual and technical, of the professional. the limitation, by virtue of a provision of law, of the number of persons who are entitled to exercise a certain profession throughout the territory of the state or in a certain geographical area, is permitted only where it responds to reasons of public interest and does not introduce direct or indirect discrimination based on nationality, or, in case of exercise of the activity in corporate form, of the registered office of the professional society;
(b) provision of the obligation for the professional to follow permanent training courses prepared on the basis of specific regulations issued by the national councils, subject to the provisions of the legislation in force in the field of continuing education in medicine (ecm). the violation of the obligation of continuing training determines a disciplinary offence and as such is sanctioned on the basis of what is established by the professional order that
will have to integrate this forecast;
(c) the discipline of the internship for access to the profession must comply with criteria that guarantee the effective performance of the training activity and its constant adaptation to the need to ensure the best exercise of the profession. the trainee will have to be paid a fair compensation of undeniable nature, as measured by its concrete contribution. in order to accelerate access to the world of work, the duration of the internship cannot be altogether more than three years and can be carried out, in
the presence of a special framework agreement between national councils and the ministry of education, university and research, in conjunction with the course of study for the attainment of the first level degree or master's or specialist degree. the provisions of this letter shall not apply to health professions for which the legislation in force remains confirmed;
d) the compensation paid to the professional is paid in writing at the award of the professional assignment taking as reference the professional rates. the payment is allowed also in derogation of the rates. the professional is required, in accordance with the principle of transparency, to make known to the customer the level of complexity of the assignment, providing all useful information about the hypothetical charges from the moment of conferring to the conclusion of the assignment. in the event of non-consensual determination of the compensation, when the contractor is a public body, in the event of a judicial settlement of the compensation, or in cases where the
professional performance is rendered in the interest of third parties the professional tariffs established by decree from the Minister of Justice;
(c) to protect the customer, the professional is obliged to take appropriate insurance for the risks arising from the exercise of the professional activity. the professional must make known to the customer, at the time of the assignment, the extremes of the policy stipulated for professional responsibility and its ceiling. the general conditions of insurance policies referred to in this paragraph may be negotiated, in accordance with their members, by national councils and social security institutions
of professionals;
(f) the professional orders will have to provide for the establishment of territorial bodies, other than those having administrative functions, to which are specifically entrusted the instruction and decision of disciplinary issues and a national governing body. the position of advisor to the territorial order or national council is incompatible with that of member of national and territorial governing councils. the provisions of this letter shall not apply to health professions for which the legislation in force remains confirmed;
(g) information advertising, with every means, subject to professional activity, specializations and professional qualifications, the structure of the study and benefits, is free. the information must be transparent, truthful, correct and not equivocal,
deceptive, denigratory.
6. the principle of freedom of enterprise.
(follows...) )
good intentions, but little substance...