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Italy

Conservatore dei beni architettonici e ambientali (Italy)


  • Proportionality information

    1. Have you examined whether the requirements under your national legal system are
    directly or indirectly discriminatory on the basis of nationality or residence?
       The requisites do not discriminate based on nationality or residency, because the title of conservationist, based on DPR 328/2001, carries out the activities listed therein with competencies in collaboration with an architect. The conservationist carries out the diagnosis of the decay and damage suffered by environmental and architectural assets, and the identification of the measures and techniques to be used for their preservation. The conservationist carries out a role of specialised support to planners and designers who, in the case of landmarks of historical and artistic value, can only be an architect (with the exception, in rare cases, of restorations of historical gardens). The conservationist, in collaboration with the architect, is competent for matters concerning interventions on buildings of historical or artistic value. None of the competencies attributed to the conservationist is exclusive, and all are also attributed to the role of architect.

    2. Which of the following overriding reasons relating to the general interest justifies the measure(s)?
         
    • Protection of consumers and recipients of services
    •    
    • Safeguarding the sound administration of justice
    •    
    • Preservation of cultural, historical, archaeological and artistic heritage

    3. What specific risks or benefits have you identified that your measure(s) is designed to, respectively, minimise or maximise?

       Please try to be specific in describing the nature of the risks/benefits you have identified
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. Wherever possible please include evidence.

       The benefits of the profession of Conservationist linked to motives of general interest are the following: a) guarantee of the fair administration of justice, through - functions auxiliary to those of ordinary, administrative and accounting Judges as acting technical consultants, in line with the competencies defined by the Code of Civil Procedures (in particular, articles 191 – 201, Code of Civil Procedures), within the limits of the competencies attributed to the professional position; b) conservation of the cultural, historical, archaeological and artistic legacy through interventions on structures legally categorised as landmarks of cultural interest, for the diagnosis of decay and damage to architectural and environmental assets and the definition of the interventions and techniques to apply for their conservation. c) protection of consumers and service users through: - the obligation to register in the professional Roll (Royal Decree 2537/1925), located in each province, which provides the opportunity to verify and oversee those registered through deontological codes of conduct (C.C.), approved by the National Council and ratified by all the Orders. Violation of this rule results in disciplinary sanctions of warning, censure, suspension and cancellation from the professional Roll. - the obligation to update their professional training and to take out suitable insurance coverage (DPR 137/2012) constitute additional examples of the protection of the general interests of the State; failure to fulfil these obligations results in deontological sanctions proportional to the seriousness of the offence.

    4. How specifically do your measures operate to minimise the risk(s) or maximise the benefit(s) identified in question 3?

       When addressing this question please try to explain how the measures prevent the risks or guarantee the benefits.
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. Wherever possible please include evidence.

       The benefits of the profession of conservationist in terms of imperative motives of general interest that minimise risks and maximise benefits are the following: a) guarantee of the fair administration of justice through the function of public technical consultant for the purposes of verification, as auxiliaries to Judges, within the limits of the competencies attributed to the professional position; b) preservation of the cultural, historical, archaeological and artistic legacy through interventions on the structures so defined by the legislation on cultural assets, through the diagnosis of decay and damage suffered by environmental and architectural assets and the determination of interventions and techniques required for their preservation; c) protection of consumers and service users through the obligation to register in the professional Roll (Royal Decree 2537/1925), located in each province, which provides the opportunity to verify and oversee those registered through deontological codes of conduct, as well as the obligation to periodically update professional training and the obligation to take out adequate insurance coverage (DPR 137/2012). Violations of these rules results in disciplinary sanctions ranging from a warning to censure, suspension and cancellation from the Roll.

    5. In so far as you are able, please provide information that you have gathered regarding the concrete effects of the measure(s).

       For example, through impact assessments or information gathered during implementation or review of a measure. Member States who have recently undergone reforms may in particular be able to contribute helpfully to this field. Where you are able to provide cost-benefit analyses this would be particularly valuable.
       Information on whether the measures indeed successfully prevented risks from being realised (e.g. the number of sanctions imposed, a drop in transgressions since the measure was introduced or consequences from previous modifications of the regulation) would equally be helpful.
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. You may also wish to include evidence on consumer satisfaction or other measurements of the impact.

        Please see the answers to questions 3 and 4

    6. Is the general interest objective you indicated in question 2 pursued in a consistent and systematic manner?.

       In approaching your response to this question please consider examples where you have addressed similar risks for comparable professions, not necessarily within the same sector. Is the approach you have adopted in this particular profession comparable or distinct from such similar cases and why?

       The objective of general interest is pursued consistently and systematically, since the laws referred to in the answers to questions 3 and 4 contain specific rules, in the public interest, and include penal and/or administrative sanctions in the case of violations of the same.

    7. Please explain in how far the degree of complexity or the nature of the activities
    which are reserved justify that these activities can be exclusively performed by professionals possessing a specific professional qualification?

       For example: when the tasks are essentially of a straightforward nature (such as preparing and printing pay slips etc.), or involve essentially the execution of instructions, specific professional aptitudes should not be required.

       For the diagnosis of decay and damage suffered by environmental and historical assets and the determination of the interventions and techniques indicated for their preservation, one must hold the title of conservationist, which requires a three-year university degree, the passing of the professional licensing examination and registration in the professional Roll. None of the competencies attributed to the conservationist is exclusive, and all are also attributed to the architect.

    8. Where you have indicated several measures in place in the screening tab,
    have you reviewed the cumulative effect of all these measures on professional activities?

       If not, why not?
       If yes, please outline for us how you approached assessing this issue as well as the results and conclusions or any learning you drew from this. Where possible please include evidence.

       The cumulative effect of the measures described above is reflected in the performance of the professional activities. The problem was examined, because the conservationist acts as a specialised support to the planner/designer, who, in cases involving assets of artistic value, can only be an architect (with the exception, in rare cases, of restorations of historical gardens). The conservationist, in collaboration with the architect, is competent for matters concerning interventions on buildings of historical or artistic value. None of the competencies attributed to the conservationist is exclusive, and all are also attributed to the role of architect. This thus results in possible competition, which, in the absence of specific regulations, tends to generate legal litigation.

    9. Have you considered the use of alternative mechanisms to achieve your objective(s)?
         
    • Use of voluntary certification schemes
    •    
    • Use of other existing measures/regulations

       Please briefly explain. Where you have selected more than one option, please be sure to address each of these in your response.

       The alternative mechanisms are as follows: - the use of voluntary certification systems was adopted with the recent introduction of the obligation of ongoing professional training (art. 6 DPR 137/2012), required of all architects registered in the Roll, a new system of professional certification, based on the completion of a certain number of training credits per year, with every professional obligated to see to his/her own professional updating and whose violation can incur disciplinary action; - the level of the qualification requisites was reviewed in Italy in DPR 328/2001, with the institution of the professional profile of conservationist; - regarding the use of other measures / regulations in force, the professional reform act (Art. 3 D.L. 13 August 2011, n. 138, adopted as Law n. 148, of 14 September 2011) included the reorganisation of all the measures in force with respect to the profession, through the compilation of a Unified Text, which has not yet been issued.

    10. Conclusion

       Following your internal examination of this regulated profession, which of the following have you concluded?

    •    Improve current system (simplify guidance, remove burdensome aspects etc.)

       Explain where relevant:

       Improve the present system by more clearly specifying the areas of professional competence.

    11. Any other comments?
       Any other comments
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