We receive and gladly publish the note from Network of technical professions regarding the Lombardy Region tender to support the energy efficiency of companies’ buildings and/or production plants.
“The Lombardy Region intervenes in the tender to support the energy efficiency of buildings and/or production plants of companies, in the part in which it reserves the energy diagnosis exclusively to a Technician defined, as in paragraph 4, as a natural person who is an Expert energy management (EGE). A call that effectively excludes professionals registered in the professional registers of the respective orders and colleges identified by law for the preparation of energy diagnoses of buildings and systems. A choice that seems to go against principle 97 of the Constitution, of good performance and impartiality of the Public Administration. In fact, in exercising its institutional functions, the PA must choose according to non-discriminatory criteria of logic, reasonableness and proportionality with respect to the service which is the subject of the competition. Among other things, there are no needs of a general nature, relating to safety, public safety or interests in defense of consumer rights, which could justify the restriction of the competitive market of regulated professions. Therefore, the choice of the Lombardy Region would create illegitimate discrimination between professionals carrying out already existing or overlapping activities in the legal system with equal knowledge and professional skills, causing serious damage to the internal market of professional services, as well as to consumer rights, such as to prevent, restrict or distort competition within the internal market for services. We therefore believe it is fair, albeit in the exercise of the power of self-protection with which the Public Administration is endowed, to request the cancellation and/or modification or rectification, subject to suspension and release in terms, of the notice”.