Article 40. Public debate.

1. Except in the cases of mandatory public debate indicated in Annex I.6, the contracting authority or the granting body may call the public debate, where it deems it appropriate due to the particular social relevance of the intervention and its impact on the environment and the territory, guaranteeing in any case its speed. 2. Upon first application of the code, Annex I.6 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to article 17, paragraph 3, of law 23 August 1988, n. 400, by decree of the President of the Council of Ministers on the proposal of the Minister of Infrastructure and Transport, after consulting the Minister of the Environment and Energy Security and the Minister of Culture, who replaces it entirely also as an annex to the code. 3 The public debate opens with the publication on the institutional website of the contracting authority or the granting body of a report containing the project of the work and the feasibility analysis of any design alternatives. 4. The state administrations interested in the realization of the intervention, the regions and other territorial bodies affected by the work, as well as the stakeholders of widespread interests constituted in associations or committees, who, due to the statutory purposes, are affected by the intervention, may present observations and proposals within the deadline sixty days from the publication referred to in paragraph 3. 5. The public debate ends, within a deadline compatible with the needs of speed, in any case not exceeding one hundred and twenty days from the publication referred to in paragraph 3, with a report, drawn up by the person in charge of the public debate and containing a brief description of the proposals and observations received, with the possible indication of those deemed worthy of acceptance. The final report is published on the institutional website of the contracting authority or the granting body. 6. The outcomes of the debate, including any proposals for changes to the intervention, are evaluated by the contracting authority or the granting body for the purposes of processing of the subsequent planning level. 7. The regulations established by specific legal provisions for the public debate relating to interventions financed with the resources of the PNRR and the National Plan for investments complementary to the PNRR (PNC), referred to in the decree, remain unchanged. -law 6 May 2021, n. 59, converted, with amendments, by law 1 July 2021. 8. Annex I.6 regulates: a) the cases in which public debate is mandatory; b) the methods of participation and conduct of the debate public; c) the methods of identification and the duties of the person responsible for the public debate; d) any further contents of the initial and final reports of the public debate procedure. EFFECTIVE FROM: 1 July 2023

Relazione

REPORT Article 40 regulates the institution of public debate. Preliminarily, the explanatory report recalls that the institution of public debate, although it does not find a direct provision in Dir...

Commento

NEW • The National Commission for public debate is no longer envisaged. • Except for the cases of mandatory public debate indicated in Annex I.6, the decision whether or not to call the public debat...
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