The Constitutional Court declares the illegitimacy of the obligation to outsource contracts for concessionaires of public works, supplies and services

h the judgment of 23 November 2021, no. 218 (“Judgement”), published in the Official Gazette on 24 November 2021, the Constitutional Court declared the illegitimacy of Article 177, Legislative Decree no. 50 of 18 April 2016, (“Procurement Code”), governing the regime for the awarding of contracts by concessionaires of works, public services and supplies for violation of Articles 3, paragraph 1, and 41, paragraph 1, Constitution.

The transposition of RED II Directive into the National Legislation: the main amendments introduced through the Decree published in the Italian Official Gazette

By means of the By means of the Legislative Decree no. 199/2021 published in the Italian Official Gazette no. 285 of 30 November 2021 (the “Decree”) and which will entry into force starting from 15 December 2021, the Italian Legislator has implemented the Directive 2018/2001/EU of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources.

Warning and guideline for servicing activities

On November 25, 2021, the Bank of Italy   sent to the parties referred to in art. 2, paragraph 3, letter c of Law 130/1999 a notice entitled “"Servicers in securitization. Risks profiles and supervisory guidelines".

AIFMD, UCITS and ELTIF review: a new paradigm for asset management

One year after the adoption of the Capital markets union (“CMU”) 2020 action plan, the European Commission (“EC”) on 25 November 2021 started delivering on its commitments, adopting a set of legislative proposals designed to contribute to achieving the CMU objectives.

The role of the supervisory body in the negotiated settlement procedure for the solution of business crises

The negotiated settlement procedure for the solution of the business crisis (the “Negotiated Settlement”) governed by Law Decree 118/2021 converted with amendments into Law 147/2021 (hereinafter the “Decree”) and which entered into force on 15 November 2021, assigns a prominent role, in the identification of the business crisis, to the supervisory body (i.e., in the case of joint stock companies, the board of statutory auditors of the traditional system, the supervisory board of the dualistic system and the management control committee of the monistic system; in the case of limited companies, the board of statutory auditors or the sole auditor).

Investigation on the company chat: no chance to use the collected information without prior notice

The employer’s check on the company’s chat (to be considered as a working tool according to article 4, paragraph 2, of the Statute of Workers) is regulated by paragraph 3 of the same article, according to which the information collected can be used for all the purposes linked to the employment relationship - included the disciplinary ones - '' on condition that an adequate notice over the modalities of use of the tools and of the conduction of controls is given to the employee, and the check are conducted  in respect of provisions of the Decree-Law no. 196/2003".

Simplification Bis Decree: main innovations on contaminated sites’ reclamation and the possibility of their optimization

The Simplifications Bis Decree introduced, inter alia, significant innovations in the environmental field, with the main purpose of “speeding up the procedures for the reclamation of contaminated sites and the reconversion of industrial sites to be used for the implementation of the projects identified in the National Recovery and Resilience Plan (the “PNRR”)”.