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SUBNATIONAL




 DOING BUSINESS
       IN ITALY 2013


        Smarter Regulations for
          Small and Medium-Size
                       Enterprises



         COMPARING BUSINESS REGULATIONS FOR DOMESTIC FIRMS
             IN 13 CITIES AND 7 PORTS WITH 185 ECONOMIES
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SUBNATIONAL




                                         ITALY


           Smarter Regulations for
             Small and Medium-Size
                          Enterprises




  COMPARING BUSINESS REGULATIONS FOR DOMESTIC FIRMS IN 13 CITIES
                AND 7 PORTS WITH 185 ECONOMIES


    A COPUBLICATION OF THE WORLD BANK AND THE INTERNATIONAL FINANCE CORPORATION
ii   DOING BUSINESS IN ITALY 2013




                                    THE DOING BUSINESS WEBSITE
                                    Doing Business in Italy 2013 report        Download reports
                                    http://www.doingbusiness.org/italy         Access to Doing Business reports as well as
                                    Current features                           subnational and regional reports, reform case
                                    News on the Doing Business project         studies and customized economy and regional
                                    http://www.doingbusiness.org               profiles
                                                                               http://www.doingbusiness.org/Reports
                                    Doing Business reforms
                                    Short reform summaries                     Subnational and regional projects
                                    http://www.doingbusiness.org/Reforms       Differences in business regulations at the
                                                                               subnational and regional level
                                    Methodology and research                   http://www.doingbusiness.org/Subnational-
                                    The methodology and research papers        Reports
                                    underlying Doing Business
                                    http://www.doingbusiness.org/Methodology   Law library
                                    http://www.doingbusiness.org/Research      Online collection of laws and regulations
                                                                               relating to business and gender issues
                                                                               http://www.doingbusiness.org/Law-library
                                                                               http://wbl.worldbank.org
                                                                               Business Planet
                                                                               Interactive map on the ease of doing business
                                                                               http://rru.worldbank.org/businessplanet
Contents

Doing Business in Italy 2013 is a new subna-       more than 50 economies benchmarked                 Executive summary                1
tional report of the Doing Business series. It     in other subnational Doing Business stud-
                                                                                                      About Doing Business and
measures business regulations and their en-        ies. All data and reports are available at
                                                                                                      Doing Business in Italy 2013    8
forcement across 4 indicators in 13 Italian cit-   www.doingbusiness.org/subnational.
ies: Bari (Apulia), Bologna (Emilia-Romagna),                                                         Starting a business             19
Cagliari (Sardinia), Campobasso (Molise),          Doing Business investigates the regulations
                                                   that enhance business activity and those that      Dealing with
Catanzaro (Calabria), L’Aquila (Abruzzo),
                                                   constrain it. Regulations affecting 5 stages       construction permits           26
Milan (Lombardy), Naples (Campania),
Padua (Veneto), Palermo (Sicily), Potenza          of the life of a business are measured at the      Registering property            32
(Basilicata), Rome (Latium), and Turin             subnational level in Italy: starting a business,
                                                   dealing with construction permits, registering     Enforcing contracts            36
(Piedmont) and the indicator trading across
borders in 7 ports: Cagliari (Sardinia),           property, trading across borders and enforc-       Trading across borders         42
Catania (Sicily), Genoa (Liguria), Gioia Tauro     ing contracts. These indicators were selected
(Calabria), Naples (Campania), Taranto             because they cover areas of local jurisdiction
(Apulia), Trieste (Friuli-Venezia Giulia). The     or practice. The indicators are used to ana-
                                                                                                      Data notes                     48
cities were selected by the Department for         lyze economic outcomes and identify what
Planning and Coordination of Economic              reforms have worked, where and why. The            City tables                    58
Policy (DIPE) of the Presidency of the Council     data in Doing Business in Italy 2013 are current
                                                                                                      Indicator tables                61
of Ministers of the Italian Republic. The cities   as of June 1st, 2012.
can be compared against each other, and                                                               List of procedures:
with 185 economies worldwide.                      This project is the result of collaboration of     starting a business            64
                                                   the Government of the Italian Republic’s
                                                   Department for Planning and Coordination
                                                                                                      List of procedures:
Comparisons with other economies are
                                                   of Economic Policy of the Presidency of the        dealing with
based on the indicators in Doing Business 2013:
Smarter Regulations for Small and Medium-Size      Council of Ministers (DIPE) with the Global        construction permits            71
Enterprises, the tenth in a series of annual       Indicators and Analysis Department of the          List of procedures:
reports published by the World Bank and            World Bank Group.                                  registering property            91
the International Finance Corporation. The
indicators in Doing Business in Italy 2013 are                                                        Indicator details—
also comparable with over 350 cities from                                                             enforcing contracts            98
                                                                                                      Indicator details—
                                                                                                      trading across borders         99


