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.
Source: www.innovazionepa.gov.it
0 comments:
Post a Comment