UPDATE FOR SUPERVISORS – LAWYER. ROLANDO DUBINI

These days there's a lot of talk about circulars, deadlines, sanctions.

The lawyer Dubini has clarified the merits with clear, precise and exhaustive arguments, which dispel any possible doubts and, thanks to him, we make it available to readers.

“The obligation to update the supervisors every two years has been in force since 21 December 2021, but failure to comply can only be sanctioned from 21.12.2023, because the Constitution prohibits the retroactivity of criminal laws.

Art. 37 Legislative Decree no. 81/2008
7-ter. To ensure the adequacy and specificity of the training as well as the periodic updating of those in charge pursuant to paragraph 7, the relevant training activities must be carried out entirely in person and must be repeated at least every two years and in any case whenever necessary due to the evolution of risks or the emergence of new risks.

WHERE IS IT WRITTEN THAT THE UPDATE OF THE OFFICERS IS SUBORDINATED TO THE NEW STATE-REGIONS AGREEMENT?
THE 2011 AGREEMENT APPLIES, BUT EVERY TWO YEARS.

The Provisions on the Law in General in the introduction to the Civil Code provide that the subsequent law repeals the previous one, therefore the five-yearly periodicity envisaged for the updating of the supervisors by the 2011 state-regions agreement is replaced by right by the new two-yearly periodicity envisaged by the article 37 paragraph ter of Legislative Decree no. 81/2008 (introduced by law 215/2021) which repeals the previous five-year periodicity

Art. 15 Repeal of laws
Laws are only repealed by subsequent laws by express declaration of the legislator, either due to incompatibility between the new provisions and the previous ones or because the new law regulates the entire matter already regulated by the previous law."