deflate the Italian justice system compared to the load and the risk of arrears to accumulate further delay. And
'This is the aim of the new institution of civil and commercial mediation, approved by Legislative Decree 4 March 2010, No 28 (Official Gazette of March 5, 2010, 53) implementation of the reform of the civil trial ( Law 69/2009).
This is a novelty, fully implemented, is intended to modify the mapping of the civil trial.
E 'defined mediation activity, however named, conducted by an impartial third party and aimed to assist two or more subjects:
is in finding an amicable agreement for the settlement of a dispute (ie the mediation of composition), both in the formulation
a proposal for resolving the dispute (ie the mediation proposals).
Mediation is the means to reach conciliation to achieve this, there is support for the bodies, or public or private, authorized to conduct the mediation process (without the authority to impose a solution), members in a registry established by the Minister of Justice.
Freedom of forms
Anyone can access the mediation, provided rights issues arise available, do not exclude a priori forms of negotiation.
There are no special formalities, and you can also use telematic means.
E 'simply filed with the competent authority, stating:
the body;
parties;
the object;
the reasons for the claim (ie the cause of action).
E 'will be a sort of lis pendens: If more than one application to a dispute, the mediation takes place before the body from which was the first application (the time of application is identified with the date of receipt of the notice).
All records, documents and measures related to the mediation process shall be exempt from stamp duty and any other expense, fee or charge of any kind and nature, art. 17.
However, it should be noted that there is a new requirement for the lawyer, who must inform the insured in a clear and written in the first interview, the possibility of using the mediation process, the document signed by the customer and thus formed must be attached to the application in the eventual trial, otherwise it will be the court to inform the party of the right to undertake a mediation process.
types of mediation are being envisaged, essentially, three types of mediation:
1) optional, when freely chosen by the parties;
2) mandatory (enter the expiry of twelve months from the date of entry into force of the decree, which talks, art. 24), when imposed by law, the mediation process must be completed, on pain of admissibility (from defensive contest in the first act by the defendant or the court no later than the first hearing), where of disputes relating to:
condominium;
real rights;
division;
hereditary succession;
pacts family
lease, loan
;
rental company;
damages arising from the use of vehicles and boats;
damages resulting from medical liability;
damages resulting from defamation by the press or other means of publicity;
insurance contracts, banking and financial
3) court when the judge is to invite the parties to undertake a process of mediation (by order), the call may be made at any time, provided prior 'clarification of the conclusions of the hearing or, if that hearing is not provided, before discussion of the case.
The Institute of mediation can not relate to:
proceedings for an order, including the opposition, pending on the applications for the grant and the provisional suspension of execution;
procedures for validation of license or eviction, up to the change of rite of Article. Cpc 667;
proceedings owners, pending measures under Article. Cpc 703, subsection 3, Code of Civil Procedure;
the opposition proceedings incidental or cognition, the enforcement;
proceedings in closed session;
civil action pursued in the criminal trial. Proceedings
The mediation process will last four months:
is the application for mediation
↓
the responsible body shall appoint a mediator, staring at the first meeting between the parties (so no later than days from the filing date)
↓
given the other party ( if you need special technical skills, the body shall appoint one or more mediators auxiliary)
↓
the mediator seeks an amicable agreement:
↓
1)
if you reach an agreement (conciliation), the Ombudsman shall draw up a report, signed ↓
parties to the Agreement (not contrary to public policy or mandatory rules), which may provide for the payment of fees for each subsequent violation or non-compliance, is approved by the President of the Court, in whose district the body is established, subject to verification of the regularity of formal
approved the minutes is enforceable for the expropriation forced, for specific performance and to mortgage its proceedings;
2)
if there is no agreement (conciliation), the Ombudsman forms the minutes indicating the proposal and the reasons for the lack of agreement
↓ ↓
civil trial begins
when the measure that defines the court is entirely content of the proposed conciliation, the court: a) precludes the recovery of costs of the successful party who refused the proposal for the period following the same b) ordered to pay the costs of the counterparty; c) ordered to pay a ' additional sum, in an amount corresponding to the contribution due to unified. Privacy
Whoever lends his work or his service in the body is obliged to confidentiality in relation to the statements made and information acquired during the mediation process, pursuant to Art. 9.
