Now in its fifth edition, the conference organized by the Notarial Council of Agrigento this year has a journalistic theme. On June 29th at the Pirandello Theater in Agrigento, starting from 9.00, topics of administrative law will be discussed, applied to notarial activities.
In this regard, the President of the Notary Council of the Riuniti Districts of Agrigento and Sciacca and Vice President of the Sicilian Regional Notary Committee, Claudia Gucciardo declares: “The contemporary Notary is a notary which, in addition to satisfying interests
private individuals, is increasingly inclined to satisfy public interests and collaborate
with the State and public bodies in the achievement of objectives of interest
collective and general in a relationship of subsidiarity and complementarity.
Notarial deeds, more and more often, are the result of a fusion between means and
private interests and public means and interests.
The notary intervenes, by law, in the constitution of all those associative bodies
or companies that see the participation of private and public entities, for example
implement a synergy of means and goals. In this perspective of cooperation and
collaboration fits into the theme of “Participation Foundations” which,
not surprisingly, they are a “notary creation”. He theorized the possibility of establishing
a participatory Foundation, structurally open to participation
of several legal entities, including public bodies, the notary Enrico Bellezza. There
“conception” of the “Participation Foundations” is an expression of capacity
of the contemporary notary, through the “Ars notaria” of giving life to forms
new, atypical legal, new organizational models which, overcoming the
rigidity of an ancient institution, such as the classical Foundations, achieve the
convergence of public and private initiatives, as a function of a partnership
public – private, aimed at pursuing collective utility goals. If not
will speak extensively at the Conference about the “opportunities” that the tool offers
of the Participation Foundation but also for the “risks” that may
descend from the creation of this body, in which public bodies participate. The
the most debated issues are the possibility for foundations to be recipients of direct assignments, the need or non-necessity to observe public tender procedures, specific to public administrations, the application or non-application of the new Procurement Code and whether the answer should be affirmative, in what terms and with what forms, the
possible configuration of an administrative-accounting responsibility of the
directors and employees, with consequent jurisdiction of the Court of
Conti or its exclusion. All these problems impose
prudence to administrators because a simple “formal label” should not
undermine the general principles of the system, exempting from evaluations
“case by case” typical of the Euro-community system. The Notary of the province of Agrigento, whose capital “Agrigento” was
declared “CAPITAL OF CULTURE 2025” is contributing with its
professional activity for the development of the Territory creating Value, value
of “Legality”. Examples of this are the establishment of the Agrigento Foundation
Capital of Culture, the Constitution of a mixed society that could
manage the Agrigento airport and all the legal instruments that, from
from now on, they will be prepared, with the notary ministry. The Notary Office of the province of Agrigento which, following the proclamation of Agrigento Capital of Culture 2025, felt called to the “ARTS”, has
put to WORK and does not intend to shy away from the “CHALLENGES OF HISTORY”, with
pragmatism, active participation in politics, corporate spirit, effort
choral, will be alongside the administrators of the “City” to ensure that this is achieved
recognition to the City and its Province, is the bearer of development
economic and lasting growth that overcomes that “gap”.
today it does not allow us to compete with other cities with equal means and opportunities
of Sicily and therefore ultimately providing the Province with all the structures and
infrastructure to which he is entitled, including a worthy airport”.
