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COURT OF AUDITORS: July 1, Control prior review by the Court of Auditors

Close decisive in the fight against the illegal external mandates has been unleashed by the co. Article 30. 17 Dl of the recent "crisis" 1 July 2009 No 78. This is a provision which, although it is part of a heterogeneous set of rules - the art. 17 is generally entitled "Public sector: savings, checking, Court of Auditors", and is included in Part II, "budget" - appears from the very beginning of significant impact. Introduces a novel art. 3, para. 1 of Law 20/1994, in which two groups are included in the documents from 1 July 2009 should be placed under the control of legality of the Court of Auditors: acts and contracts referred to in art. 7, co. 6 of Legislative Decree 165/2001 (f-bis), documents and contracts for studies and consultations in art. 1, para. 9 of Law No 266/2005 (f-b). With an abrupt turnaround, the legislature opens the control of legality and harnesses in its rigid mesh the process of transfer of external mandates, which in recent years have become one of the most common items of damage to the Treasury. The proven inability to leave the work of public administrators in this sensitive area to the screen only after the Prosecutor of the Court of Auditors, which is necessary only when the damage is already done, has led him to conceive the allocation of office to third parties as entirely subject to the condition precedent of enforcement of the Supreme Board of Auditors. The desired result is that from now on will no longer frequent the illegal external advice. As is known, in general - in fact, the procedure may be more or less complex - subject to preventive control measures take effect if the Court does not emphasize the non-compliance with the law within 30 days of receipt. It will be the accounting court to "authorize" the outer office and there will be more room for freedom of directors, which prior to Decree No. 78/2009 were required to establish and prove that the instruction was consistent with the parameters set by the legislature, with the obvious ability to move within the gray areas that allowed payment for unnecessary and illegal assignments. source Il Sole 24 ore ADMINISTRATIVE LAW