Unless otherwise agreed by the parties, statements or information acquired during the procedure can not be used in the trial on the same subject, even partial, summary or initiated as a result of the failure of mediation.
The Ombudsman may not be required to lay on the parties, known in the mediation process, taking advantage of the guarantees of freedom of the defendant, pursuant to Art. 103 Code of Criminal Procedure and the rules on professional secrecy, art. 200 cpp.
conciliation bodies, bodies responsible for mediation shall be public or private, that provide a guarantee of reliability and efficiency, entered in the register.
The advice of the Bar, but also other professional bodies, agencies may establish, by its own staff and its premises.
will be established at the Ministry of Justice, the register of trainers for the mediation.
(American Lawyer, March 8, 2010. Note Luigi Viola . See also the opinion of CNF)
Civil Mediation
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Binding mediation: a process and the role of the lawyer
Rome March 23 - Milan 6 April - Torino May 4
Cons. M. Rossetti (Massimario the Supreme Court) - Accredited seven hours
DECREE March 4, 2010, No 28
Implementation of Article 60 of Law June 18, 2009, No 69 in the field of mediation aimed at reconciliation of civil and commercial disputes. (10G0050)
(OJ No 53 of 3.5.2010 )
THE PRESIDENT OF THE REPUBLIC
Having regard to Articles 76 and 87 of the Constitution, reference to Article 60 of Law June 19, 2009, No 69 , delegating the Government in the field of mediation and conciliation of civil disputes and commercial
Having regard to Directive 2008/52/EC of the European Parliament and the Council of 21 May 2008 on certain aspects of mediation in civil and commercial
Given the preliminary resolution of the Council of Ministers, adopted at its meeting on October 28, 2009;
acquired the opinions of the relevant Commissions of the Chamber of Deputies and the Senate;
Given the resolution of the Council of Ministers, adopted at the meeting of February 19, 2010 ;
On the proposal of the Minister of Justice;
issued the following legislative decree:
Chapter
GENERALIArt PROVISIONS. 1Definitions
1. For the purposes of this Legislative Decree shall apply: a) mediation activity ', however named, conducted by an impartial third party with regard to attend two or more 'players in the search for an amicable agreement for the settlement of a dispute, both in the formulation of a proposal for the resolution of the dispute; b) Mediator means a person or persons who, individually or collectively, play the mediation is denied, however, the power to make binding decisions or judgments for the recipients of the service itself; c) settlement: the settlement of a dispute following the course of the mediation, d) organizations: public or private from which it can 'take place on the mediation process under this decree; e) register means the register of bodies established by the Minister of Justice under Article 16 of this Decree, as well ', until the adoption of that decree, the register of bodies established by the Decree of the Minister of Justice July 23, 2004, No 222. Art
2Controversie subject of mediation
1. Anyone can 'access to mediation for the settlement of a dispute relating to civil and commercial rights are available, according to the provisions of this decree.
2. This decree does not preclude negotiations regarding voluntary and joint civil and commercial cases, it 'complaint procedures provided for in the charters. Chapter II
PROCEDURE MEDIAZIONEArt. 3Disciplina applicable and form of acts
1. At the mediation process is applied Regulation body chosen by the parties.
2. The regulation should in any case ensure the confidentiality of the proceedings pursuant to Article 9, as well as 'mode' of appointment of the Ombudsman to ensure its impartiality 'and suitability' for the proper and prompt completion of the assignment.
3. The proceedings of the mediation proceedings are not subject to formalities'.
4. Mediation can 'take place in conditions' telematics provided by Regulation of the organism.
Chapter II of the mediation process
Art 4Accesso mediation
1. The request for mediation on disputes referred to in Article 2 and 'presented by the deposit of an instance in an organism. In the case of more 'questions about same dispute, the mediation takes place before the agency and which 'was the first application. To determine the time of the application you have regard to the date of receipt.
