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Italy

Ingegnere dell'informazione (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?
       No. To pursue the Engineering regulated profession in Italy, it is mandatory to enroll in the Register of qualified Engineers (Albo) managed by the Order of Engineers. Foreign citizens, EU and non-EU, may be enrolled in the Register independently on their nationalities provided that they have the appropriate qualification (Italian university degrees or equivalent and state exam) or the Ministerial Decree of recognition of their original qualifications under the directive 2005/36/EC. Besides, article. 16 of the Law of 21 December 1999 526 equates residence and business address to obtain or maintain the enrollment in the Register for the citizens of the European Union. Residence is mandatory for non-EU citizens.

    2. Which of the following overriding reasons relating to the general interest justifies the measure(s)?
         
    • Protection of consumers and recipients of services
    •    
    • Prevention of fraud
    •    
    • Protection of the environment and the urban environment, including town and country planning

    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.

       In Italy, the regulation of all intellectual professions is awarded by law, and it periodically evolves in function of the technologic, social and cultural transformation of the country. The first regulation of the professions of Engineers and Architects established a professional regulation according to which engineers and architects had to acquire certain competences and qualifications and to be enrolled in the Register held by the Order to pursue the relevant regulated activities. The Order was entrusted to verify that its Members complied with the Code of Ethics, and might sanction them for misconduct. The Italian Constitution, established that safety and health of persons, safeguard of environment and cultural heritage were matters of public interest and, as concerns constructions, kept the above mentioned laws, establishing in addiction a State Exam to be enrolled in the Register. Massive industrialization, computerization and, finally, the Bologna reform required technical professionals to be more and more specialized, adequately educated and formed. Therefore, the Presidential Decree 328/2001 added further competences to the intellectual technical professions, including engineers. The Register was divided in two sections (Bachelor or Master education) and three sectors (civil-environmental, industrial, and information system) with different State Exams. The system kept on guarantying that engineering reserved activities are performed by technically qualified and professionally trained individuals, enrolled in a Register, thus, ensuring the protection of the general interest. The Directive 2006/123/EC on services in the internal market imposed another reform, which does not modify the previous principles, but introduces further safeguards to the benefit of consumers. Finally, the Presidential Decree (DPR) n. 137, 7 August 2012 “Reform of the Professional Regulations” safeguarding the constitutional principle, confirms that the professions related to citizens’ safety and environmental protection may be pursued only by professionals, who followed specific study programmes and were qualified through the State Exams. It confirms, above all, that “the exercise of the profession is free and based on the intellectual and technical autonomy and independence of judgment.” The abovementioned DPR provides for further duties/obligations for professionals:  The “information advertisement” is allowed provided that truthful and correct;  Compulsory of CPD: professionals shall compulsorily take care for a continuous updating and the Order must redact the necessary Guidelines for the local trainers.  Obligation for professional liability insurance – professionals must have an adequate police and the Order must negotiate affordable conventions with insurance companies.  Possibility to create Professionals’ Societies (S.T.P.), with compulsory enrolment in a special section of the Register and the compliance with Ethical Provisions;  Definitive abolition of fees in the private negotiations, while a reference fee list remains for public contracts; Since the infringement to the abovementioned duties is a disciplinary illicit, the Order has to adapt the Code of Ethics to the new duties.

    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 professional system acts at many levels. The Ministero della Giustizia (Ministry of Justice) monitors the professions and controls that the Governing structure i.e. the Professional Organization formed by the National Council and the Provincial Orders, adopt the provided regulations implementing all the necessary measures. The Order keeps the Albo (Register) of the members, drafts the Code of Ethics and guarantees that the members in their activities comply with it, and carries out, as of its competences, the tasks DPR 2012/137 and the following implementing decrees, entrusted to it.

    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.

        These measures have been in force only from a short time and no data have already been collected their results. We presume that the obligation of CPD will improve the professionals’ preparation and their designing skill in the light of the safeguard of objectives 2 and 3 we marked at question 2. The obligation of insurance, the abolishment of fees, the division between administrative and disciplinary functions of the Order creating the Disciplinary Councils, and the obligation to advertisement were intended to improve consumers’ safeguard.

    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 general interest objective is pursued in a consistent and systematic way as it is provided by law and is therefore applied to all engineers pursuing liberal profession. There are no differences related to the field of activity. In addition, the last two reform affected in the same way the professional systems of all the intellectual professions. The Parliament provided a specific reform only for lawyers.

    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.

       The complexity and criticality of engineering (i.e. planning, design, works direction, testing, evaluation of the environmental impact etc.) require an advanced and in-depth scientific knowledge. Engineers, and in particular liberal professionals, pursue activities that, in general terms, are not of a simple nature or involving simple execution of instructions. Their activities imply, instead, a continuous professional updating and compliance with new regulations introduced at the European, national and regional levels.

    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.

       Measures are followed over time and respond to different but connected purposes, as they accompany the person who intends to become a professional starting from education, continuing with field experience through training, and continuing with the professional updating through the "continuing professional development". The state exam permits to assess concrete possession of ability and technical knowledge and ethics in order to start the professional activity. Through the registration to the professional register, professionals practice in accordance with the overriding reasons referred to in point 2, under the careful and constant monitoring of the professional local order. Adequate (and proportioned) regulation is a guarantee of highly qualified professionals. Besides, there is collaboration with the authorities in order to restrain illicits.

    9. Have you considered the use of alternative mechanisms to achieve your objective(s)?
         
    • Other, please specify

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

       Please see the answer to question 4.

    10. Conclusion

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

    •    Remove current system without replacement

       Explain where relevant:

       As above answered to question 3, the adaptation of the system in force evolves with the reforms, which, progressively, eliminate overburdensome measures and provide for new duties to professionals. Changes are proportioned to the safeguard of the general interest. This is the reason why we would like to improve the current system with progressive adjustments when necessary and we do not deem it necessary to adopt other models.

    11. Any other comments?
       Any State Member is concerned with the general interest you listed in question 2 and identifies the best way to protect them according to its social, economic and cultural context. Therefore, an “a-priori” system better than another one does not exist. What is important in the intellectual professions is to allow the maximum freedom of movement without prejudice to the average quality of services suppliers.
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