                                                                                                      Acknowledgments                100
1




Executive summary

In the 1950s and 60s, Italy successfully       Since 2011, Italy’s government has taken
made the transition from a rural economy       far-reaching measures to restore confi-
with a large agricultural sector, to one       dence, stabilize the fiscal situation and
where industry and manufacturing are           remedy structural weaknesses. Under the
the engines of growth.1 However, over          auspices of the “Europe 2020 Strategy
the past two decades, Italy’s growth rate      for Intelligent, Sustainable and Inclusive
lagged behind other EU countries, such as      Growth,” Italy’s “Stability Program” and
Germany and France. The current global         “National Reform Program” focus on fis-
crisis originated abroad, but longstanding     cal consolidation, on the one hand, and
structural weaknesses have exacerbated         promoting growth, on the other.6 The
its effects inside Italy and triggered the     fiscal consolidation measures include
worst recession in decades. Since 2008,        adjusting taxation to increase taxes on
Italy’s economy has shrunk by more than        consumption and property while reduc-
5%. Today, unemployment is at 10.7%            ing taxes on business activity and work.
and youth unemployment has hit a record        The debt reduction strategy is to rein in
34.5%.2 And despite the government’s           spending in the medium term.
prudent fiscal policy, Italy’s public debt-
to-GDP ratio is among the highest of the       However, the heart of Italy’s problem was
OECD high-income economies, while              and is how to get back to more buoyant
its private debt levels remain relatively      economic growth. At a time of crisis, this
moderate.3 The International Monetary          growth cannot come from an unsustain-
Fund (IMF) expects the Italian economy         able expansion of public spending and
to contract by another 2.3% in 2012 and        there is also recognition of the limits of
by 0.7% in 2013—with growth returning,         prolonged austerity. There is, in fact,
albeit only moderately, in 2014.4              greater acceptance among policymakers
                                               and the business community that growth
Italy’s ranking on the World Economic          has to come from boosting total-factor
Forum (WEF)’s “competitiveness index”          productivity. This means increasing
is 21st out of the 27 EU member states.5       efficiency, productivity and competitive-
Italy’s main strengths are well-developed      ness by allowing more competition in the
enterprise clusters, a broad presence in       product and services markets, encourag-
the value chain, corporate activity spread     ing small and medium-size firms to invest
among many firms and high firm-level             more on innovation, further liberalizing
innovation. However, the WEF report            the economy, reforming the labor market
recognizes that Italy’s potential is not       and creating a flexible and simple fiscal
fully realized due to weak competition,        system that is transparent and efficient in
burdensome government regulations and          its administration.
red-tape. Without reforms to address
these structural gaps and obstacles to         Four national action plans—“Save Italy”
competitiveness, Italy’s growth is likely to   (Salva Italia7), “Grow Italy” (Cresci
remain sluggish over the medium term.          Italia8), “Simplify Italy” (Semplifica
                                               Italia9) and the “Cohesion Action Plan”
                                               (Piano di Azione Coesione10)—started to
2   DOING BUSINESS IN ITALY 2013




    tackle structural weaknesses, cut red tape,   electronic submission of applications for        FIGURE 1.1 Comparing the regions of the
    improve the business environment and          business start-up and construction proj-                    center-north to the south with
                                                                                                              respect to population, number of
    unlock competitiveness.                       ects. Furthermore, a single interface for                   active firms and contribution to
                                                  customs services was created, making it                     gross national income
    The “Save Italy” decree, adopted at the       easier for businesses to manage customs
    end of 2011, aimed to ensure financial sta-                                                           %
                                                  documents.12 A new tax framework for                  80
    bility, growth and social justice. Among      businesses13 reduces the tax burden on
    other things, it introduced regulations to                                                          70
                                                  capital investments to encourage eco-
    free up the establishment and opening                                                               60
                                                  nomic growth. The decrees also allow for
    hours of commercial businesses and            substitutive powers that come into effect             50
    reduce restrictions on business activities.   in the event of non-action by an adminis-             40
    The powers of Italy’s Antitrust Authority     tration (silence-is-consent rules).                   30
    were strengthened, extending the range
                                                                                                        20
    of administrative acts it can scrutinize.     Finally, the “Cohesion Action Plan” is
                                                                                                        10
    A “companies’ court” (Tribunale delle         expected to lead to a more efficient ab-
                                                                                                          0
    Imprese) was set up with the aim of re-       sorption and management of EU funds, in                      Share of      Share of       Share of
    ducing the long delays for commercial         particular in the south of Italy. Specifically,              total GNI       active          total
                                                                                                                            enterprises    population
    dispute resolution. In addition, new          the plan aims to set the stage to resume
                                                                                                                       Center-North
    bankruptcy procedures were put in place,      public investment in infrastructure and                              South
    similar to Chapter 11 in the United States,   improve the quality of services and edu-
                                                                                                   Source: Atlante delle Competitività, Unioncamere Nazionale
    to protect entrepreneurs under strain and     cation in the south. Any strategy to over-       and Istituto Guglielmo Tagliacarne, 2010.
    facilitate the continuation of their busi-    come economic lags and deep-rooted
    ness activities.                              weaknesses that have accumulated over
                                                  the years must pay particular attention to       depending on where they establish their
    The “Grow Italy” and “Simplify Italy”         the untapped growth potential of Italy’s         businesses. This study benchmarks 13
    decrees aimed to encourage private            south (known as the Mezzogiorno). While          cities and 7 ports on 5 Doing Business
    entrepreneurship; facilitate access to        Italy’s center-north is characterized by         topics. The summary results for starting
    markets; create an environment more           well-developed industrial, service and in-       a business, dealing with construction
    conducive to domestic and foreign invest-     frastructure networks, the south is marred       permits, registering property and enforc-
    ment; promote innovation, efficiency and      by a partial and outdated infrastructure         ing contracts across the 13 cities are pre-
    transparency in Public Administration;        network and an old and inefficient indus-        sented in table 1.1. The results for trading
    and accelerate the adoption of informa-       trial system. The south has traditionally        across borders in the 7 ports measured
    tion and communication technologies.          contributed less to the national economy,        are presented in table 1.2.
    Specific measures under the “Grow              as evidenced by a number of indicators.14
    Italy” and “Simplify Italy” decrees include                                                    Some observations should be made.
                                                  GDP per capita in the north, for example,
    abolishing minimum fees for professional                                                       First, no city does equally well in all areas.
                                                  is €29,527—almost twice as high as in
    services and encouraging an increase                                                           In fact, each Italian city ranks in the top
                                                  the south (€17,417).15 The Mezzogiorno
    in the number of notaries and pharma-                                                          third on at least 1 indicator18 and in the
                                                  has 35% of the population, 33% of ac-
    cies operating in the country. A detailed                                                      bottom third on at least 1 other indica-
                                                  tive firms and generates 24% of total
    package of measures was introduced                                                             tor. Bologna, for example, ranks first on
                                                  gross national income (GNI). Meanwhile,
    to reduce the administrative burden on                                                         dealing with construction permits and
                                                  the center-north is home to 65% of the
    citizens and businesses—including the                                                          registering property but lags behind
                                                  population, 67% of firms and generates
    speedier issuance of vital records—across                                                      other cities on enforcing contracts. In
                                                  and 76% of GNI (figure 1.1).16
    Italy. The establishment of start-ups that                                                     Turin, enforcing contracts is easier than
    incorporate as “simplified limited liability                                                    elsewhere, but starting a business and
                                                  WHAT DOES DOING BUSINESS                         registering property are ranked below
    companies” is being encouraged, includ-
                                                  IN ITALY 2013 MEASURE?                           most other cities. Catanzaro is on top of
    ing a €1 minimum capital requirement
                                                  Doing Business tracks business regula-           the ranking for starting a business, but
    for people under age 35. One-stop shops
                                                  tions that affect small and medium-size          performs poorly when it comes to dealing
    for “productive activities” (SUAP)11 across
                                                  domestic limited liability companies.17          with construction permits. These results
    the country make it easier for entrepre-
                                                  Rome represents Italy in the annual Doing        can guide policy makers to areas where
    neurs to interact with their respective
                                                  Business publication, which compares 185         improvements are possible without major
    municipalities. For instance, these one-
                                                  economies worldwide. But entrepreneurs           legislative changes. Cities can share ex-
    stop shops are increasingly enabling the
                                                  in Italy face different local practices          periences and learn from each other.
EXECUTIVE SUMMARY         3