2. The application must indicate the agency, the parties, the subject and the reasons for the claim.
3. When the order is placed, the lawyer and 'to inform the insured of the possibility' of using the mediation process is governed by this decree and the tax advantages provided for in Articles 17 and 20. The lawyer also inform 'the insured in cases where the experiment of the mediation process and' Exercise of jurisdiction 'of the proceedings. The information must be given clearly in writing. In case of violation of disclosure requirements, the contract between the lawyer and the insured, and 'undone. The document containing the information and 'before witnessing the undersigned and shall be attached to the application of any legal proceedings. The court to assess the allegation of failure to document, unless action pursuant to Article 5, paragraph 1, inform the party of the right 'to seek mediation.
5Condizione Art of jurisdiction 'and relations with the process
1. Whoever wishes to pursue in court action relating to a dispute concerning a condominium, real rights, division, inheritance, family agreements, lease, loan, rental companies, damages resulting from the movement of vehicles and boats, from responsibility 'medical and defamation by the press or other means of advertising' contracts, insurance, banking and finance, and 'taken in advance to bring the mediation process under this decree or the conciliation procedure provided for by Legislative Decree 8 October 2007, No 179, or the procedure established pursuant to Article 128-bis of the Consolidated Law on Banking in the Legislative Decree of 1 September 1993, No 385, as amended, for those particular set. The experiment of the mediation process and 'Exercise of jurisdiction' of the proceedings. The admissibility 'must be raised by the defendant, under penalty of forfeiture, or recognized by the national office no later than the first hearing. Where the court finds that mediation is' already 'begun, but you are not' over, fixed the next hearing after the expiration of the period referred to in Article 6. Similarly when the mediation shall not 'been completed, giving the parties the same period of fifteen days to submit the request for mediation. This subparagraph shall not apply to actions under Articles 37, 140 and 140-bis of the Code of consumption referred to in Legislative Decree 6 September 2005, No 206, as amended.
2. Subject to the provisions of paragraph 1 and subject to the provisions of paragraphs 3 and 4, the judge, even in court of appeal, the nature of the case, the state of education and the conduct of the parties, 'invite them to proceed to mediation. The invitation should be addressed to the parties before the hearing for clarification of the findings or, if that hearing is not 'provided, before discussion of the case. If the parties adhere to the invitation, the court fixed the next hearing after the expiration of the period referred to in Article 6 and, if mediation is not 'already' started, gives the parties the same period of fifteen days to provide demand for mediation.
3. During the mediation in any case does not preclude the granting of interim relief protective measures, it 'the transcript of the proceedings.
4. Paragraphs 1 and 2 shall not apply to: a) in proceedings for an order, including the opposition, pending a decision on applications for granting and withdrawal of provisional execution, b) in proceedings for validation of license or eviction, until the change of procedure referred to in Article 667 of the Code of Civil Procedure; c) in proceedings owners, pending the measures referred to in Article 703, third paragraph of the Code of Civil Procedure d) in the opposition proceedings incidental or knowledge relating to enforcement; e) in proceedings in chambers, f) in the civil action pursued in the criminal trial.
5. Subject to provisions of paragraph 1 and except as provided in paragraphs 3 and 4, if the contract, the statute or the act of incorporation include a provision for mediation or conciliation and the attempt is not exhausted, the court or arbitrator, on except part, first proposed in the defense, shall allow the parties a period of fifteen days for the submission of the application for mediation and set the next hearing after the expiration of the period referred to in Article 6. Similarly, the court or arbitrator fixed the next hearing if mediation or conciliation are initiated but not completed. The application and 'brought before the body specified by the clause, if entered in the register, or, failing that, before another agency in writing, without compliance with the criterion laid down in Article 4, paragraph 1. In any case, the parties may agree after the contract or the statute or the statute, the identification of a different agency in writing.
