Updates on the Italian independent authorities (AGCOM and CONSOB)

The last months have seen relevant news in the work of the Italian independent authorities, in particular concerning the Authority for Communications Guarantees (AGCOM) and the Companies and Exchange Commission (CONSOB).
The CONSOB called a public consultation on the proposed amendments to the regulation concerning the procedures for adopting general regulatory acts.  The regulation is considered a fundamental step for the full implementation of the principles of better regulation, and a periodic review (every three years) is envisaged to optimize over time the ability to achieve goals.
The document also includes the results of the regulatory impact assessment, i.e., an assessment of the effectiveness of the changes introduced by the regulation and the effects produced by its entry into force.
The consultation's deadline is set for the 22nd of September, 2021.

The AGCOM, with resolution no. 211/21/CONS, defined the substantive and procedural criteria on the regulatory impact assessment concerning the regulatory activities of its competence.
The authority specifies as, for the RIA to assist the decision-making process, it is appropriate to balance the accuracy of the technical investigation, on the one hand, and the flexibility of the evaluation process, on the other. 
Moreover, the document is inspired by a pragmatic approach that makes it possible to adapt the evaluation contents and the phases in which the process is articulated.
The guidelines recall the provision on the RIA considered by the AGCOM (par. 2), and then clarifies the identification of the spheres of intervention and the categories of acts to which the RIA is applied (par. 3). Following that, it describes the specific contents of the analysis and the methodological aspects (par. 4) and defines the procedural aspects for the first steps of the RIA and its integration within the authority's proceedings (par. 5).
Finally, the AGCOM presents some reflections on the necessary ex-post monitoring activities connected to the RIA (par. 6).








Luca Megale
is a PhD Student at LUMSA University of Rome 

and tutor of the European Master in Law and Economics - EMLE (Rome term).