The publication of Legislative Decree 201/2022, entitled “Reorganisation of the Regulation of Local Public Services of Economic Relevance”, has required local authorities to identify a methodology for the annual monitoring of local public services.
Article 30 of the aforementioned Decree, “Periodic Reviews of the Management Status of Local Public Services”, defines the scope of competence in this area. The provision states that:
- Municipalities or their possible associative forms with a population exceeding 5,000 inhabitants, as well as metropolitan cities, provinces, and other competent bodies, shall carry out periodic reviews of the management status of local public services of economic relevance in their respective territories, in relation to their own area or service catchment. Such reviews shall assess, for each awarded service, actual performance from an economic, efficiency, and service quality standpoint, as well as compliance with the obligations set out in the service contract, in an analytical manner, also taking into account the acts and indicators referred to in Articles 7, 8, and 9. The review shall also assess the extent of recourse to the awards referred to in Article 17, paragraph 3, second sentence, and to in-house company awards, as well as the costs and results attributable to the awarding bodies.
- The review referred to in paragraph 1 shall be contained in a dedicated report and updated annually, concurrently with the analysis of the structure of shareholdings pursuant to Article 20 of Legislative Decree No. 175 of 2016. In the case of services awarded to in-house companies, the report referred to in the preceding sentence shall constitute an appendix to the report referred to in the aforementioned Article 20 of Legislative Decree No. 175 of 2016.
Specifically, municipalities are required to periodically review the management status of local public services of economic relevance and to update the monitoring on an annual basis, with the aim of assessing economic performance, efficiency, and service quality, as well as compliance with contractual obligations, in an analytical manner. In particular, Article 28, “Supervision and Controls over Management”, of Legislative Decree 201/2022 provides that:
- Without prejudice to the competencies of regulatory authorities and sector-specific regulations, local authorities and other competent bodies shall exercise supervision over management.
- Management supervision shall be carried out on the basis of a control programme aimed at verifying the correct performance of the services awarded, taking into account the type of activity, the relevant territorial scope, and the users to whom the services are directed.
- For the purposes of this Article, the service provider is obliged to supply the awarding body with data and information concerning the fulfilment of the obligations set out in the service contract. Failure to comply with the information obligations incumbent on the service provider shall be subject to specific contractual penalties.
- The awarding body, in compliance with the rules on commercial secrets and confidential business information, may make public the data and information referred to in paragraph 3.
AnciLab, in accordance with the methodology presented in the “Operational Handbook” published by ANCI in 2023, has taken steps to meet the need of Municipalities to carry out monitoring activities, establish a sustainable system for data collection and analysis, and fulfil regulatory obligations in a timely manner. The support takes the form of the definition and implementation of a monitoring and control model for local public services, designed to be durable over time. To this end, professionals with specialised legal, technical, and financial expertise, as well as cross-cutting competencies, will be involved. The methodology developed is structured around several categories of activity.
- The first involves an analysis of local public services of economic relevance and their related contracts, providing a precise overview of the actions to be carried out.
- Subsequently, experts will support Municipalities in defining the control structure and existing indicators, with a view to determining whether contractual amendments are required.
- Drawing on data collected on services delivered during the year, it will be possible to produce the mandatory review report for 2024.
- At the same time, a data collection framework will be shared with each Municipality, aimed at establishing workflows for gathering the data required for the production of the annual report in subsequent years as well.
- Throughout the entire assistance period, legal support will be provided to help analyse and address any particular situations that may arise.
Useful Resources: https://www.anci.it/wp-content/uploads/Quaderno-n-46-ricognizione-spl-art.-30-dlgs-201-22-1.pdf
