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No 47/10

MiBAC MUST ALSO ENSURE THE 'ACCESS TO DOCUMENTS AND ADMINISTRATIVE' the rule than the exception.

On 3 September 2010, the TAR of Lazio, in sentence no 32103, has declared favorably to the action brought by a participant in a contest at the MiBAC who, believing affected by the ranking, prepared and requested access to the curriculum of the other competitors.
Following the dismissal of silence 'instance, the above had been compelled to resort to the TAR of Lazio, then in the first sentence stated once again that access to administrative acts is the rule and the denial is the' exception .
Having said this, another interesting consideration is that: 'The access may in fact be excluded solely and exclusively in the cases expressly provided for in' art. 24 L. 241/1990, including those not covered in question. "
"Thus, access to documents produced by the candidates (as well as to reports, the evaluation sheets and the works) can not be rejected by the administration because:
Always on access to administrative measures, and in relation to the refusal , also have the comfort of a previous sentence, provided the TAR of Lazio, 12 November 2009 following an appeal against an order issued by 'INPS.
Returning to our ministry, it is now clear that with regard to access to administrative documents should resign as well established in law, especially with regard to the frequent denial that opposes the applicants and also because the law Access to administrative records will prevail over the right to privacy of third parties.
MiBAC, if he will continue to succumb to trial will therefore do well to adapt because, as demonstrated by this ruling, "In relation to the conduct of the Ministry that, almost twenty years since the L. n.241/1990, forced the question to refer the matter to the courts to achieve a peaceful law and reimbursement of expenses, according to general rules. Finally he was sentenced following the unsuccessful recognized € 2000.000 € 500.00 in expenses (and I pay ...).
In conclusion, it is' time to stop with this attitude persistent part of MiBAC act to deny 'access to administrative documents
For reference, the sentence in question is transcribed.

N. 32103/2010 REG.SEN.
N. 03367/2010 REG.RIC.


ITALIAN REPUBLIC ON BEHALF OF THE ITALIAN PEOPLE

The Regional Administrative Court of Lazio
(Section Second Quater)

gives the following



Judgement on the appeal to General Ledger number 3367 of 2010, proposed by Giuseppe Ruiz , represented and defended by the lawyer. Michael Damiani, with an address by Michael Damian in Rome, Via Mordini, 14;

against

Ministry of Heritage and Activities' Cultural, represented and defended by the state, by law domiciled in Rome, via the Portuguese, 12;

against

Paolo D'Angeli, Angela Di Ciommo, Nicolazzo Vincenzo, Antonio Tarasco, Paola Passarelli, Muratori Giorgia , Tommasino Mario, Alessandra Franzone, Pasqualetti George Benedetto Luigi Compagnoni, Antonio Parente, Elisabetta Piccioni,

to cancel the instance

REJECTION OF SILENCE OF 3.2.2010 FOR ACCESS TO DOCUMENTS UNDER ART. 25 LN 241/90.
Since the action with its annexes;
Since the entry of appearance in court of the Ministry of Heritage and Activities' Cultural;
view of the briefs;
Taking all of the acts of the case;
Speaker in chambers on May 11, 2010 Cons. Umberto Realfonzo and heard the parties to the defenders as specified in the minutes;
held and considered the facts and law as follows.

FACT

The applicant, who had participated in the competition for public examinations and qualifications to five places of Director of Administration, issued a decree Directorial March 1, 2007, although it had successfully placed on the list, was the winner of that contest. By application
notified 3 February 2010 the applicant, motivated by explicit reference to the need to protect their subjective positions, as a result has requested access to the qualifications and documents evidencing the securities in preference to their competitors ranked eleventh in the ranking of the competition.
The appeal, duly notified to all counterparties, is entrusted to the complaint of infringement of Article. 97 of the Constitution and art. 22 et seq. of 7.8.1990, n. 241: knowledge of the acts required of the competition was essential to ensure the protection of its legal position, it remains necessary to rule on every aspect of confidentiality.
The Administration is only formally in court.
Call the Chamber of the Council concerned at the request of the applicant's counsel, was retained in the decision.

