L'ultima stagione della semplificazione: la riduzione degli oneri amministrativi

di Andrea Simoncini e Erik Longo

SOMMARIO: 1. Introduzione. – 2. Le stagioni della semplificazione. – 3. La misurazione successiva degli oneri amministrativi. – 4. La misurazione preventiva degli oneri amministrativi. – 5. La giurisprudenza costituzionale. – 6. Conclusioni.

Italy has long been known for its complex bureaucracy, however many steps are being taken to improve the current situation. During the last twenty years, new measures have been put in place to simplify numerous administrative processes in order to reduce costs and improving government services for business and individuals. In this framework the article introduces one of the most important strategies for better regulation implemented by the Italian government during the past legislature, the MOA, a method for measuring the administrative burdens imposed by regulation on business. In the first part the authors describe recent improvements introduced for reducing burdens imposed by regulation, such as the introduction of estimation of burdens during the phase of Regulatory Impact Assessment (RIA) when new regulation has been proposed. In the second part the article discusses both limits of new measures and difficulties that public administrations may face in its application. A further critical point and a challenge is the case law of the Italian Constitutional Court. Indeed, the most recent decisions taken by the Constitutional Court confirm the constitutional nature of the simplification process.