 TABLE 1.1 Doing Business in Italy 2013—where is it easier?                                       TABLE 1.2 Ease of trading across borders
                                                         Ease of                                                                    Transshipment and
                                        Ease of        dealing with     Ease of      Ease of           Gateway ports                   regional ports
                                       starting a      construction   registering   enforcing
 City                                   business         permits       property     contracts
                                                                                                 Rank City                    Rank City

 Bari, Apulia                              6                9              7           13          1     Genoa,                 1      Catania,
                                                                                                         Liguria                       Sicily
 Bologna, Emilia-Romagna                   4                1              1           11
                                                                                                   2     Trieste, Friuli        2      Taranto,
 Cagliari, Sardinia                       11                2              6            5                Venezia Giulia                Apulia
 Campobasso, Molise                       13                8              3            5          3     Naples,                3      Gioia Tauro,
                                                                                                         Campania                      Calabria
 Catanzaro, Calabria                       1               10              5            7
                                                                                                                                4      Cagliari,
 L’Aquila, Abruzzo                         9                3              9            8                                              Sardinia
 Milan, Lombardy                           8                3              7           10         Source: Doing Business database
 Naples, Campania                         12               11              3            2
 Padua, Veneto                             2                5             12           12
                                                                                                 outperforms the average EU economy
 Palermo, Sicily                           5               12              2            9
                                                                                                 on 1—registering property—where it is
 Potenza, Basilicata                       3               13             11            3
                                                                                                 considered a good-practice economy
 Rome, Latium                              7                6             13            4
                                                                                                 worldwide (figure 1.2). Registering
 Turin, Piedmont                          10                7              9            1
                                                                                                 property takes only 3 procedures, 24
 Source: Doing Business database
                                                                                                 days and costs 4.5% of property value.
                                                                                                 Meanwhile, in the average EU economy, it
Second, for dealing with construction               insurance—and finance. Second are             takes 5 procedures, 28 days and 4.6% of
permits, there is a negative and sig-               the transshipment and regional ports,        property value.
nificant correlation with regional GDP.19            which mainly focus on transshipment
Wealthier cities tend to have a more                activities—whereby       containers    are   The good news is that the regulatory
efficient construction permitting process.          shipped and reloaded onto a different        environment for entrepreneurs in Italy
With regards to the other indicators, the           vessel at a hub port—and on regional         is improving—and the pace of change is
correlation between income levels and               trade. Regional ports play a key role in     picking up. Relative rankings only tell part
rankings is not significant.20                       supplying area markets and connecting        of the story. While the ease of doing busi-
                                                    local entrepreneurs to national markets.     ness compares economies with one an-
Third, population size is not significantly          For regional ports, the share of imported    other, the distance to the frontier measure
correlated with rankings across the vari-           and exported containers compared to          benchmarks economies to the frontier in
ous indicators. In some cases, smaller cit-         the total number of containers handled       regulatory practice, measuring the abso-
ies perform better than their larger neigh-         is significantly lower than in gateway        lute distance to the best performance on
bors. For example, it is easiest to start a         ports. Among the gateway ports, Genoa        each indicator. When compared across
business in Catanzaro and more difficult            tops the ranking, thanks to the relatively   years, the distance to frontier measure
in Naples. Such results could be partially          fast port and terminal handling time for     shows how much the regulatory environ-
attributed to smaller application volumes           exports. Among the transshipment and         ment has changed since 2005 in absolute
in Catanzaro, compared to its larger, more          regional ports, Catania is more efficient,   terms. The results also show that Italy is
populous neighbor. On the other hand,               mainly thanks to rapid port and terminal     closing the gap to the economies with
large cities benefit from economies of               handling operations for imported goods       the most efficient practices on several
scale and they may have more resources              (table 1.2).                                 indicators. The largest strides took place
at their disposal to invest in administra-                                                       in starting a business, paying taxes and
tive modernization than their smaller                                                            enforcing contracts (figure 1.3).
                                                    ITALY’S PERFORMANCE AND
neighbors.
                                                    IMPROVEMENTS AS MEASURED
                                                                                                 Since 2005 Italy has implemented a
With regards to trading across borders,             BY DOING BUSINESS
                                                                                                 total of 14 institutional or regulatory
the 7 ports covered in this analysis fall           Italy, represented by Rome, ranks 73 out     reforms in all areas measured by Doing
into 2 distinct categories. First are the           of 185 economies on the ease of doing        Business—except dealing with construc-
gateway ports, which typically handle               business, according to Doing Business        tion permits and trading across borders.
large cargo volumes and service long in-            2013: Smarter Regulations for Small and      Five years ago, the authorities started
ternational supply chains. Gateway ports            Medium-Size Enterprises—behind many          to simplify business start up through a
also provide trade-related services—such            EU economies, which together average         single online filing system—which was
as distribution centers, warehouses and             a ranking of 40 globally. Out of the 5       improved further in subsequent years,
                                                    indicators covered in this report, Italy
4   DOING BUSINESS IN ITALY 2013




