Confindustria prepared a comment paper on the outline of a legislative decree on administrative controls on economic activities (Government Act No. 150), implementing the delegation of power referred to in Article 27 of Law No. 118/2022, the so-called Annual Market and Competition Law 2021.

The document consists of two parts:

1. general evaluations, in which a critical position was expressed on the measure, as it lacked concreteness and incisiveness and was based on an outdated conception of the business-PA relationship and the consequent system of administrative controls. The logic - partnership and collaboration - on which the reform of the system of controls on companies should be based was therefore indicated. The need was also highlighted for a greater valorisation of the virtuous behaviours implemented by companies in compliance activities, pointing out, in this regard, the critical nature of the low risk certification system that the scheme intends to establish. This system, in fact, for the purposes of planning controls, does not enhance ex se the compliance indices of companies (e.g. certifications already obtained by companies; adoption of organisational models), but subordinates them - albeit on a voluntary basis - to a certification procedure for obtaining the so-called Certification Report, resulting in a burden, rather than a simplification, for operators;
2. detailed evaluations and proposalswhich indicated the points of the draft legislative decree on which action should be taken and formulated concrete proposals in this regard (e.g. clarify the traceability of European regulations within the scope of the new control discipline; strengthen the implementation process outlined by the scheme, with punctuated timetables and a certain, binding and immediate closure system; provide for structured forms of coordination and monitoring of control activities, such as the mandatory stipulation of agreements or protocols between the PAs involved; provide for the right of the company to refuse the control or part of it in the event that the proceeding official exceeds his competences or the subject of the control reinforce the rewards resulting from ascertaining the company's compliance with the obligations and fulfilments imposed by the reference discipline; extend the institute of the warning; reinforce the discipline of the appeal, cadencing the relevant deadlines, regulating the consequences of a failure to reply within the deadlines by the PA and enhancing the effectiveness of the answers provided following an appeal).