LAW

The appeal is based.
As is known, based on general principles, access to administrative acts is the rule and the denial is the exception.
Access may in fact be excluded solely and exclusively in the cases expressly provided for in art. 24 L. No 241/1990, which did not fall into one word.
Thus, access to documents produced by the candidates (as well as to reports, the evaluation sheets and the works) can not be rejected by the administration because:
- the right of access to administrative documents prevail over the right to privacy third parties (see TAR Lazio Rome sect. III, November 12, 2009, No 11094);
- must be excluded at the roots, compared to those documents, the need for confidentiality to protect third parties, and because the competitors taking part in the selection, have apparently agreed to compete in a competition in which the comparison of values \u200b\u200bis the essence, and because such acts, once acquired for the procedure, leaving the personal sphere of the participants (see TAR Campania Naples, sect. V, 09 February 2010, n. 726);
- there is no need to await completion of that, because there is no need for the injury is made with concrete and then it becomes a present interest to appeals, because the candidate is still an interest of self-knowledge of these acts, especially where the person concerned has requested copies of documents, such as curriculum, qualifications, etc.. in relation to which there is no conflicting requirements of confidentiality (see Council of State, sect. VI, 21 May 2009, n. 3147; TAR Liguria Genova, sez. II, 25 November 2009, n. 3460);
In conclusion the action is based and must be accepted and must be declared the applicant's right to access to required documentation within 15 days following the announcement in an administrative or notification of this decision.
In relation to the conduct of the Ministry that, almost twenty years since Law n.241/1990, forced the question to refer the matter to the courts to obtain a right disputed charges, according to general rules. following the unsuccessful and are paid in a total of € 2000.000 € 500.00 in expenses.

PQM

the Regional Administrative Court of Lazio-II, Part ^ - c:
1. Allows the appeal against the implied rejection, and the effect declaring the obligation of the Ministry to rule on the request for access to the applicant within the time and manner of the reasons given;
2. Condemns the State to pay the court costs that are paid in a total of 500.00 to € 2,000.00 in costs.
Order that this sentence is carried out by the administrative authority.
Decided in Rome in chambers on May 11, 2010 with the assistance of Judges:
Lucia Tosti, President
Umberto Realfonzo, Advisor, extenders
Alessandro Tomassetti, Councillor

FILED IN OFFICE The
09/03/2010
(Art. 55, L. 27/4/1982, n. 186)
THE SECRETARY

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PRESS RELEASE NO 46/10

TO REVISE THE REQUIREMENTS IN THE 'CALL' OF STRESS ON THE APPLICATION FOR PARTICIPATION IN TENDER PROCEDURES The service concession expired on September 15.

widely requested the cancellation of all notices in self-defense

REJECTED THE RACE

FOR RESTAURANTS IN ROME MUSEUMS

According to the administrative courts of the TAR of Lazio and the conditions imposed by Notice of solicitation Museums of the Roman restaurant services are not respectful of the competition, because they have excessive requirements!

The ruling is due on appeal by a private company could not participate because the requirements for selection for the award of the catering services of the Museums of Rome too had the condition " I managed between dining with the same mark for three years. "

The judges noted that the requirements for participation in contracts should not be illogical, arbitrary, unnecessary or redundant and must be respectful "of the principle of proportionality, which requires that each identified requirement is both necessary and appropriate to the aims pursued."

In other words, the contracting should pay attention to creating "the least possible disruption to the economic activities" and the notice shall not constitute a "material breach of the principles of free competition, par playing field, non-discrimination and transparency. "

Oddly enough, it seems that both the Tar aware of the unreasonable demands conformity to what is reported by this union to contracting in Rome, Naples and Florence in the month of September (see ns. Press Release, September 23) as well explicit reasons that those " an unreasonable restriction of competition .

We believe that the Ministry should take note of the sentence and to avoid further disputes with consequent impact on the tender (the same issue is also being Antitrust) set aside in order to provide self-help calls to amend the said vice (besides all the inconsistencies already mentioned).

Sincerely

The National Coordination

CONFSAL UNSA-CULTURAL

For reference, the sentence in question is transcribed.

N. 32717/2010 REG.SEN.

N. 07837/2010 REG.RIC.

ITALIAN REPUBLIC

IN THE NAME OF THE ITALIAN PEOPLE

The Regional Administrative Court of Lazio

(Section Second Quater)

gives the following

JUDGEMENT

under Articles. 60 and 74 cod. proc. Admin.;

on the use of general register number 7837 of 2010 proposed by:

Soc Expo 2004 Srl, represented and defended by the lawyer. Sardo Monica, Sergio Caracciolo, with an address at Sergio Caracciolo in Rome, Via Lazio, 20 / C;

against

Ministry of Heritage and Activities' Culture, represented and defended by the state, legally domiciled in Rome, via the Portuguese, 12;

to cancel

the view of the Ministry of Heritage and Culture, Special Division for heritage historical, artistic and ethno-anthropological and the Museums of the city of Rome, to urge the IGC 05019752DF application form, published in Gazette, 5th Special Series, June 30, 2010 and related documents;

viewed the application and its annexes;

Since the entry of appearance in court of the Ministry of Heritage and Culture;

view of the briefs;

Taking all of the acts of the case;

Speaker in chambers on the day on October 6, 2010 Cons. Umberto Realfonzo and heard the parties to the defenders as specified in the minutes;

feel the same parties pursuant to art. 60 cod. proc. Admin.;

held and considered the facts and law as follows.

fact and law

The Board, in advance, believes that, after hearing about the parties must The views can be defined in closed session with ruling in a simplified form, since the conditions stated in art. 60 of Legislative Decree no. July 2, 2010, No 104, at least twenty days have elapsed since the last notification of the action, respecting no problems resulting in contradictory and sufficiency of the evidence adduced.

the appeal for annulment of the "stress the application form for the concession for six years. of cafeteria services at various museums for a total of € 6.199000 ml.