    FIGURE 1.2 Italy’s performance according to Doing Business 2013: Smarter Regulations for Small and Medium-Size Enterprises
                                        NEW         HONG KONG                                                          NEW          UNITED ARAB
         EASIEST (1)   SINGAPORE      ZEALAND       SAR, CHINA        ICELAND         GEORGIA        MALAYSIA        ZEALAND         EMIRATES        SINGAPORE      LUXEMBURG          JAPAN


               EU                                                                                                                                                                       31
                          40                                                            39                                                              36
          average                                                                                                       49                                              47
                                                                                                        54                              62
                                        74              69              74                                                                              55
              Italy                                                                     62                              68
                          73                                                                                                                                                            72
                                        84
                                                       103             107                             104

                                                                                                                                       131
               MOST
     DIFFICULT (185)                                                                                                                                                  160
                      Ease of    Starting a       Dealing with       Getting       Registering       Getting        Protecting        Paying         Trading        Enforcing        Resolving
                  doing business business         construction      electricity     property          credit        investors          taxes      across borders    contracts       insolvency
                                                    permits

    Note: Italy and other economies are represented by their largest business city and their rankings are based on Doing Business 2013: Smarter Regulations for Small and Medium-Size Enterprises.
    Source: Doing Business database.



    reducing requirements, time and cost.                            with fast and efficient response times.                          Registering Property
    Effective 2008, the corporate income tax                         Compared globally, it would rank 79 out                          The requirements to initiate the prop-
    rate was reduced from 33% to 27.5% and                           of 185 economies on the ease of starting                         erty transfer are identical throughout the
    the social security tax rate also dropped.                       a business as measured by Doing Business.                        country. These include obtaining an en-
    Enforcing a contract became faster, after                                                                                         ergy certificate for the building (ACE), as
    the civil procedure code was streamlined,                        Dealing with
                                                                                                                                      well as using a notary to execute the deed
    timeframes shortened and hearings                                construction permits
                                                                                                                                      of sale. The registration process itself
    condensed.                                                       It is easier to comply with the formali-                         varies depending on the city. In Bologna,
                                                                     ties to build a warehouse and connect                            Palermo, Milan, Naples, Rome and Turin,
    COMPARING REGULATIONS                                            it to utilities in Bologna and Cagliari and                      1 single electronic transmission registers
    IN 13 CITIES AND 7 PORTS                                         more difficult in Potenza and Palermo.                           the building simultaneously with the Tax
                                                                     The number of requirements to build                              Agency (Agenzia delle Entrate) and the
    Starting a business
                                                                     a warehouse and hook it up to utilities                          Land Agency (Agenzia del Territorio).  In
    Since 2010, businesses across Italy must
                                                                     varies. In Cagliari, where the one-stop                          all other cities, the notary must first
    register through the single online filing
                                                                     shop for “productive activities” issues                          complete the online registration with the
    system known as ComUnica,21 managed
                                                                     the construction permit together with                            Tax Agency and then visit the property
    by the chambers of commerce. Thanks
                                                                     the preliminary clearances from the fire                          registry at the Land Agency to submit
    to ComUnica, starting a business now
                                                                     department, the health agency and oth-                           paper copies of the deed of sales (atto
    requires just 6 procedures in all cities but
                                                                     ers, it takes 11 steps. In Naples, where 3                       di vendita) and transfer note (nota di
    1.22 In Milan, Padua or Rome, an entrepre-
                                                                     different organizations are involved in                          trascrizione).
    neur can complete start-up requirements
                                                                     the water and sewerage connections, it
    in just 6 days, while in Naples it takes
                                                                     takes 15 steps. It takes about 5 months                          Thanks to the advanced digitization of
    16 days. The time differences are due to
                                                                     to complete the process in Milan, but                            Italy’s professional services and public
    how fast the agencies linked by ComUnica
                                                                     more than 10 months in Catanzaro and                             agencies, registering property is also fast.
    respond. For example, in Milan, Padua,
                                                                     Palermo. The main delay is obtaining the                         Through the online platform Notartel,
    Rome or Bologna, the company registrar
                                                                     building permit (permesso di costruzione)                        notaries can access the land registry, ca-
    of the chamber of commerce processes
                                                                     from the municipality. In Catanzaro and                          dastre and company registrar databases
    applications in 1 day, while in Naples or
                                                                     Palermo, this step alone requires more                           online and carry out the necessary due
    L’Aquila it takes 5 days, on average. The
                                                                     than 6 months. The same process takes                            diligence in a matter of minutes before
    cost varies from 12.2% of income per
                                                                     half that time in Naples, Campobasso,                            they draft, execute and register the deed
    capita in Bari to 16.8% in Milan. In ad-
                                                                     and Potenza—and only 30 days in Milan.                           of sale. As a result, in Bologna, Naples,
    dition to start-up costs, limited liability
                                                                     There are also large variations in costs                         and Palermo, registering property takes
    companies must deposit the equivalent
                                                                     across cities. These stem mainly from                            just 13 days—faster than in Japan. On
    of 9.7% of income per capita as paid-in
                                                                     local building permit fees (contributo di                        the other hand, registering property is
    minimum capital.24 Catanzaro, the top
                                                                     costruzione), which constitute 87% of the                        expensive. Over 92% of the overall cost
    ranked city in starting a business within
                                                                     total cost.                                                      is composed of fees and duties set at
    Italy, combines low professional fees
                                                                                                                                      the national level—most important of
EXECUTIVE SUMMARY       5




