The Official Gazette today, June 25, 2008, was released on Decree Law no. 112/2008 (concerning "Urgent provisions for economic development, simplification, competitiveness', the stabilization of public finance and tax equalization") better known as "operation" of the Berlusconi government and to whom much has been discussed these days.

Reading the text of the decree came to my mind that Otto von Bismarck said, "if you like laws and sausages, never look like they are made" in the measure, composed of dozens of items, ranging from broadband to cut costs of the Public Administration, the provisions on health care costs to those on justice. This fact raises doubts since it is recognized that this type of regulatory technique is not useful and productive as it prevents a systematic examination of these provisions, apart from being chaotic to interpreters and citizens must change because a large number of existing standards, to be easily read.

Quibbles as a jurist, he says.

For an initial brief examination of the measure, there are regulations that are not convincing even in a material. His friend and colleague Francis Micozz i pointed me, in particular, Article. 42 on "Access to the lists of taxpayers" with which you change the art. Presidential Decree No 69. 600/1973, the standard against which the Revenue had ordered the publication on its website of the income of the Italians .

The news there, and no small matter. In the above formulation, in fact, the rule provided that the list of names of taxpayers were available for "consultation by anyone" at the offices of the municipalities involved as well as at the offices of financial administration. The Decree Law just published, however, no longer speaks of consultation by anyone but the lists are expected to examine and obtain copies pursuant to the rules already in force on access to administrative documents (Articles 22 and following of Law No. . 241/1990).

In practice access will no longer be allowed at all, but only to those who have an interest to know the income of one or more subjects, for example, to defend its rights in court. Less transparency in short, but not all. Article. 66 DPR 600/1973 has added a further paragraph, 6-bis, which provides that "Except in the cases mentioned above, communication or distribution in whole or in part, by any means, or lists of personal data contained therein, in which the event not constitute a crime, is punished with an administrative sanction for payment of a sum of five thousand to thirty thousand. The amount may be increased up to three times when it is ineffective because of the economic conditions of the offender. "

Reading this provision would appear, therefore, that outside of certain categories of income (such as office holders) whose advertising is required by law, no newspaper will publish more data on income, even where there is an overriding public interest to the diffusion of the data itself.

Quite the opposite of transparency in operation.