1. outset must be considered preliminary objection of inadmissibility, introduced orally to the Council Chamber, the state representative for the applicant lacks challenge to a notice of interest for which would not have made the application form.

The exception must be rejected.

must, however, as noted when the participation in the procedure for the award of a contract is precluded by the band, there is an interest in its determination to impose no-show, regardless of the application.

In such cases, in fact, since the submission of the results in a formality inevitably followed by an act of exclusion, a result similar to that of an original foreclosure and so devoid of genuine practical use (see the State Council, sect. V, 02 August 2010, No. 5069) within the limits of reasonableness and proportionality, there are therefore doubts about the eligibility of the full burden.

2. the order of importance should be examined in the first, second and third grounds of appeal. By the first plea, the appellant complains the illegality of the incorporation in one batch concession.

The first reason is not convincing.

In principle, the decision to include or not in a single contract or several lots, a package of services to be delivered by invitation to tender relates to the technical appraisal of the administration (see Council of State , sect. V, March 20, 2007, n. 1331).

In this case, in relation to the absolute homogeneity of the services, the contested provision of the notice is therefore fully legitimate.

3. With the second and third plea alleging the illegality of the additional requirement on the request to have run "three places to eat" with the same mark for three years (depending on profile) thus inhibiting the possibility of participating in or using the Ati ' availment.

The reason is well founded.

It must be remembered that, pursuant to art. 30 comma 3 °, d.lg. No 12 April 2006 163, in calls for tender for the provision of services "... choice of the dealer must comply with the principles might be derived from the Treaty and the general principles relating to public contracts and, in particular, the principles of transparency, adequate publicity, non-discrimination, equal treatment, mutual recognition, proportionality, after informal notice to which they are invited at least five competitors, if there are qualified individuals in this number in the subject matter of the concession, and with predetermined selection criteria. "

In this context, therefore, for the purpose of verification of the technical capacity, limited the list referred to artt.41 and 42 of the Decree. n.163 not constitute for the contracting, a direct link.

However, in relation to the reference to the principles of the EU Treaty determinations concerning personal qualifications for participation in contracts should not be illogical, arbitrary, unnecessary or wasteful and should be respectful of the "principle of proportionality, which requires that each identified requirement is both necessary and appropriate to the aims pursued .

The effective exercise of discretion must therefore be functionally consistent with the combination of public and private interests involved in the public auction, and must respect the principles of the Code of the contracts.

In the selection of the participation requirements, therefore, the observed non-discrimination principle requires that the awarding body must resort to those which cause the least disruption to the pursuit of economic activity.

Ultimately the entire system of the opinion should not therefore constitute a material breach of the principles of free competition and level playing field, transparency of non-discrimination in art. 2. first paragraph of the decree. n.163/2006, SM.

In this case the interest declared by the Administration on the need for a "unified management" of these services on a number of centers, museums, appears unrelated to the request for prior period of three dining "in the same brand. "

The use of the mark or brand would indeed could be considered as a "bargaining clause" of the message, ie a contractual obligation for the future of the consultant contract award, but could not incorporate any particular additional requirement compared to the turnover of a trader who operates (or deemed preferable to work for his company's choice) on the market with "brand" different.

The imposing a single brand for the various operations is a variable of the procedure which involves complete failure to participate in the race of persons whose sales also approved limits.

In essence, the clause is illegal because it constitutes an unreasonable restriction on competition, and that nothing corresponds to no interest in the contracting.

Ultimately warning about the appeal on that point is illegal and must be annulled.

4. In these profiles, which are absorbed in the remaining complaints, therefore the action is founded.

For the effect to be pronounced the annulment of the contested measure.

expenses, pursuant to art. 26 of Legislative Decree no. July 2, 2010, No 104, following the unsuccessful and are paid in € 2000.00 in favor of the appellant.

PQM

the Lazio Regional Administrative Court (Second Chamber Quater)

pronouncing definitively on the action, as suggested in the epigraph,

1. upholds the claim referred to in the headnote and the effect cancels the decision referred to in the epigraph.

2. Condemns the Administration to pay court costs in € 2.000,00.

Order that the above is carried out by the administrative authority.

