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INTERIM AWARD CONTRACT LAW AND PUBLIC ACCESS

Article. Presidential Decree No. 10 of 21.12.1999 554 (Implementation Regulation of L. 11.2.1994 n. 109), must be considered removed from the right of access to the confidential reports of the project manager and organ testing the applications and reserves of the subcontractor. In this situation, the denial of access, are already legally supported by the legislative data, responds to the ratio to avoid the spread of the contents of reports sent to the Administration, that contain information potentially relevant to the definition of a potential or ongoing dispute between the PA el 'supervisor, as to the precise execution of the contract.

In this case, the applicant had established, the forward section of the TAR Lecce in Puglia, a review aimed at achieving operational iudicis the showing of the confidential reports of the Directors jobs and testers, with regard to the reservations, by the municipal administration, in the role of the contracting authority, refusal to allow access to the document, with the finding that the documents which the applicant wished to access were "confidential documents".

source: miolegale.it

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INJUNCTIVE ORDER - APPEAL OUT OF TIME - The burden of proof

For the purposes of the legitimacy of the opposition in late injunction (pursuant to art. 650 cod. Proc. Civ.) is not sufficient notification of the irregularity of the measure monitor, but should also proof - the burden of which falls sull'opponente - that because of irregularities, he said, the quality of ordered, did not have timely knowledge of this decree, and has not been able to offer a timely opposition. This test shall be considered achieved whenever, like the means of implementation of the notification of the said measure, both believe that the act is not timely received in the sphere was known to the recipient.

Where the opposite party wishes to contest the timeliness of the opposition late in art. 650 cod. proc. Civ. in relation to defective service as well as reconstructed by the opponent falls on the same to prove the fact on the possible prior knowledge of the decree by dell'ingiunto that is able to make the opposition untimely late and, therefore, inadmissible. (In this case, the Joint Sections, correcting reference to justification in the light of the burden of proof imposed on the opposite, have confirmed the decision under appeal had been identified by which the admissibility of late opposition to injunctions against irregularities reported of state administration, in relation to art. 144 cod. proc. Civ. with the Attorney General of the State rather than at the district as the recipient of the act entitled, by virtue of Article. 11 of Royal Decree No. 1611 of 1933 however, the opposite, which had challenged the deficiency of service, he could prove that the same notification had been made before so good, so that the opposition made in accordance with art. 650 cod. proc. Civ. unacceptable).

c ass. Sec. U , No Judgement 14572 of 22/06/2007

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the Celtic Cross ... do a bit of clarity

The Celtic cross is an ancient symbol Celtic. In the Middle Ages was used in Christian circles, particularly from Celtic Christianity, and, following the Second World War, was re-used in politics, having become a symbol of some typical movements and parties, particularly those of the extreme right.

The Celtic cross is derived from the overlap of an empty circle and a cross Greek or Latin, so that the center of the circle coincides with the intersection of the arms of the cross

In Celtic regions of ' Britain and Ireland there are many isolated Celtic crosses, erected from at least the seventh century . Some of these bear inscriptions in the runic alphabet . These crosses are found in Cornwall , Wales, on ' Isle of Iona and Hebrides, but most is in Ireland.

Other stone crosses were found in Cumbria and south-east of Scotland , even if some of these are made in Anglo-Saxon. The most famous Celtic crosses are the Cross of Kells, County Meath , and crosses in Monasterboice , County Louth, Ireland, the Cross of the Scriptures, Clonmacnoise , Ireland

There are numerous representations of crosses with a circle even before Christianity. Often called " solar crosses, were found in the North West of Europe but there is no evidence of a link or a common origin with the Christian cross.

should be noted that in the Old English word for "cross" is rood. The word "cross" in English derives only indirectly from Latin crux, crucis, via the Norse kross. Linguistically it is ironic to note that the pagan raiders (I " Vikings") have passed their deadline for the cross to the Anglo-Saxons converted to Christianity.

In Ireland a popular legend says that the Celtic cross was introduced by St. Patrick during the conversion of Celtic polytheism. It is believed that combined the symbol of Christianity, the cross superimposed on the symbol of the Gentiles, the sun, to give an idea to the followers of pagan religions of the supremacy of Christianity over other religions

The meaning most commonly assigned to this symbol is that of the Sun, combined with a sense of connection between the world via land and the celestial world, often due to the fact that the horizontal axis is reduced to the representation of the earthly dimension and the vertical dimension to the heavenly . In the analysis of the symbol of the Celtic cross is important to pay attention to the center of the cross, the fixed point that all traditions agree to designate symbolically as the Polo, because he is around it that rotates the world, generally represented by the wheel , both among the Celts both among Chaldeans and Hindu . The center, the fixed point is the Chakravarti or universal monarch, literally one who spins the wheel, the one that is that, at the center of all things, directs the movement without taking part himself, or in the words of Aristotle , it is the unmoved mover .

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action collective efficiency of administrations and providers of public services

With this new action ordering turns decisively to a modern vision of public administration as a result of administration, as part of a substantive conception the principle of good performance under Article 97 of the Constitution. The main idea is to link innovation and satisfaction the claim made by one or more citizens in the promotion - to ensure high performance of the public against the whole community - a kind of external control over the proceedings, by public administrations, standards (quality, cost of timeliness) imposed on them. All of ensuring maximum publicity to the proceedings and the continued empowerment of the public sector.

It is an institution that supports but is very different from collective encoded for consumption by the Finance Act 2008. Indeed, the latter regards the infringement of the rights of consumers and users in contracting and, in some areas, but not the contractual relationship between citizens and public administrations. Moreover, while the action of the Consumer Code aims to protect the weaker party by the imbalance of market positions, this new action is proposed - more effectively - to intervene in the same process of service production, correcting any distortions. In both cases, it aims to induce the donor to the utility virtuous behavior in its production cycle, but this action makes it more directly because it protects the instrumentality of the administrative organization to achieve the public good. In fact, the sentence final acceptance of orders to remedy the disruption but does not provide the damages caused by the inefficiency. The provisions are intended to ensure the citizen-customer for any breach of quality standards of public service, regardless of public or private entity that provides. In an indirect way, then, it will provide the public with a means of protection and the rate of growth of democratic and transparent management of public affairs.

elements characterizing the provisions contained in the decree are:

- the action follows the lesion of legal interests for a number of people caused by the breach of quality standards and economic as well as the obligations contained in the Charter of services or the violation of terms or non-enactment of General Administration: The object of the proceedings (by one standard deviation) binds so closely to the prior definition of quality standards organization, which is pursued by Legislative Decree No 150/2009 (Reform Brunetta);

- its proposability both by individuals with an interest in direct, concrete and corresponding to a current situation is legally protected by associations and committees to protect the interests of its members;

- the provision of a warning prior to the administration, which is thus made aware of the alleged collective good time and can remedy the defects complained of preventing the commencement of the action;

- the connection of sentence with the eventual start of proceedings before the organs in charge of identifying the persons who have caused the inefficiency, their evaluation and initiation of disciplinary proceedings, as well as its communication to the Court of Auditors and the Commission for the evaluation , transparency and integrity of government (recently established Brunetta the Reformation);

- the provision of appropriate forms of publicity of court proceedings, the sentence and the measures taken to comply with them in order to boost the role of deterrence;

- the possibility of to court for compliance, based on the general principles of administrative process, if the administration fails to fulfill the delivery.

- CONTENTS SUMMARY DECREE

- SYNOPTIC COLLECTIVE ACTION

Source: www.innovazionepa.gov.it

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