Dear Dr. Porro, I ask you a simple question: in this country free enterprise sanctioned by art. 41 of the Constitution always exists or does the model ChinaIs Korea increasingly pregnant? Unfortunately as a profession I am always faced with regulations that are often issued spontaneously, without any purpose and which at best are of no use, at worst they produce incalculable damage.
Yesterday, struggling with the Budget Law 2025when I read article 112 I was shocked because I didn’t believe what was written. I said to myself: maybe I read wrong, maybe I made a mistake? In reality, the more I reread, the more I confirmed what was written there. The aforementioned rule provides that, even in Private law entities (it was already foreseen for Public Bodies) whether they are companies, bodies, organizations or foundations which also indirectly receive contributions from the State and in any form for significant amounts (for 2025 we are talking about €100 thousand) these subjects will be obliged to have within its control or audit body a representative of the MEF.
Now I can also share the fact that there are timely and precise checks on contributions provided and that these controls are delegated to State officials, what however is not acceptable, indeed intolerable, is that entities are obliged to appoint within a corporate body headed by a private law entity, a member of public expression .
Given that these corporate bodies are composed of professionals in possession of the objective and subjective requirements to carry out these roles and who above all are paid by companies and like other bodies weigh on social finances, I ask myself: these members of public expression who should meet periodically, participate in the meetings of the Boards of Directorsat the Assemblies all wandering around the peninsula periodically, who will pay the related fees and expense reimbursements?
They will be forced (they too) to have and pay for it out of their own pocket civil liability insurance like all of us or they will force private entities not only to pay travel compensation and reimbursements, but also insurance policies ad hoc? If they don’t think about it, it will certainly be like this and the costs for the checks carried out by the controllers of the controlled parties will be borne by them and this is not very convincing to me, but above all it is unworthy of a Western rule of law where freedom of enterprise should not only be a mere principle of form but above all it should be guaranteed in substance. It is intolerable that the State surreptitiously enters into the control and consequently also partly into the management of private entities.
A great liberal, pro tempore President of the Republic Louis Einaudi he said: “Economic freedom is the necessary condition of political freedom”. Are we sure that business and political freedom is still free in this country? This is worthy stuff worst socialist ideologies and I, who have never digested socialists first and communists then, even less can I digest socialists in disguise.
Cordially
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