15/g/2008
Guidelines for the Appointment of Consulting
ITALIAN REPUBLIC
THE COURT OF ACCOUNTS
REGIONAL CHAMBER OF CONTROL FOR LAZIO
In its meeting of May 7, 2008
composed of magistrates :
President Victor Zambrano, Rosario Scalia
Director;
Antonio Pancake Director;
Joseph Borgia Councillor
Maria Teresa Polverino Councillor rapporteur
Maria Luisa Romano First Referendary
VISA art. 100, paragraph 2 of the Constitution;
GIVEN the TU of the laws on the Court of Auditors, approved by Royal Decree 12 July 1934, No 1214 and subsequent amendments and additions;
VISTA law January 14, 1994, No 20 as amended;
VISA art. 1, paragraph 127, of Law December 23, 1996, No. 662;
HAVING REGARD TO Legislative Decree No 18 August 2000 267 setting out the consolidated text of the Local Government Act as amended;
VISTA law June 5, 2003, No 131;
VISTA Resolution No 4/AUT/06 on February 17, 2006 the Section of the Autonomy of the Court of Auditors, which were approved the "Guidelines for the implementation of Article. 1, paragraph 173 of the Law 266, 2005 (budget law for 2006) with Regions and local authorities;
VISAS Article 32 and Article 34 of Decree-Law 4 July 2006, No 223 into law August 4, 2006, No 248;
VISA art. 3, paragraphs 54, 55, 56, 57, 76 and 77 of Law No 24 December 2007 244 (Finance Act 2008) which introduced provisions on custody of undertaking study, research or advice to persons outside the administration;
VISTA Resolution No 6/AUT/2008 on March 14, 2008 Section of the Autonomy of the Court of Auditors, which were approved the "Guidelines and criteria for interpreting art. 3, paragraphs 54-57 of the Law of 24 December 2007, n. 244 (Finance Act 2008) relating to regulations of local authorities for the award of the tasks of collaboration, study, research and consultancy;
RESTRAINT the opportunity to implement the principles and criteria set up by the aforementioned resolution Section of No-Self 6/AUT/2008 del 14 marzo 2008 nei confronti delle Pubbliche Amministrazioni operanti nel territorio di competenza di questa Sezione Regionale di controllo;
VISTA l’ordinanza n. 3bis del 6 maggio 2008;
CONSIDERATO
Con le disposizioni normative da ultimo intervenute con la legge 24 dicembre 2007, n. 244, (legge finanziaria 2008), sono state introdotte significative innovazioni in materia di affidamento di incarichi di studio, di ricerca o di consulenza a soggetti estranei all’amministrazione, che nel proseguire il percorso legislativo di contenimento della spesa e di limitazione del ricorso all’affidamento di incarichi Outdoor better clarify the general principles in this matter and the powers of the Court of Auditors, is in control of that jurisdiction.
precisely the art. 3, paragraph 54, change in the art. 1, paragraph 127, of Law 662/1996, provides that public administrations making use of external consultants or rely on consulting assignments, for which compensation is provided, shall publish on its Web site its action, complete with names of their recipients, the assignment of reason and the amount paid and that in the event of failure to publish, payment of the charge is an unlawful and determines disciplinary responsibility of public tax manager in charge.
Sub-paragraph 55 provides that the expectation on the part of local authorities, undertaking study or research, or consulting, to persons outside the administration can only be done under a program approved by the Board under Article 42, paragraph 2, lett. b) Consolidation Act, referred to Legislative Decree 18 August 2000, No 267.
The Regulation on the structure of offices and services, issued pursuant to Article 89 of Legislative Decree 18 August 2000, No 267, is provided (Article 3, paragraph 56, LF 244 / 2008) to be set in accordance with the provisions of the regulations, limits, criteria and procedures for the award of collaboration assignments, study or research, or consulting, to persons outside the administration, and that with the same regulations and set the maximum spending limit of annual expenditure for appointments and consultations and that the expectations of those made in breach of regulations adopted constitutes a disciplinary offense and determines public tax liability.
Paragraph 57 has, in turn, that the regulations referred to in paragraph 56 shall be sent, "to extract", the competent Regional Chamber of the Court's audit of the accounts within thirty days of their adoption. "
Finally, paragraph 76 states that external mandates are entrusted only to persons of particular expertise and proven university, with the exception, prepared by paragraph 77, the bodies of internal control, evaluation of the nuclei and the nuclei investment monitoring.
those circumstances, it seems appropriate to draw the attention of the Ministries concerned - and specifically, the local authorities operating in the Region of Lazio - on the formalities required by existing legislation, in the following terms:
a) All local authorities and autonomy and the state government established in Lazio devices will continue, within the meaning of art. 1, paragraph 173 of Law No 266/2005, to forward promptly in this Section regional control acts of expenditure referred to in paragraphs 9, 10, 56 and 57 of the Law of the amount exceeding € 5,000;
b) for tasks after 1.1.2008, the letter of transmittal must be accompanied by the web site where they have been published relevant measures;
c) the regulations by which limits are set, the criteria and procedures for the award of collaboration assignments, study or research or consultation must be sent to extract this Section Regional Control within thirty days following the adoption;
d) institutions and governments, as identified above, must certify that the appointment of falls in 'scope of the program approved by the Council under Article 42, paragraph 2, lett. b) del Testo unico, di cui al decreto legislativo 18 agosto 2000, n. 267 ed è conforme al regolamento sull’ordinamento degli uffici e dei servizi, adottato ai sensi dell’art. 89 del TUEL. A tal fine, sarà utile l’indicazione che l’importo da corrispondere per l’espletamento dell’incarico risulta contenuto nei limiti del tetto di spesa annuo stabilito con la delibera regolamentare, dandone adeguata dimostrazione;
e) nell’atto di conferimento dell’incarico, gli Enti interessati dovranno, altresì, rendere noti gli estremi dell’avvenuta trasmissione a questa Sezione regionale di controllo dell’estratto Regulation.
For all other government other than those covered by the TUEL approved by D. Legislative Decree No. 267/2000, please refer to the information contained in Resolution No 6/AUT/2008 of March 14, 2008, referred to in the introduction, published on the website of the Court of Auditors - independent sections. NOW, THEREFORE
acting
to draw the attention of the government as identified above on the procedures required by current legislation on teaching appointment, the terms and modalities laid down in part motivated .
ORDER
that copies of this resolution be transmitted by the Service Support Section, to all the Presidents of Provincial Councils and Municipal as well as the presidents of provinces and mayors of local authorities of the Lazio region, as well as other independent bodies operating in those regions (Mountain Communities, Chambers of Commerce, Industry and Agriculture ; public universities).
Order also states that a copy of this resolution be forwarded to the President of the Regional Council and the President of the Lazio Regional Council, for the resulting obligations from public bodies did not Economic officials from the Region.
sent to the Secretariat for the tasks of the rite.
So decided at their meeting of May 7, 2008.
The author THE PRESIDENT
(Maria Teresa Polverino) (Victor Zambrano)
Filed in the Office May 27, 2008
The Head of Support Services
(Chiara Samarelli)
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