which are the registration tax (3% of          FIGURE 1.3 Reforms improved various                          days (as in Bologna, Naples and Palermo)
property value) and the cadastral tax (1%                 regulatory processes since 2005                   and the cost to 4.3% of property value
of property value). The remaining 8%            Distance to frontier                                        (as in Catanzaro) would allow “Italiana”
                                                (percentage points)
are professional service fees—including                                                                     to rank 26 globally—near Finland and
                                                100
notary charges and the fees for the energy                                       Starting a business        ahead of Austria and the Netherlands. If
certificate, ACE.                                                                                            the municipality of “Italiana” improved
                                                 80                                                         the efficiency of Cagliari’s one stop shop
Enforcing Contracts                                                                                         for “productive activities”, allowed for a
Enforcing a contract takes the same num-                                                                    fast-tracked substitute for the building
ber of steps in the 13 courts measured,          60                                     Paying taxes
                                                                                                            permit as in Milan and lowered its fees as
but there are time and cost variations.                                                                     in Naples, it would take 11 steps over 151
Enforcing contracts is less difficult in                                                                    days and cost 45.1% to obtain a construc-
Turin, where it takes 855 days and costs         40                              Enforcing contracts        tion permit. That would imply a jump of
22.3% of the claim value. It is most dif-         30
                                                                                                            70 positions in the global rank, moving
ficult in Bari, where it takes more than                                                                     Italy from 103 (as represented by Rome)
                                                   0
twice as long (2,022 days) and costs                   2005 2006 2007 2008 2009 2010 2011 2012              to 33 (as represented by “Italiana”), same
34.1% of the claim value. While the high                                                                    as Luxembourg and ahead of Finland and
                                               Note: The distance to frontier measure shows how far on
number of cases can explain long waits         average Italy is from the best performance achieved by any   Spain. In contract enforcement, Turin has
                                               economy on any Doing Business indicator since 2005. The
to some extent, variations among cities        measure is normalized to range between 0 and 100, with
                                                                                                            successfully reduced pending cases and
also show that courts can use tools to         100 representing the best performance (the frontier).        sped up civil proceedings by establishing
speed things up. Effective tools include       Source: Doing Business database.                             clear guidelines on case management
case management systems, information                                                                        and tracking judges’ performance. Other
technology and specializing judges by                                                                       cities should follow suit. However, the
                                               LEARNING FROM EACH OTHER
subject matter. The national government                                                                     adoption of Turin’s practices would still
                                               As this study shows, local requirements
and local courts have launched a number                                                                     leave “Italiana” lagging behind other
                                               or practices drive notable differences in
of initiatives to speed up civil proceedings                                                                economies in contract enforcement. The
                                               procedures, time and cost across cities.
in recent years.                                                                                            same is true for the starting a business
                                               On all indicators, there are good practices
                                                                                                            indicator. Looking beyond Italy’s borders
Trading across Borders                         to be found in Italian cities and regions.
                                                                                                            to regional and even global good practices
Among the gateway ports, Genoa is the          Reform-minded local governments can
                                                                                                            is another tool to identify more efficient
top performer. Through its port, a con-        use Doing Business indicators to motivate
                                                                                                            practices. That could allow Italian au-
tainer can be exported in 18 days at a cost    and sustain reform efforts. There is no
                                                                                                            thorities to formulate policies aimed at
of $940. Importing a container through         need to reinvent the wheel: it is sufficient
                                                                                                            making additional improvements in these
the port of Genoa takes 17 days and costs      to start by introducing improvements al-
                                                                                                            indicators for cities across Italy.
$935. Among the transshipment and re-          ready successfully implemented in other
gional ports, Catania is the most efficient:   cities (table 1.3). Peer-to-peer learning                    Benchmarking exercises like Doing
it takes 19 days and $1,020 to export a        events can facilitate knowledge shar-                        Business motivate governments to
container while importing a container          ing and provide opportunities for local                      improve business regulation. They
takes 16 days and costs $1,040. On aver-       authorities to bring their concerns to the                   uncover bottlenecks and identify where
age, Italian entrepreneurs need to submit      attention of the national government and                     policymakers can look for good practices.
4 documents, spend 19 days and pay             to push the reform agenda for the country                    Comparisons between cities in the same
$1,006 to export a standardized container      as a whole.                                                  country can be even stronger drivers of
of cargo. To import, Italian entrepreneurs                                                                  reform because it is more difficult for
                                               A hypothetical city (“Italiana”) adopting
need, on average, to submit 4 documents,                                                                    local governments to justify why doing
                                               existing good practices on starting a busi-
wait 17 days and spend $1,131. Italy fares                                                                  business in their city or region is more
                                               ness, dealing with construction permits,
well compared to the EU average on the                                                                      burdensome than in neighboring cities.
                                               registering property, and enforcing con-
number of documents required to trade                                                                       Sharing a national legal framework fa-
                                               tracts, would rank 56 on the global Doing
but it performs worse on costs and time.                                                                    cilitates the implementation of good local
                                               Business ranking. That is 17 positions
On average, in the EU it takes 5 docu-                                                                      practices. National governments can also
                                               ahead of Italy’s current ranking accord-
ments, 11 days and $1,072 to import and 4                                                                   use Doing Business data to monitor how
                                               ing to Doing Business 2013. In registering
documents, 11 days and $1,004 to export.                                                                    efficiently local branches of agencies
                                               property, reducing the requirements to 3
                                                                                                            implement national regulation.
                                               procedures (as in Bologna, Milan, Naples,
                                               Palermo, Rome and Turin), the time to 13
6   DOING BUSINESS IN ITALY 2013