Decided in Rome in the chambers on day 6 October 2010 with the intervention of the judiciary:

Angelo Scafidi, President

Umberto Realfonzo, Advisor, extenders

Stefania Santoleri, Councillor

FILED IN OFFICE

The 07/10/2010

THE SECRETARY

(Art. 89, para. 3, no. proc. Admin.)

Perrier Water Helps Digest?

N. 45/10

Redevelopment: what to do

After our requests the Authority to carry out as soon as the ranking personnel capable of crossing between Areas I and II ^ ^ (from 'ex Area A-, the former economic position B1)-n Administrative Officer - Technical Officer

ensure equal opportunities

and end the slide in rankings for the steps in Area

The National Coordination urged the Central Government to take urgent action to ensure equal opportunities and to complete the slide in the rankings of staff for the steps in all areas, a day after he had also asked to define the transition between the I and II ^ ^ Area, thus allowing the possibility to make assumptions from the outside, since the available places are made - in fact - with the definition of the concluding Passes Area.

Our request was also strengthened by the reported notices attached to the ministerial circular No 143, June 20, 2007 (including administrative agreements / Trade Unions.'s June 7, 2007) where he is also emphasized that "pending the issuance of the authorization request to extend until 1401 the total seats for ' access to the economic position B1 the Administration may proceed in the operating role .

For ensure equal opportunities and stop the slide in the rankings for all steps of Area ,

the National Coordination TODAY has also put in default the Administration to devise strictly the conclusion of the steps that remain outstanding ,

considered that in case there are still more than 10 million of € !

It shows the summary of communications sent to the General Staff to the arch. Antonia Pasqua Recchia, and the Secretary General arch. Roberto Cecchi, as well as having also informed the Director of OIV, Dr. Anna Maria Buzzi, namely the Department authority to re-evaluate the productivity and efficiency in the Ns. Ministry (cd : Performance).

"We would like to detect, even for a timely discussion and conclusion to the bargaining table , announced that the last meeting last October 4, showed - once again - the inequality of treatment between the steps in all areas and revealed no evidence of clarity and transparency regarding the latest frameworks following:

- the difference in the scrolling lists in II and III ^ ^ Area;

- of change in the appointment on appeal (administrative, court, ex art. 700 cc);

- ; further appeals for review of clerical error;

- pronunciation Authority administrative, judicial or extrajudicial.

There has been, and still we are witnessing, in cases (phenomena) of employees who had signed the Agreement in different regions were then sent (invited) immediately to serve in places of origin without any reasons of administrative transparency and exercised due notice to trade unions signatories to the redevelopment.

Specifically, the disparity in treatment between steps II and III ^ ^ Area has terminated their service on the , and is stunning when it is expected that "only terminated their service will determine the next available organ, which will allow other frameworks, financial resources permitting " . This disparity needs to be clarified as soon as possible and can not be applied only where some workers are more richly framed in economic position.

therefore should not be overlooked, as envisaged by the National Collective Labour and the unions signed agreements, the possibility of completing the transition of all workers between the I and II ^ ^ Area, was unfortunately totally rejected.

Rather, we would not want this way of proceeding in the administration, is a precautionary action according to a staff movements

from other ministries that anything having to do with the completion of the upgrading processes in place within the Administration of Cultural Heritage. Finally, we would not like us - once again - to a constitution of an impediment for the conclusion of all the processes of regeneration.

As shown is advancing the legitimate protests of the affected workers who gathered at the meeting and requested to proclaim a state of agitation by mandating the union to set in motion initiatives and legal union that is complied with rule Job retraining and in the subsequent bargaining agreements entered into.

Therefore, on the basis of the foregoing, we ask:

1) The publication following the " new status "

· of slipping in the ranking as a result of termination of service to all areas;

· of change in the appointment on appeal (administrative, court, art. 700 cc);

· ; further appeals for review of clerical error;

· of administrative rulings of the Authority, judicial or extrajudicial.

2) The motivations that have informed the Administration to work on:

- cases (phenomena) of employees who had signed the contract in different regions were then sent (invited) immediately serve in places of origin without any reasons of administrative transparency exercised.

3) The immediate adoption of measures in the framework higher pay bands for all employees resulting still in place useful in its rankings (I, II and III Area) through the slides and the changes occurred, using their deaths as indeed provide the current labor agreements signed, considered that in case there are still over 10 million € .

As always, the National Coordination Committee on this issue will continue to push ahead with strength and decision claims already in place in defense of the staff represented.

