New session of the State – City and local autonomies Conference, chaired by Undersecretary Ferro
Agreement with Anci and Upi on five interministerial decree schemes on local finance
31 May 2024
The Undersecretary of the Interior Wanda Ferro presided yesterday ( ed. last May 30th) a new session of the State – City and Local Authorities Conference.
The National Association of Italian Municipalities (Anci) and the Union of Italian Provinces (Upi) have expressed a favorable opinion regarding the decree of the Minister of the Interior, in concert with the Minister of Economy and Finance, which regulates the regime sanction for the failure to achieve, starting from 2025, by the beneficiary bodies of the Special Fund for Equity, the objectives expressly intended for the removal of economic and social imbalances and to promote the effective exercise of the rights of the person to improve the level essential to the provision of services.
The provision implements paragraphs 498 to 500 of article 1 of the law of 30 December 2023, in compliance with the ruling of the Constitutional Court n.71/2023.
The new sanctioning procedure provides that in the case in which, following the monitoring relating to the use of resources, under the Municipal Solidarity Fund and the Special Fund for the equity of the level of services, to be allocated to the strengthening of social services, of the educational services for nursery schools and the transport of students with disabilities, for each of the years 2021 and subsequent years, there is a failure to achieve the assigned objectives, Sogei Spa invites the institution to fulfill or justify the reasons for the failure to achieve the objective no later than the following 30 days.
Furthermore, it is envisaged that, if the deadlines have expired in vain, the Ministry of the Interior will appoint a commissioner free of charge, to be identified in the person of the mayor pro tempore of the defaulting municipality, who will have to send the certification within the further 30 days and, in the event that the assigned service objective has not been achieved, to take action to ensure that the assigned service objective or the LEP is guaranteed.
In the event of persistent non-compliance by the entity, the appointment of a commissioner designated by the prefect may finally be arranged. The sums assigned will thus remain available to each beneficiary municipality to be allocated to the same original purposes. Only in the event that the municipality certifies the absence of potential users, the resources will be recovered in favor of the state budget to be reallocated to the special fund for the equity of service levels.
Subsequently, Anci and Upi expressed their agreement on the draft decree of the Minister of the Interior, in agreement with the Minister of Economy and Finance, amending the decree of 29 March 2024 containing “Allocation of the competition for public finance, equal to 100 million euros for the municipalities and 50 million euros for the provinces and metropolitan cities, for each of the years 2024 and 2025”. With the provision we proceed with a new determination of the amount of the contribution to public finance for the years 2024-2025 for the provinces and metropolitan cities through the rectification of Annex C to the same decree of 29 March 2024.
Anci and Upi also expressed an agreement regarding the decree of the Minister of the Interior, in agreement with the Minister of Economy and Finance, for the redetermination of the resources referred to in the specific expenditure reliefs not used as of 31 December 2022 for the completion of the fundamental functions, also in relation to the possible loss of revenue connected to the COVID-19 emergency, as established in article 106 of the decree-law of 19 May 2020, n.34, converted by law of 17 July 2020, n. 77.
Agreement of the parties also relating to the draft decree of the Minister of the Interior in agreement with the Minister of Economy and Finance concerning the distribution for the year 2023 of the Fund established at the Ministry of the Interior by article 1, paragraph 832, of law no. 178 of 30 December 2020 for a total allocation of 3 million euros, in order to ensure the necessary transfers to small municipalities with fewer than 500 inhabitants (403 entities) for the performance of fundamental functions, also in relation to the loss of revenue connected to the epidemiological emergency from COVID-19, intended to make up for the majority of the lower transfers from the municipal solidarity fund for the municipalities that received, in the previous year, a share of the same transfers that was more than 15 percent lower than to the average of the band to which the remaining municipalities of the province belong, together with a residual quota attributed on the basis of the relationship with spending needs and lower revenues net of lower expenses.
Finally, Anci and Upi expressed a favorable opinion regarding the decree of the Minister of the Interior in agreement with the Minister of Economy and Finance on the reimbursements relating to the year 2023, for a total amount of euro 912,966.00, to be allocated to municipalities of Casamicciola Terme, Forio and Lacco Ameno on the island of Ischia, hit by the earthquake of 21 August 2017.
This measure is attributed pursuant to article 32, paragraph 2, of the legislative decree of 28 September 2018, n.109, converted by law of 16 November 2018, n.130, as amended by article 9, paragraph 1-octies, of the decree-law of 25 May 2021, n.73, converted by law of 23 July 2021, n.106, following the estimate of the lower IMU revenue for the same year prepared by the Ministry of Economy and Finance – Department of Finance, due to the tax exemption for buildings destroyed or subject to trade union clearance orders adopted by 31 December 2017, as they are totally or partially unusable.
https://www.interno.gov.it/it/notizie/nuova-seduta-conformazione-stato-citta-e-autonomie-locali-presieduta-dal-sottosegretario-ferro