     TABLE 1.3 Good practices in Italian cities compared internationally                                              from a reform champion—whether the
                                                                               Italian best     Italy’s performance   president, minister or mayor—is central
     Doing                                                                 practices compared    in Doing Business    to success. Moreover, consistent reform-
     Business                                                                internationally            2013*
     indicator       Best practices within Italy                              (global rank)         (global rank)     ers are inclusive—involving all relevant
     Starting a      Number of procedures          6 procedures (Bari,                                                stakeholders, including the private sector,
     business        to start a business           Bologna, Cagliari,                                                 and institutionalizing the reform effort.
                                                   Catanzaro, L’Aquila,
                                                   Milan, Naples, Padua,
                                                   Palermo, Potenza,                                                  Payoffs from business reforms can be
                                                   Rome, Turin)                                                       large. Saving time and money are often the
                     Days to start a               6 days (Milan, Padua,          78                    84
                                                                                                                      immediate benefits for firms. In Mexico,
                     business                      Rome)
                                                                                                                      local one-stop shops cut the time to start
                     Cost to start a               12.2% of income per
                     business                      capita (Bari)                                                      a business from 58 to 13 days, on average.
                     Minimum capital               9.7% of income per                                                 A recent study reports the payoffs: the
                     requirement                   capita (all cities)                                                number of new firm registrations rose by
     Dealing with    Number of procedures          11 procedures                                                      5%, employment increased by 2.2%, and
     construction    to comply with                (Cagliari, Rome)
     permits         formalities to build a                                                                           prices fell by nearly 1% because of the
                     warehouse                                                                                        competition from new entrants.26 In India,
                     Days to comply with           151 days (Milan)                                                   the progressive elimination of the License
                                                                                  33                  103
                     formalities to build a
                     warehouse                                                                                        Raj—a system of central controls on entry
                     Cost to comply with           45.1% of income per                                                and production—led to a 6% increase in
                     formalities to build a        capita (Naples)                                                    new firm registrations. In addition, highly
                     warehouse
                                                                                                                      productive firms entering the market in
     Registering     Number of procedures          3 procedures
     property        to register property          (Bologna, Milan,                                                   India experienced larger increases in real
                                                   Naples, Palermo,                                                   output than less productive ones.27
                                                   Rome, Turin)
                                                                                  26                    39
                     Days to register              13 days (Bologna,                                                  Maintaining the momentum for reform
                     property                      Naples, Palermo)
                                                                                                                      will be important to help Italy address
                     Cost to register              4.3% of property
                     property                      value (Catanzaro)                                                  its stagnant productivity and entrenched
     Enforcing       Number of procedures          41 procedures (all                                                 structural weaknesses. Removing need-
     contracts       to enforce a contract         cities)                                                            lessly bureaucratic regulations and red
                     Days to enforce a             855 days (Turin)
                                                                                 123                  160             tape reduces the cost for Italian firms
                     contract
                                                                                                                      to do business and thus enhances their
                     Cost to enforce a             20.5% of claim value                                               competitiveness abroad. Improvements
                     contract                      (Potenza)
                                                                                                                      in the regulatory framework—as captured
     Ease of doing business (Hypothetical city of “Italiana”)                     56                    73
     *Represented by Rome.
                                                                                                                      by the Doing Business indicators—can be
     Source: Doing Business database                                                                                  a powerful tool to enhance efficiency,
                                                                                                                      boost productivity and help establish a
                                                                                                                      more solid foundation to restore eco-
    Consistent reformers have a long-term                         the United Kingdom, a program running               nomic growth. The economies that have
    agenda and continuously push forward.                         from 2005 to 2010 reduced the burden                managed to increase their footprint in the
    They stay focused by setting specific                          of regulatory compliance by a quarter,              global marketplace are also countries that
    goals and regularly monitor progress. The                     saving firms £3.5 billion ($5.53 billion).24         have made sustained efforts to create
    top-ranked economy globally on the ease                       New initiatives are under way.25                    an environment that is more conducive
    of doing business, Singapore, introduces                                                                          for private sector development. More ef-
    business reforms every year. Other poli-                      Cumulative business reforms across a
                                                                                                                      ficient and transparent rules have been an
    cymakers—such as the Dutch Advisory                           range of topics produce the best results.
                                                                                                                      integral part of these efforts.
    Board on Administrative Burden and the                        Cooperation across different govern-
    UK Better Regulation Executive—rou-                           ment agencies, at both local and national
    tinely assess existing regulation and                         levels, is necessary for wide-ranging
    manage the flow of new regulation. In                          reforms. Political will and vision coming
EXECUTIVE SUMMARY       7