6. From the time of disclosure to other parties, the application for mediation has on the effects of the prescription claim. From the same date, the mediation request also prevents' the loss only once, but if the attempt fails, the proceedings must be instituted within the same period of decline following the date of filing of the report referred to in Article 11 at the secretariat organism. Art
6Durata
1. The mediation process will last not exceeding four months.
2. The period referred to in paragraph 1 from the date of filing the application for mediation, or the expiry of that fixed by the court for filing the same and, even in cases where the court has the referral of the case under the fourth or fifth sentence of paragraph 1 of Article 5, and 'subject to suspension working. Art
7Effetti on
a reasonable length of trials. The period referred to in Article 6 and the period of court ordered by the court under article 5, paragraph 1, shall not be reckoned for the purposes of Article 2 of Law March 24, 2001, No 89. Art
8Procedimento
1. When submitting the application for mediation, the person in charge of appoint a mediator and set a first meeting between the parties within fifteen days from the filing date. The application and the date of the first meeting shall be communicated to the other party by any appropriate means to ensure the reception, including by the requesting party. In disputes that require specific technical skills, the body can 'appoint one or more' auxiliary mediators.
2. The proceedings are conducted informally 'at the head office of mediation or at the place specified in the Rules of Procedure of the organism.
3. The mediator shall ensure that 'the parties reach an amicable agreement for adjudication.
4. When you can not 'proceed in accordance with paragraph 1, last sentence, the mediator can' use of expert consultants registered in the registers of the courts. The Rules of Procedure of the body must include the methods' of calculation and payment of fees of the experts.
5. From the non-participation without good reason to mediation proceedings, the court may 'derive test subjects in subsequent proceedings under Article 116, second paragraph of the Code of Civil Procedure. Art
9Dovere confidentiality
1. Anyone who lends his work or his service in the body or any part of the mediation process and 'bound by the obligation of confidentiality with respect to the statements made and information acquired during the proceedings.
2. Compared to statements made and information gained during separate sessions and unless consent of the registrant or from whom the information, the Ombudsman and 'ALSO' held to confidentiality in relation to other parties.
10Inutilizzabilita Art 'and professional secrecy
1. The statements made or information obtained in the course of the mediation process can not be used in the trial on the same subject, even partial, which began, summary or continued after the failure of mediation, unless consent of the registrant or from which the information originated. The content of those statements and information and not 'witness evidence admissible and can not' be referred oath a decision.
2. The mediator can not 'be required to testify about the content of the statements made and information acquired in the mediation process, it' before the authority 'judicial authority' in front of other authorities'. The Ombudsman, the provisions of Article 200 of the Code of Criminal Procedure and extend the guarantees provided for the defender from the provisions of Article 103 of the Code of Criminal Procedure as applicable. Art
11Conciliazione
1. If and 'reached an amicable agreement, the mediator and which form the minutes' copy of the text of the Agreement. When the agreement is not 'reached, the mediator can' make a proposal for settlement. In any case, the Ombudsman makes a proposed settlement if the parties make him joint request at any time during the proceedings. Before the formulation of the proposal, the mediator informs the parties of the possible consequences of Article 13.
2. The proposed settlement and 'communicated to the parties in writing. The parties submitted to the mediator, in writing and within seven days, the acceptance or rejection of the proposal. Failure to respond within the time limit, the proposal has to be refused. Unless the parties otherwise agree, the proposal can not 'contain any reference to statements made or information obtained in the course of the proceedings.
3. If and 'amicable agreement reached under paragraph 1, or if all parties adhere to the proposed of the Ombudsman forms the minutes be signed by the parties and the mediator, which certifies the signatures of the parties or their inability 'to subscribe. If the agreement with the parties conclude a contract or commit any act referred to in Article 2643 of the Civil Code, to proceed with the signing of the transcript of that record must be authenticated by an official, what 'authorized. This agreement, even after the proposal may 'provide for the payment of a sum of money for each violation or failure to comply with obligations or for the delay in their implementation.
4. If conciliation fails, the Ombudsman forms Minutes with details of the proposal, the minutes and 'signed by the parties and the mediator, which certifies the signatures of the parties or their inability' to subscribe. In the same report, the Ombudsman from 'non-participation in the act of either party to the mediation process.
