La semplificazione normativa

This elaborator analyzes a topic considered to be of fundamental importance at an international, community, national and regional level: regulatory simplification. Attention to simple laws has emerged since ancient times. Thus, in the fragment 139 of the end of the 5th century BC of the Greek historian Ephorus of Cura, included in the list of the eight historical exemplars of the Alexandrian Canon, the merit is attributed to Zaleuco di Locri Epizefiri, in Magna Graecia, considered the oldest Western legislator. to have simplified the procedure relating to contracts. And he concludes: “those who offer every pretext to sycophants are not dedicated to good governance, but those who continue to abide by laws established with simplicity”. Today this attention is systematically found in all contemporary legal systems, starting from the international experience and from the euro-unitary one. The issues of the quality of regulation, or the so-called Better Regulation, were included at the international level by the OECD Council Recommendation of 9 March 1995, which invites countries to take effective measures to guarantee the quality and the list of reference criteria, the so-called "checklists", to be used in making public decisions, in order to provide Member States with a set of common principles and procedures to improve the quality and efficiency of regulatory activity. At the European level, regulatory simplification has taken on a priority role since the Edinburgh Council in 1992, while on 19 May 2015 the European Commission adopted the new "Better Regulation" package COM (2015) 215, which includes various instruments, including the Communication on the REFIT platform and the proposed inter-institutional agreement. As emerges from the strategy set out in the Package, "Better regulation" requires designing rules and policies in an open and transparent way, ensuring that the objectives are achieved with the minimum cost and taking into account the entire political cycle of regulation, from planning for the adoption, implementation, application, evaluation and revision of a standard. The strategy is essentially based on three cornerstones: regulatory simplification; the reduction of administrative burdens; the impact analysis. In particular, the objective of improving the existing regulatory framework was associated with the regulatory and administrative simplification interventions. The strategy is based on the awareness that bad regulation negatively affects not only legal certainty, compliance with the law and the efficiency of justice, but also economic development and the efficient use of the resources of a company. Village. The same emphasis is attributed to transparency which can be classified as a general principle of European law and has its legal basis in the provisions of art. 1 TEU and art. 15 TFEU, which provides, respectively, that the decisions of the Union are taken in the most transparent way possible and that the institutions, bodies and all bodies of the Union operate in the most transparent way possible. European transparency is divided into 5 levels: the clarity of the institutional system; access to legislation; its editorial quality in terms of motivation; publicity and ease of access; the transparency of the decision-making process, which concerns the possibility for citizens to know the various stages of the decision-making process. .. [edited by Author]