The Independent Union of Professional-Highways PHEIC TECSTATMINISTERI On Bondi writes to the Minister.
Hon. Sandro Bondi
Minister for Arts and Culture
Via del Collegio Romano, 27 00100 Roma
and pc to Prof. Giuseppe Proietti, Secretary General
the Minister for Arts and Culture
Via del Collegio Romano, 27 00100 Roma
Subject: Payment of fees for professional testers.
Sir, We are writing to you to rectify a serious injustice perpetrated against engineers, architects and surveyors, in addition to the normal activities of your school, your practical skills in performing testing and commissioning on behalf of the administration.
This business of "testing" or "smooth running" within its own awarding body, was partly encouraged by a fraction of the famous 2% of Merloni, now reduced to 0.5% as a result of legislative measures implemented by the Government of which you are authoritative member, making it absolutely ridiculous, transeat. While
respect testing outside of the contracting authority, as well as in other administrations, the testing fee must be paid in accordance with the professional manner required by law.
Ministry in an attempt to be "more realistic of the King" in 2004 issued a circular signed by the architect. Roberto Cecchi, with which it was alleged that the Ministry of National Heritage and Culture must be understood as a single awarding body, this specious interpretation was contested by us and filed on 12/05/2004 with the TAR Lazio No 4832/2004 to "undo CIRCULAR N. 20/04: ART. CO 188. 3 and art. CO 210. 1 AND 2 DPR 554/99 - Emoluments PUBLIC OFFICIALS RESPONSIBLE FOR PROFESSIONALS TEST RUN OF OPERATIONS. "
Between the date of filing of the application and that of the pre-trial hearing discussion, the Ministry gave the course of reorganization proceedings, resulting in the Presidential Decree No 173/2004.
This regulation has been established that the Ministry is not a single awarding body, but is divided into many contracting clients as there are regional directorates (and, one might add, for each institution independent of the regional directorates, to eg.: The Central Institute for Demoetnoantrologia).
In essence, by the contracting authority has gone to many contracting clients, one for each Regional Office.
Following the presidential decree No 173/2004, the writer's union has done so to submit to the Lazio Regional Administrative Court on 26 October 2004, a "declaration of the applicant" to ask that the action should of course it declined jurisdiction to lack of interest occurred. The TAR
considered correct our interpretation and, therefore, said (just) the admissibility of the appeal for lack of interest occurred, with full compensation of costs.
Since the Ministry did not challenge the decree in the TAR, it is quite clear that whenever a professional employee is responsible for carrying out a professional activity of testing outside the Regional Office di appartenenza deve essere retribuito a parcella, secondo le modalità previste dalla normativa.
Ciò nonostante, i colleghi non riescono a far valere i propri diritti, per la costante pervicace determinazione di alcuni apparati amministrativi a non riconoscere il dovuto, atteggiamento che non può essere ancora tollerato a distanza di 5 anni dalla determina del TAR di cui sopra.
È per quanto sopra rappresentato che siamo costretti a rivolgerci a Lei, affinché voglia invitare gli uffici e le Direzioni preposte ad emanare un’apposita circolare esplicativa, che chiarisca una volta per tutte, il diritto al giusto compenso degli ingegneri, architetti e geometri del Suo Ministero.
Architect Danilo De Girolamo
Secretary General
Rome, March 21, 2004
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