5. The minutes and 'filed with the secretary of the body and it and' copy issued to the parties that need it. Art
12Efficacia executive and enforcement
1. The verbal agreement, whose content is not 'contrary to public policy or mandatory rules, and' approved on application and upon verification of the regularity also 'formal decree of the President of the court in whose district body is located. Border disputes referred to in Article 2 of Directive 2008/52/EC of the European Parliament and the Council of 21 May 2008, the minutes and 'approved by the presiding judge in the district where the agreement must be enforced.
2. The report referred to in paragraph 1 shall be enforceable to the repossession, for specific performance and to mortgage its proceedings. Art
13Spese procedural
1. When the measure that defines the proceedings is entirely the contents of the proposal, the judge excludes the recovery of costs incurred by the successful party who refused the proposal, referring to the period following the formulation of the same, and an order of reimbursement of expenses incurred by the losing party for the same period, as well as' to be paid into the state budget an additional amount equal to the sum of contributions due to unified. Maintains the applicability 'of Articles 92 and 96 of the Code of Civil Procedure. The provisions of this paragraph shall also apply 'to the costs of allowances' paid to the Ombudsman, and the remuneration payable to the expert referred to in Article 8, paragraph 4.
2. When the measure that defines the assessment does not correspond entirely to the contents of the proposal, the judge, if there are serious and exceptional reasons, can ', however, exclude the recovery of costs incurred by the prevailing party for the allowances' paid to the Ombudsman, and the remuneration payable to the expert referred to in Article 8, paragraph 3
. The court must state explicitly in the grounds, the reasons for the decision on costs in the previous period.
4. Unless otherwise agreed by the preceding provisions shall not apply to proceedings before the arbitrators. Art of the Ombudsman
14Obblighi
1. The Ombudsman and its auxiliaries and 'forbidden to take any rights or obligations related, directly or indirectly with the business transacted, except those closely related to the performance of the work or service, and' are prohibited from receiving compensation directly by the parties.
2. The Ombudsman, and 'did also,' required to: a) sign for each business for which a 'designated, a statement of impartiality' according to the formulas provided in the rules of procedure applicable, as well as' additional commitments may be required by the regulation, b) immediately inform the agency and the parties of the reasons of possible prejudice to the impartiality 'in the conduct of the mediation, c) formulate proposals for reconciliation within the limit of public policy and mandatory rules, d) be paid immediately to every request of the person in charge of organizational .
3. On request, the responsible body shall ensure the replacement of the mediator. The regulation identifies the different competent person to decide on when the mediation and 'carried out by the responsible organism. Art class action
15Mediazione
1. When and 'carried out, the class action under Article 140-bis of Consumer Code, referred to in Legislative Decree 6 September 2005, No 206, as amended, conciliation, after the expiry of the deadline for the accession has effect also in respect of members who have expressly permitted. Chapter III
BODIES MEDIAZIONEArt. 16Organismi mediation and register. List of trainers
1. Public or private, that provide guarantees of seriousness' and efficiency, organizations are entitled to be members, at the request of interested party, to manage the mediation process in matters referred to in Article 2 of this decree. Those organizations must be registered.
2. The formation of the Registry and its review, registration, suspension and cancellation of membership, the establishment of separate sections of the register for the discussion of matters which require specific expertise in consumer and international, as well as' the determination of indemnity 'as the bodies are governed by special decree of the Minister of Justice, in concert with regard to the matter of consumption, with the Minister of Economic Development. Until such decrees shall apply, mutatis mutandis, the provisions Decrees of the Minister of Justice July 23, 2004, No 222 and July 23, 2004, No 223. To comply with these provisions, until the same date, the bodies of-court settlement provided for in Article 141 of the Consumer Code, referred to in Legislative Decree 6 September 2005, No 206, as amended.
3. The body, together with the application for registration, deposit with the Ministry of Justice, its rules of procedure and code of ethics, communicating any subsequent variation. The regulations must be made, provided the terms of this decree, the online procedures may be used by the body in order to ensure communications security and compliance confidentiality of data. Regulation should be attached to the scale for 'payable to the bodies set up by private bodies, proposals for approval in accordance with Article 17. For the purpose of the listing, the Ministry of Justice evaluates the suitability 'of the regulation.