                                                 12. To be completed by July 2014.                     government introduced a new type of
NOTES
                                                 13. The new tax framework is called                   limited liability company with a symbolic
1. In 1861 nearly two-thirds of the                                                                    minimum capital requirement of €1, the
                                                    “Aid for Economic Growth” (ACE).
   total labor force worked in agriculture,                                                            società responsabilità limitata semplificata
   while the remaining workers were              14. Cities of the center-north: Rome,
                                                                                                       (SRLS). The implementing regulations
   equally distributed between industry             Bologna, Milan, Padua and Turin.
                                                                                                       concerning the SRLS were not issued
   and services. Although until World               Cities in the south: Bari, Cagliari,
                                                                                                       as of June 2012. In the meantime, the
   War I the exodus from agriculture was            Catanzaro, Campobasso, L’Aquila,
                                                                                                       authorities were discussing the possibil-
   limited, the 1930s and World War II              Naples, Palermo and Potenza.
                                                                                                       ity of creating yet another legal form.
   years witnessed a significant shift of the     15. Social Cohesion Database, http://dati
                                                                                                    24. For more information, please visit:
   labor force towards the non-farm sectors,        .coesione-sociale.it/?lang=en
                                                                                                       http://www.bis.gov.uk.
   and by 1951 agriculture’s share stood at      16. “Atlante delle Competitività,”
   43 percent. Finally, by 1973 the services                                                        25. Other initiatives include: 1) Scrutinizing
                                                    Unioncamere Nazionale and Istituto
   sector had become dominant (at 46                                                                   the entire stock of inherited regulations.
                                                    Guglielmo Tagliacarne. 2010.
   percent), and it has continued to increase                                                          The UK has more than 21,000 regula-
                                                 17. In addition to limited liability companies,       tions and statutory instruments on the
   in importance since then. Broadberry,            there are several other forms of incorpo-
   Steven, Claire Giordano and Francesco                                                               books, spanning virtually the entire
                                                    ration in Italy. Sole proprietors are also an      spectrum of economic activity and
   Zollino, 12–15 October 2011. “A Sectoral         important part of the business landscape.
   Analysis of Italy’s Development, 1861-                                                              imposing a huge cost on business. 2) The
                                                 18. Except Bari.                                      “one in, one out” system which requires
   2011.” Economic History Working Papers
   (Quaderni di Storia Economica) 20, Bank of    19. Given the limited number of observa-              government departments to assess the
   Italy, Rome.                                     tions, cross-section size correlations             net cost to business of complying with
                                                    are computed using Spearman and                    any new regulation that is proposed (an
2. “IMF (International Monetary Fund).
                                                    Kendall nonparametric rank correlation             “in”). These calculations are validated
   Italy: Selected Issues. IMF Country Report
                                                    coefficients. Kendall and Spearman                 by the independent Regulatory Policy
   No. 12/167. July 2012.
                                                    non-parametric correlation coefficients            Committee. If a new regulation means a
3. OECD (Organisation for Economic                                                                     cost to business, a deregulatory measure
                                                    between the time, procedures, rank
   Co-operation and Development). OECD              to deal with construction permits and              (an “out”) must be found that reduces
   Economic Surveys: Italy. May 2011. Paris:        regional income per capita is negative             the net cost by at least the same amount.
   OECD.                                            and significant at the 5% level.                    3) Review and sunset clauses for new
4. IMF. World Economic Outlook. October                                                                regulations. This means that policy
                                                 20. There are no significant correlations for
   2012.                                            sub-indicators or rankings for register-           makers must review the relevance of
5. World Economic Forum. The Europe 2020            ing property, enforcing contracts and              new regulations after a maximum of 7
   Competitiveness Report: Building a More          starting a business, except for time to            years and justify their continuation rather
   Competitive Europe. 2012. Geneva: World          start a business. For starting a busi-             than simply leaving them on the statute
   Economic Forum.                                  ness, there is a positive and significant           books. Source: World Bank. 2011. Doing
6. “National Reform Programme.” Section             correlation between the time to start a            Business 2012: Doing Business in a More
   III, 2012 Economic and Financial Document.       business and income levels. Lower times            Transparent World. Washington, DC:
   18 April 2012. Available at http://              to start a business are associated with            The World Bank Group.
   ec.europa.eu/europe2020/pdf/nd/                  higher income per capita. The analysis is       26. Bruhn, Miriam. 2008. “License to Sell:
   nrp2012_italy_it.pdf.                            complete using Kendall and Spearman                The Effect of Business Registration
7. Decreto Legge No. 201 of 4 December              non-parametric correlation coefficients.           Reform on Entrepreneurial Activity in
   2011, converted into Law No. 214/2012.        21. Short for Comunicazione Unica.                    Mexico.” Policy Research Working Paper
                                                                                                       4538. Washington, D.C.: World Bank.
8. Decreto Legge No. 1 of 24 January 2012        22. Campobasso is the only city where
   and converted into Law No.27/2012.               the entrepreneur must still personally          27. Aghion, Philippe, Robin Burgess, Stephen
                                                    submit a paper copy of the Segnalazione            J. Redding and Fabrizio Zilibotti. 2008.
9. Decreto Legge No. 5 of 9 February 2012,
                                                    Certificata di Inizio Attività to the               “The Unequal Effects of Liberalization:
   converted into Law No. 35/2012
                                                    municipal one-stop shop for “productive            Evidence from Dismantling the License
10. The “Cohesion Action Plan” was                                                                     Raj in India.” American Economic Review
                                                    activities” (SUAP).
   developed jointly with the European                                                                 98 (4): 1397–412.
   Commission following the Area meeting         23. Doing Business considers the most com-
   on October 26, 2011.                             mon type of limited liability company,
                                                    which is the società a responsabilità
11. Sportello Unico della Attivita Produttiva,
                                                    limitata (SRL). In January 2012, the
   SUAP.
8




    About Doing Business and
    Doing Business in Italy 2013

    The private sector provides an estimated     of their life cycle. The results for each
    90% of jobs in developing economies.1        economy can be compared with those for
    Where government policies support a          184 other economies and over time.
    dynamic business environment—with
    firms making investments, creating jobs       Over the years the choice of indicators for
    and increasing productivity—all people       Doing Business has been guided by a rich
    have greater opportunities. A growing        pool of data collected through the World
    body of evidence suggests that policy        Bank Enterprise Surveys. These data
    makers seeking to strengthen the private     highlight the main obstacles to business
    sector need to pay attention not only to     activity as reported by entrepreneurs in
    macroeconomic factors but also to the        well over 100 economies. Among the
    quality of laws, regulations and insti-      factors that the surveys have identified as
    tutional arrangements that shape daily       important to businesses have been taxes
    economic life.2                              (tax administration as well as tax rates)
                                                 and electricity—inspiring the design of
    This year the tenth global Doing Business    the paying taxes and getting electricity
    report was published. When the first          indicators. In addition, the design of the
    report was produced, in 2003, there          Doing Business indicators has drawn
    were few globally available and regularly    on theoretical insights gleaned from
    updated indicators for monitoring such       extensive research literature.3 The Doing
    microeconomic issues as business             Business methodology makes it possible
    regulations affecting local firms. Earlier    to update the indicators in a relatively
    efforts from the 1980s drew on percep-       inexpensive and replicable way.
    tions data, but these expert or business
    surveys focused on broad aspects of the      The Doing Business methodology is also
    business environment and often captured      responsive to the needs of policy makers.
    the experiences of businesses. These sur-    Rules and regulations are under the direct
    veys also lacked the specificity and cross-   control of policy makers—and policy
    country comparability that Doing Business    makers intending to change the experi-
    provides—by focusing on well-defined          ence and behavior of businesses will
    transactions, laws and institutions rather   often start by changing rules and regula-
    than generic, perceptions-based ques-        tions that affect them. Doing Business
    tions on the business environment.           goes beyond identifying that a problem
                                                 exists and points to specific regulations
    Doing Business seeks to measure business     or regulatory procedures that may lend
    regulations for domestic firms through an     themselves to regulatory reform. And
    objective lens. The project looks primar-    its quantitative measures of business
    ily at small and medium-size companies       regulation enable research on how spe-
    in the largest business city. Based on       cific regulations affect firm behavior and
    standardized case studies, it presents       economic outcomes.
    quantitative indicators on the regulations
    that apply to firms at different stages       The first Doing Business report covered
                                                 5 topics and 133 economies. Doing
ABOUT DOING BUSINESS             9