Sincerely

THE NATIONAL SECRETARY

(Dr. Joseph Urbino)

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NEWS FROM THE MONTH OF SEPTEMBER

ENDLESS STORY OF A LONG REHABILITATION

For those of us who has long followed the complex and tortuous story of the staff in the process of regeneration that had already been made in some areas, regrets to observe the abnormal dilation of time over the issue of the announcement, which occurred several years ago, the current redevelopment, or for the transition between areas and in particular we refer to the passage from the former area B to the former area C. It could be argued that this delay is due to restrictions in upstream and regulations expressly provide for . If it were only that, we had a sort of obvious reasons but, in reality, unfortunately we have not only take into account the lack of political will on the part of public administrators in the various governments that have followed, but especially by the lack of adequacy and reliability of some "pseudo - unionists "our Ministry which, taken from their personal ups and downs of all, has unwittingly sold out sacrificing the whole game, in fact, the interest and expectations of employees in the primary MiBAC.

In fact, each of the three confederations acronyms, has deliberately continuously distracted and bringing the national table to discuss anything, never arrive quickly to the complete definition of the processes of training and retraining.

The Ministry of the CGIL and CISL, one part hindered the flow of work at the national table, prevaricating with petty reasons that the discussion did not lead to anything concrete, if anything, more and more away shares, generating mixed reactions even from other unions.

UIL bac on the other hand, it is "Hoisted" on his "pedestal" believing the only union " bearer of truth " and always ready to dispense information , forms and actions to fight, everything suggests that if the eternal compromise between those who have to mediate the situation, when in fact there is little to reconcile, because if it is true that the rule should be interpreted, the next step may be nothing less than to give him and demand with force and vigor, its full implementation.

CONF.SAL The UNSA-Cultural Heritage, although it expressed its disagreement with the "bad syndication of CGIL - CISL - UIL industry , has repeatedly denounced the biased behavior and has played its part with courage, so that they give to keeping promises made to employees, and scrolling of the rankings due to availability of posts, and here we refer to steps in areas, and because to continue its commitment to provide for all the remaining employees are still a course that could really upgrade such personnel.

Unfortunately, between red tape and trade unions, has lost a lot of time and now Brunetta reform does not leave us much room.

Everything must be done quickly, although there are still situations yet to be decided by the competent courts, without prejudice to the decision of these bodies, however, has found that workers still MiBAC had to take exams for the redevelopment related to the transition area B area C the economic position of C1, resulting in time the consent of the Administration that, soon after the tests are being incurred, to conduct examinations at the time all those who had resorted to obtaining a suspension exclusion due to the lack of length of service requirement, although it is known, this can not be immediately determined for all other employees reinstated following the reopening of the procedures, because the will of the Administration, the latter will have to wait the discussion of 'appeal before the TAR of Lazio.

This will be achieved by December 31, 2010, otherwise in accordance with current legislation, the progressions are valid only for legal purposes. At the point where we are, touches do anything to save their own skin to allow the 're-longed to all those who aspire to advance their careers. Of course everyone knows that the places available are extremely limited, although the possibility of extending the number in spite of government restrictions, could take, and this is our official position. The CONF.SAL-UNSA Cultural Heritage will continue to play the role that task, even if to do so must pay the price of a fierce union coalition that will bring us all against.

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NEWS FROM THE MONTH OF AUGUST

Highways: closer to the poverty

The Government, through the Minister of Public Function, Renato Brunetta, continues to prevaricate on an abstraction of figures, in fact, continues to assert that in civil service salaries in the past 15 years have had a greater increase than the private sector. Minister Brunetta said he considers this fact, a real paradox that can not last long. Conversely we argue that the statement by Minister Brunetta, should be returned to the sender. In fact, if this is real, not explains how there may be payroll 1.000/1.200 euro. In addition, linked to a collective agreement, fixed until 2012. In addition to the challenge please return to sender the Minister to conform more to reality and carry out its mandate with more healthy political impartiality and honesty. Suffice to know more about the work in the public service and know how much effort workers can not reach even the third week of the month and the debt mountain with considerable impact on the payroll deductions from salary and various outputs for debts contracts with banks and financial institutions.

Therefore, we believe that we can achieve a rate of growth of wages in the public service, putting in the "cauldron" even the lavish salaries of Judges, the Bar of the State, Heads of Department, General Managers, Manager of Public Lobby and all those who represent the thousands of € for them only crumbs. Only ignorance of people living above their means, can not understand the needs of the state of public employees.

This is the current situation in which the Minister of Public Function, not only understands and does not include the strident contradictions of the income of employees, as well as the deep economic diversity, which reign at ' ; inside the Administration. So by the minister is hiding behind the finger of one hand and do not adequately assess the economic issue, with the proper objectivity.

is justified deafening smear campaign against the civil service, organized an ad hoc, just in anticipation of the blockade of the contract. A smear campaign that showed its lowest in the spheres of public employment, and an irrepressible propensity rooted all'improduttività and absenteeism. What about the promises made by Minister Brunetta to renew contracts as they mature, that The financial crisis was gradually disintegrating and you see a situation more favorable for our nation. It was enough just to download the cost of the welfare state directly on public employees, as ever in this time represent a "case ready" to which to use it immediately.