4. The supervision register and 'exerted by the Ministry of Justice and, with reference to the section for the discussion of consumer affairs pursuant to paragraph 2, also by the Ministry of Economic Development.
5. Ministry of Justice and 'set up by ministerial decree, the list of trainers for the mediation. The decree establishing the criteria for registration, suspension and cancellation of membership, as well as' to undertake the 'training, in order to achieve high levels of training of mediators. With the same decree, and 'set the date from which the participation in the' training referred to in this paragraph is for the intermediate condition of skills.
6. The establishment and maintenance of the register and the list of trainers takes place in human resources, financial and already 'in existence and available to current legislation, the Ministry of Justice and the Ministry of Economic Development, for the part their respective jurisdiction, and, anyway, without new or higher charges for the state budget. Art
17Risorse, allowances and tax system '
1. In implementation of Article 60, paragraph 3, letter o) of Act June 18, 2009, No 69, the tax advantages provided by this Article, paragraphs 2 and 3, and 20, is part of the purpose 'of the Ministry of Justice funded with part of the resources flow to the' One Justice Fund "vested in the Ministry said, according to paragraph 7 of Article 2, letter b) of Decree-Law of 16 September 2008, n. 143, with amendments, into law November 13, 2008, No 181 and paragraphs 3 and 4 of Article 7 of Decree of the Minister of Economy and Finance July 30, 2009, No 127.
2. All records, documents and measures related to the mediation process shall be exempt from stamp duty and all expenses, taxes or charges of any kind or nature.
3. The verbal agreement and 'exempt from registration up to a maximum value of 50,000 euro, or the tax and' due to the excess.
4. With the decree mentioned in Article 16, paragraph 2, are determined: a) the minimum and maximum amount of indemnity 'due to public bodies, the methods of calculation and mode' of the division between the parties, b) the criteria for approval of the scale for 'proposals by bodies set up by private bodies and c) increases the maximum allowances' paid, not exceeding twenty-five percent, assuming success of the mediation, d) reductions Minimum indemnity 'due in cases where mediation and' Exercise of jurisdiction 'under Article 5, paragraph 1.
5. When mediation and 'Exercise of jurisdiction' of the application under article 5, paragraph 1, the body is not 'due any compensation' from the part which lies in the conditions for admission to legal aid, to Article 76 (L) of the consolidated laws and regulations on legal costs in the decree of the President of the Republic of May 30, 2002, No 115. To this end, the party and 'at the agency is required to file a declaration affidavit', whose signature can 'be authenticated by the same broker, as well as' to produce, under penalty of rejection 'when the body requires, the necessary documentation to prove the veracity' of the statement.
6. The Ministry of Justice shall, acting in his 'institutional monitoring of mediations on who is exempt from the payment of compensation' for mediation. The results of this monitoring are taken into account in determining, with the order under section 16, paragraph 2, of the allowances 'payable to public bodies, so as to also cover the cost of the' paid for the benefit of persons with exonerated.
7. The amount of compensation 'can be restated every three years in relation to the change, established by the National Institute of Statistics, consumer price index for families of workers and employees, which occurred in the previous three years.
8. To cover the costs arising from the provisions of paragraphs 2 and 3, measured in € 5.9 million for the year 2010 and of € 7.018 million from the year 2011, provided for by reducing the share of resources' Fund single justice 'in Article 2, paragraph 7, letter b) of Decree-Law of 16 September 2008, n. 143, with amendments, into law November 13, 2008, No 181, which, to this end, the entry shall be forfeited to the State budget.
9. The Minister of Economy and Finance will monitor the charges referred to in paragraphs 2 and 3 and in case you accidentally deviations from the forecasts referred to in paragraph 8, is retained at the entrance to the further sum necessary to ensure the funding of the higher cost to assert on the same installment of the single justice pursuant to paragraph 8. Art
18Organismi the courts
1. Advice from the Bar Association may establish agencies in each court, using its own staff and using their premises made available by the presiding judge. The bodies before the courts are listed on the register to a simple question, according to the criteria established by the decrees referred to in Article 16. Art at
19Organismi recommendations of professional bodies and chambers of commerce at
1. The advice of professional bodies may establish for the reserved matters to their skills, with the approval of the Ministry of Justice, special organizations, using its own staff and using local in their availability '.
