Fines from Italy to San Marino, Foreign Secretariat: “Direct notification of citizens to violating agreements between the two states”
The question has been at the center of controversy and requests for clarification for some time: more and more Italian municipalities are trying to collect the fines imposed on residents of San Marino by sending the sanction directly to citizens.
A procedure disputed by many, including the San Marino Consumers Union, which requested clarification directly from the Secretariat of State for Foreign Affairs.
And the secretary Luca Beccari replied in the days confirming that “the notification of an administrative sanction raised by the competent Italian Authority must be notified – in accordance with Articles 28, 36 and 37 of the Convention of Friendship and Good Neighborhood between Italy and San Marinostipulated in Rome on March 31, 1939 – to the corresponding competent San Marino body to raise the sanction “.
Then notify the report directly at the residence or through the domicile the ordinary mail service, even if performed through credit recovery agencies, “appears in violation of the aforementioned conventional articles and therefore subject to appeal, in the appropriate fora, for lack of notification “, the Secretariat writes, adding that it has asked the State Attorney’s Office for an opinion.
Secretary Beccari then explained that San Marino has “for some time delivered through its diplomatic representations to the competent Italian Ministry a Draft agreement to simplifyto improve and improve the procedures for the mutual collection of sanctions “, that” the procedure for the collection of fines between Italy and San Marino based on the agreements of the Friendship and Neighborhood Convention of 1939 it is currently unsatisfactory and has several critical points “.
This project follows the model adopted by the European Union and is based on principles of reciprocity and compensationand “appears absolutely suitable – writes the Secretariat – to establish and guarantee a more effective system for the collection of fines between Italy and San Marino”.
Finally, Beccari confirms “the strong interest and consequent activity of this Secretariat of State and the Foreign Affairs Department a define, in the shortest terms, a procedure that can heal existing problems; in this regard, I represent that technical negotiations are still ongoing with the competent Italian counterpart, at a political and diplomatic level, aimed at resolving the delicate problem “.
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