Alongside the Government undertakes to download the entire heavy tax taxes directly on the shoulders of the weakest, a real direct attack, to those categories that can not give an adequate response . You talk a lot to flush out tax evaders, but with continuing cuts in public employment is almost impossible to lead a real battle against the evaders .

This explains why they were not indicated and placed in the same container, all the above categories. The public was given a statistical analysis of the "chickens" that makes sense as a result of devastating, in fact, the renewal of the Agreement will resume in early 2013, meanwhile, increases in taxes, fees and services continue relentlessly to have the course, not counting of course the unstoppable increase in food and consumer things. The Government, with this policy is attacking exclusively the public employees and contributes to a further weakening the figure for the civil service, as well as pay them just puts them in a whirlwind performance parasite that does not correspond to reality. Otherwise would like to run the state machinery and all ancillary services and related services, and particularly with regard to our industry: the Museums, Libraries, Archives, etc.. if there was no commitment, perseverance, the ability to make serious preparations.

Minister Brunetta instead providing false statistics and cold numbers, would do well to observe and study the reality that it would include its employees, are now part of the sad and discussed new poverty line.

Abroad If we consider that public employees receive higher salaries by about 30% -40% at the same cost of living, while in Italy rather than to relate wages to those in Europe, are introduced more and more economic distances far removed from the parameters of the EU and above all with ingratitude is accompanied by a state, that rather than enhance the quality, they throws in a hubbub of irreverence, which silenced loafers and parasites. Therefore, for the next meetings with the social partners, the Minister Brunetta will determine the agreement on how to address the blocking phase of the contract, although as we have seen, the prospect presents itself to the negative and the situation of civil servants is beyond the limits of possibility.

We just have to appeal to our Federation and the federal government, to continue to support, even at this stage the defense of workers' wages to the public sector.

Joseph Urbino

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NEWS FROM THE MONTH OF JULY

the assumption BANKRUPTCY OF COMPANIES 'BALANCE OF ALES MIBAC

Ales The company was founded in 1998, after a past bankruptcy, once mixed and is created to "recycle" the former LSU, has undergone a dramatic metamorphosis.

E 'SPA to become a full state ownership has changed and the applicant State, in this way, upon completion of all management activities services and enhancement of cultural heritage.

a few months should enter in the management of Cultural Property in Campania, Pompeii, but destined to yet another foundation.

Company Ales, as already mentioned, has adopted a new constitution that expands the range, and this worry is that private dealers are already working in the field of Cultural Heritage . In fact, the corporation of the Ministry for Cultural Heritage which will handle the work and services that few knew of the existence, already partly on the wrong foot, because, despite significant funding, will close its budget this year will be negative and so for next year. One wonders who is served take on a mountain of debt to get out of the shadows and transform a society as discussed in a mysterious object that looks like the company of another state as Arcus, which is also involved in significant legal investigations.

In fact, the most frequent question is to understand what is and what will be his feature in the future? If we only think that this is a company that was created in 1998 and was only useful for placing hundreds of "socially useful workers' assigned to the Ministry for Arts and cultural activities and used in cleaning, gardening and security in Campania and Lazio.

reamer For years, workers were used to cover the holes within the Ministry and now regularly employed, which is currently considering the thousands of units have been thinned to about 800 people and which by the way many of them have reached the threshold of retirement. E ' we all know that the Company Ales is served mainly in the years to accommodate people driven purely by politics and patronage for any purpose, as well as for all those institutions strongly desired by the government. Therefore, only the "right-thinking" of the re close circle of associates of the Minister of Bondi, a person could bear so striking that in a period like this, cuts in public spending, which already inspires both fear and equal concern, on the other hand is easy to think that if it were only to bear the costs of workers, perhaps even more could be done, but, unfortunately, as we have been able to ascertain, the costs are not only those, but much more, and then, inevitably converge on the budget, which as we know, already in the years between 2007 and 2008 ano er in red about 2 million € and for this reason the same company has 430 employees and threatened to close their dismissal if it had not been a union agreement in September 2008, which favored the reduction in staff and sales offices.

currently amount to about 311 employees, although in the same year the company changed and expanded its powers. Since January 2010, was launched third statute that specifies and confirms what was reported in the previous statutes and extends the range of the same company.

The company Ales, the most influential political intentions, had become the "Cultural Spa" what was defined at the time a "megasocietà" type multifaceted service of the Ministry for Cultural Heritage and Activities, a project that, though ambitious, but miserably abandoned.