2. The bodies referred to in paragraph 1 and the bodies established under Article 2, paragraph 4, of the Law of 29 December 1993 580, chambers of commerce, industry, trade and agriculture are listed on the register to a simple question, according to the criteria established by the decrees referred to in Article 16. Chapter IV
PROVISIONS AND TAX INFORMATIVAArt. 20Credito tax
1. To Parties pay compensation 'to those authorized to conduct the mediation process and the bodies' recognized, in case of successful mediation, a tax credit commensurate ALLOWANCES' itself, up to a maximum of five hundred euro, determined as provided in paragraphs 2 and 3. In case of failure of mediation, the tax credit and 'halved'.
2. From the year 2011, by decree of the Minister of Justice, by April 30 of each year, 'given the amount of resources to rely on the share of "one Justice Fund' in article 2, paragraph 7 b) of Decree-Law of 16 September 2008, n. 143, ratified with amendments, November 13, 2008 by Law No 181, intended to cover the revenue losses resulting from the granting of the tax credit referred to in paragraph 1 regarding the mediation concluded in the previous year. By the same decree, 'identified the tax credit actually payable in respect of the amount of each mediation in proportion to the resources allocated and in any event the amount shown in paragraph 1.
3. The Ministry of Justice informed the amount of tax credit payable within 30 days from the deadline referred to in paragraph 2 for its determination and transmit it electronically, the Inland Revenue a list of beneficiaries and the amounts each press.
4. The tax credit shall be stated, under penalty of forfeiture, in the tax return and e 'can be used from the date of receipt of the notification referred to in paragraph 3, in compensation under Article 17 of Legislative Decree 9 July 1997 No 241, as well as' on the part of individuals who do not hold business income or self-employment, a reduction of income tax. The tax credit is not to 'rise to a refund and does not contribute to the formation of income for income tax, it' the net value of production for the regional business tax 'productive and do not affect the relationship Articles 61 and 109, paragraph 5, of the consolidated income tax, of which Decree of the President of the Republic on 22 December 1986, no 917.
5. For the purpose of funding the revenue arising from this Article, the Ministry of Justice shall annually pay the amount corresponding to the amount of resources devoted to accounting for tax credits on 'Special 1778 "Agency of revenue - Funds budget." Public Art
21Informazioni
1. The Ministry of Justice care through the Department of Information and Publishing of the Prime Minister and with funds provided by law June 7, 2000, No 150, the disclosure to the public through special campaigns, particularly on the Internet, information on mediation process and the agencies authorized to perform.
Chapter V REPEALS, AND COORDINATION PROVISIONS TRANSITORIEArt. 22
reporting requirements for the prevention of the financial system for money laundering and terrorist financing
1. Article 10, paragraph 2, letter e) of Legislative Decree 21 November 2007, No 231, after the number 5) and 'added the following: "5-bis) mediation, in accordance with Article 60 of the Law June 18, 2009, No 69;. Art
23Abrogazioni
1. Are hereby repealed Articles 38 to 40 of Legislative Decree 17 January 2003, No 5, and the references made by law for such items shall be understood as the corresponding provisions of this decree.
2. Remain subject to the provisions providing for the mandatory conciliation and mediation proceedings, however described, as well as' the provisions relating to conciliation proceedings relating to disputes referred to in Article 409 of the Code of Civil Procedure. The procedures in the preceding sentence shall be exercised in place of those provided by this decree. Art
24Disposizioni transitional and final
1. The provisions of Article 5, paragraph 1 shall take effect on expiry of twelve months from the date of entry into force of this decree and apply to processes started later. This decree, bearing the seal of the State, shall be 'included in the official collection of normative acts of the Italian Republic. E 'is mandatory for all to observe and enforce them.
Given in Rome, goodbye '2010.NAPOLITANOBerlusconi March 4, Prime MinistriAlfano, giustiziaVisto Minister, Minister of Justice: Alfano
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