(Aug. 13, 2020) On July 17, 2020, Decree Law No. 76 of July 16, 2020 entered into force in Italy, providing for improved digital network systems, anti-Mafia measures, aid to airlines, and administrative regulations aimed at eliminating and simplifying requirements for economic activities.
Improvement of Digital Network Systems and User Access
The new law provides specific measures to ensure the preservation of electronic documents and establishes safeguards for the management and protection of users’ digital identities. It also regulates the establishment of individuals’ electronic identities, digital domiciles, and access to digital services. (Arts. 24(1)(a)(5) & 25(1).) The new law expands valid digital domiciles to include those chosen through a certified electronic address or an electronic service providing for a certified electronic delivery and registered in a specially established registry. (D.L. No. 82 of March 7, 2005, art. 64-bis(C-bis), as amended by D.L. No. 76, art. 24(1)(g)(3).) It also allows for the renewal of electronic identity cards beginning 180 days before their expiration. (Decree of the President of the Republic No. 445 of December 28, 2000, as amended by D.L. No. 76, art. 24(3).)
The law establishes a comprehensive regulatory framework for the public administration to digitally notify government-service users about its administrative decisions. It also includes measures for simplifying the creation, use, and transmittal of more secure electronic signatures (firma elettronica avanzata) for accessing banking services, and for obtaining electronic notifications in civil, criminal, administrative, accounting, and judicial matters. (D.L. No. 76, arts. 26–28.) In particular, it provides that a user may obtain a secure electronic signature by establishing his/her identity through existing electronic identification processes and two-factor computer authentication processes, which are based on previously issued credentials within the Public System (national public administration) for managing the digital identities of citizens and businesses. (Art. 27(1)(b) & (2).)
Anti-Mafia Legality Protocols
To prevent and combat organized crime, the new legislation allows the Ministry of the Interior to execute “legality protocols” with companies considered strategically important in the national economy. The purpose of the protocols is to facilitate access for private individuals to documentation related to anti-Mafia activities. (Art. 3(7).)
Voting by Italians Overseas
The law includes provisions to enable Italians located abroad to vote in a referendum on a bill proposing a constitutional amendment to reduce the number of members of Congress. (Art. 16(1).)
Financial Rescue Package for the Italian Airline Industry
The law extends the term for the repayment of state financial aid provided to Alitalia – Societa ’Aerea Italiana S.p.A. and Alitalia Cityliner S.p.A. until December 31, 2020. These two airlines are currently subject to extraordinary bankruptcy administration. (Art. 45.)
Fund for the Continuation of Public Works
The legislation creates a fund that, beginning this year, will guarantee the continuation of public works undertaken by the Ministry of Infrastructure and Transportation. The fund is reserved exclusively for works currently in progress and may not be used for new projects. (Art. 7(1).)
The law also includes measures aimed at accelerating the implementation of infrastructure works, in particular by assigning pending complex infrastructure projects to one or more extraordinary government delegates who would take over normal public procurement and bidding procedures. In addition, the law allows for special and simplified accounting systems to be utilized by such delegates. (Art. 9(1)(a), (c).)
Measures for the Simplification of Administrative Procedures
The law contains multiple measures aimed at simplifying administrative procedures in several areas to propel the country’s economic recovery. For example, the law states that when the applicable rules on distancing between properties is not possible during the reconstruction of a building, the preexisting distance may be maintained. (Art. 10(1)(a).) Most importantly, the law provides that failure to comply with the height, measures, cubature, covered surface, and other parameters for individual real estate units does not constitute a building violation if the parameters are within 2% of the measures already approved for the respective project. (Art. 10(1)(p).)
Also provided are measures for the acceleration and simplification of administrative procedures connected to the reconstruction of areas affected by seismic events throughout the country, in particular historic centers. (Art. 11(2).)
Under the new legislation, all additional costs arising from administrative regulations applicable to contracts with public entities are to be borne by the state. (Art. 14(1).)