After several attempts by various institutional bodies with difficulty trying to extricate the "potato boiling "with no way out, there was the lighting of the policy of the Cabinet Bondi, who thought that all things have available a very useful container, such as Ales , could still come in handy in the management and administrative discretion.

So has joined the Director General for the enhancement Cav. Mario Resca and continues its tasks set out in contracts with the Ministry for all matters relating to the cleaning, caretaking and gardening, even if the future society Ales, but not yet its own market, is worried that private service providers who are already engaged in the field, since, by statute, can play a long series of tasks in national and international, regarding the management of museums, archaeological sites, monuments, libraries and archives, and services to the public, supervisors, guided tours, ticket office, bookshop, the management of places of refreshment, as well as any other needs or institutional support activities.

And to make matters worse, it can manage conferences, trade fairs, shows, getting publishers to produce books, and printed periodicals, audiovisual materials and teaching, and engage in merchandising, design and furnishings, and even call center support services to the cataloging of works of art.

The company Ales but have not yet, know-how and expertise capable of dealing with this, but his status makes him a potential colossus, a formidable partner 'in house' of Ministry.

All this, as we said, worried that private companies that set, after the law Ronchey 1993, have been developed and work for the Superintendent in museums all over Italy, in the field of 'public services', which fear that the Ministry can use the company Ales to invade the market with all its cumbersome presence.

Europe is very clear on this: the companies in-house as the Ales, should represent the extreme "ratio", and therefore an exception. There is still hope that the Ales will not participate in races ever and will not operate in derogation from the rules of contracts.

The application of this type of activity hints at what once could be described as "partnership state" and that over the years has been entirely set aside to make room for the market and ensure that it is not always the rule to remedy the budget deficit of Companies.

The program of the Director General Mario Resca is expected to find funding to enable the company to act Ales and formally intervene in all those areas where the Ministry of Superintendents and lack of staff. But what are these areas?

is not yet clear, and perhaps could be the maintenance and monitoring, or the provision of some mid-level professionals that may find place in the top of the Superintendent, in order to cover their shortages of organic while creating an anomalous parallel structure.

Confsal The UNSA-long Cultural Heritage is striving to prevent the development of foundations and companies financed with public capital, and made available to individuals who acquire their cultural heritage management in conditions very favorable, freed by staff costs and other expenses while confiscating the situations profits to increase their capital.

Contrary to those who see new development prospects for the industry, our union is careful and vigilant on the work that the Administration is once again opting to its institutional role in exchange for a surrogate organization that can never match the technical-scientific-administrative staff MiBAC.

regrettable to note that in the face of such a situation the trade unions are as disunited as usual, giving a further evidence of their inability to defend the interests of workers, through the delegation have entrusted their confidence that they are not depleted the functions and professionalism.

Therefore, we respond in a compact area of \u200b\u200bthe CGIL and CISL, who accuse us of being corporate, as well as replicate the UIL-BAC that all our work is done only to protect the productive base of Ministry and therefore not let ourselves be distracted by free charges, which tend to hide the truth while writing to hook up some more.

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NEWS FROM THE MONTH OF JUNE

The work of Bondi Arcus increasingly on a collision course with the ordinary judges and accounting

For years our union has repeatedly denounced the lack of transparency in the management of Arcus SpA and only a few weeks ago the magistrates accounting realize that things do not go.

realize it took action because the ordinary courts, but long before they could intervene if they carefully read their reports to Parliament prepared by the adviser in charge of reviewing acts of Arcus.

The reports are available to all, are on the website of the Court of Auditors and good if you look at the entire management of the spa in the building of infrastructure and cultural heritage will be understood that not only the problem Propaganda Fide.

said this is the time to make a real clarity on the bandwagon, which distributes public money to rain without declaiming the published criteria. The buck-passing of responsibility is going on these days between the administrative and political power is the clearest proof of the futility, to hold still But standing Arcus Spa to decide whether the interventions are the two ministers, one of the cultural heritage and infrastructure, not the President and the Board of Directors of Arcus, what sense does it take up a limited company whose high cost of management weighs heavily on public spending? (Do not forget that Arcus for example spends about 18 000 euro per month for its headquarters in Rome to house less than ten employees).

We bring back as soon as possible within the powers of the Minister of Culture , and immediately put into liquidation Spa, nowadays there are no more excuses, Arcus has be closed ". A little use of the declaration Minister of Culture Sandro Bondi, who claims to have adopted "Procedures for the 'allocation of funds based on the maximum transparency and efficiency" to Arcus, the company building between the Ministry of Cultural Heritage and the infrastructure over the middle of 'attention to the investigation of major contracts.

"When I arrived at the ministry - Bondi said in a passage from a letter of reply to 'Republic' Arcus operated without any regulation.

E 'is my concern that one of dotarne were established procedures for the' allocation of funds based on the maximum transparency and efficiency.

Among other things I want to clarify that the statute does not prohibit the financing of Arcus restoration of Church property, like that always do our superintendence. "

Minister Bondi points, more generally, that 'the main objective of the ministry, and for the enhancement of the Director, Mario Resca, is to increase and improve the quality of public services , encouraging at the same time, free competition and market transparency in 'exclusive public interest. "

Too many of the facts suggests that a different management, so different that it is completely away from traditional norms. It has taken a road is too dangerous and very appealing to outside interests that are pressing to get more and more strongly in the complex management of cultural heritage.

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UNION TRIBUNE ON-LINE INFORMATION COLLECTION OF 12 July 2010

The museum opened in Herculaneum ghost twice, never opened

excavations left to decay, an exhibition prepared by the ' 78 and never opened: 4000 exhibits forgotten in vaults and warehouses. And Pompeii lose visitors. While the magistrates investigating the use of EU funds

ERCOLANO - A museum Ercolano antiquarium is a ghost even though it was built 35 years ago and opened twice, in '78 and '93 (the windows still packed), has never been opened.

, the four archaeological finds that would accommodate lie many years in the armored bank vault. Or deposited in warehouses, some of whom infiltrated by the rains.

The "cradle of charred wood," the "bronze statue of Bacchus, the sculptures of the" house of the deer, "the" original "re-emerged between the skeletons, and then the furniture blackened from 500 degrees of blazing volcanic cloud are just some of the pearls of "museum that does not exist", denied the curiosity of the three hundred thousand visitors each year who go to Herculaneum.

Even the "spa", the most striking part of the excavations, are closed to the public, visitors will find the door locked and no sign to explain why.

same fate for the "ancient theater, the most famous being the first excavations in the 700: it is inaccessible to the public.

The three hundred casts of bodies charred by the eruption in 79 AD, found at the beach under a blanket of 19 feet of volcanic mud, still have not been exposed in the place of occurrence, despite works for their construction have started 12 years ago.

If crying Herculaneum, Pompeii is not laughing. An example: in Pompeii, the site of the fugitives, a jewel of recent excavations of the mid-nineties Fio financed by EU funds, is barred by a rope incredibly wrinkled.

Again no sign offering any explanation. It is located in the region before, 22nd insula "of the archaeological site, a few meters from the garden of the fugitives.

But visitors can not access this area raised, of exceptional interest (you can see the bodies of people who survived the first eruption, but killed by volcanic mud while trying to escape over a meter of pumice) because the entrance is denied them by a rope.

The staircase is devoid of the first step, the glass case is bullet-proof security to the dusty casts from who knows how long.

groped hard to explain to the "dark evil" that plagues has always been the sites of Herculaneum and Pompeii, but who has sharpened in recent years that have seen recently, even the Commissioners by an official of the Civil Protection.

entire administrative machinery of the superintendents bells, moreover, seems in disarray for some time. Is it possible, for example, than that of Naples, from which depend on since last August Herculaneum and Pompeii, is governed by the former Acting Secretary General of the Ministry of Culture - now retired - Joseph Proietti, who is both too special superintendent of Rome and Ostia? But not only. The superintendence of Salerno, on which the archaeological sites of Avellino, Benevento and Caserta, is entrusted to Dr. Maria Luisa Nava, whose appointment has received the records of cancellations: they rejected the Tar (with confirmation by the Council of State), and a decree of the President of the Republic. Nevertheless, he continues to perform his duties with the risk that any acts by you to be signed formally invalid.

All this happens while a leading expert of the excavations (300 scientific publications including Herculaneum and Pompeii), the leader Mario Pagano - inexplicably driven by the Superintendence of Salerno after only three months after being appointed by public procedure - has long been mobbed by the Ministry of Culture. Pagano is left at home for over a year salary, but without charge, despite two orders of the Labour Court have placed their full reintegration in the roles of the regional archaeological bell. The pattern of harassment against him could hide in a criminal investigation by the prosecution to Salerno top secret management "happy" the assets of the Superintendency of Salerno.

pm The Rocco Alfano and his police have already obtained an account of recent years, particularly for projects financed by the EU.

The criminal investigation draws upon the defensive investigations - then riversatesi in a statement in the prosecution - Katie Verlingieri Advocate (legal Pagano), who discovered strange irregularities in the accounts of some jobs funded by the EU in Paestum and Velia.

The lawyer-investigator, armed with a tape recorder, is able to show that a shortfall of 400 000 euro for the supervision of Salerno was "cured" from the funds allocated by the Ministry of Culture on the basis of an expert false, for maintenance work which was never actually made. (ALBERTO CUSTODERO)