Business in 2013 covers 11 topics and 185     sample size of experts in order to improve     FIGURE 2.1 What are SMART business
economies. Ten topics are included in the     accuracy. The local expert respondents                    regulations as defined
                                                                                                        by Doing Business?
aggregate ranking on the ease of doing        play a vital role in corroborating the Doing
business, and 9 in the distance to frontier   Business team’s understanding and inter-
                                                                                                           STREAMLINED—regulations
measure.4 The project has benefited from       pretation of rules and laws.                                 that accomplish the desired
feedback from governments, academics,                                                                      outcome in the most efficient way
practitioners and reviewers.5 The initial     Data of the second type serve as inputs             S
goal remains: to provide an objective         into indicators on the complexity and
                                                                                                           MEANINGFUL—regulations
basis for understanding and improving         cost of regulatory processes. These indi-                    that have a measurable positive
the regulatory environment for business.      cators measure the efficiency in achiev-                     impact in facilitating
                                              ing a regulatory goal, such as the number          M         interactions in the marketplace
                                              of procedures to obtain a building permit
WHAT DOING BUSINESS IN
                                              or the time taken to grant legal identity                    ADAPTABLE—regulations
ITALY 2013 COVERS
                                              to a business. In this group of indicators                   that adapt to changes in the
The foundation of Doing Business is the                                                                    environment
notion that economic activity, particu-
                                              cost estimates are recorded from official
                                              fee schedules where applicable. Time
                                                                                                  A
larly private sector development, benefits
                                              estimates often involve an element of                        RELEVANT—regulations that are
from clear and coherent rules: Rules that
                                              judgment by respondents who routinely                        proportionate to the problem they
set out and clarify property rights and                                                                    are designed to solve
                                              administer the relevant regulations or
facilitate the resolution of disputes. And
                                              undertake the relevant transactions.
                                                                                                  R
rules that enhance the predictability of
                                              These experts have several rounds of
economic interactions and provide con-                                                                     TRANSPARENT—regulations
                                              interaction with the Doing Business team,                    that are clear and accessible to
tractual partners with essential protec-                                                                   anyone who needs to use them
                                              involving conference calls, written cor-
tions against arbitrariness and abuse.
                                              respondence and visits by the team until             T
Where such rules are reasonably efficient
                                              there is convergence on the final answer.
in design, are transparent and accessible
                                              To construct the time indicators, a regula-    Note: Developed by Doing Business, this definition of SMART
to those for whom they are intended
                                              tory process such as starting a business       business regulations guides its measurement of regulations.
and can be implemented at a reason-
                                              is broken down into clearly defined steps
able cost, they are much more effective
in shaping the incentives of economic
                                              and procedures (for more details, see          WHAT DOING BUSINESS IN
agents in ways that promote growth and
                                              the discussion on methodology in this          ITALY 2013 DOES NOT COVER
                                              chapter). Here Doing Business builds on
development. The quality of the rules also                                                   The Doing Business data have key limita-
                                              Hernando de Soto’s pioneering work in
has a crucial bearing on how societies                                                       tions that should be kept in mind by those
                                              applying the time-and-motion approach
distribute the benefits and bear the costs                                                    who use them.
                                              in the 1980s to show the obstacles to set-
of development strategies and policies.
                                              ting up a garment factory on the outskirts     Limited in scope
Doing Business is about smart business
                                              of Lima.6                                      The Doing Business indicators are limited
regulations, not necessarily fewer regula-
tions (figure 2.1).                                                                           in scope. In particular:
                                              Doing Business in Italy 2013 is a subna-
                                              tional Doing Business report (box 2.1)           Doing Business in Italy 2013 does not
In constructing the indicators the Doing
                                              and as such captures several important           measure all 11 indicators covered in the
Business project uses 2 types of data.
                                              dimensions of the regulatory environ-            global Doing Business report. The report
The first come from readings of laws and
                                              ment as they apply to local firms in 13           covers only those 5 areas of business
regulations in each economy. The Doing
                                              cities and 7 ports in Italy. It provides         regulation that are either the prov-
Business team, in collaboration with local
                                              quantitative measures of regulations for         enance of the local governments or
expert respondents, reads the civil law to
                                              5 indicators: starting a business, dealing       where local differences exist—starting
find the number of procedures necessary
                                              with construction permits, registering           a business, dealing with construction
to resolve a commercial sale dispute
                                              property, trading across borders, and            permits, registering property, trading
before local courts. And it plumbs other
                                              enforcing contracts (table 2.1.).                across borders and enforcing contracts
legal instruments for other key pieces
of data used in the indicators, several                                                        (table 2.1).
of which have a large legal dimension.                                                         Doing Business in Italy 2013 does notmea-
Indeed, about three-quarters of the data                                                       sure the full range of factors, policies and
used in Doing Business are of this factual                                                     institutions that affect the quality of the
type, reducing the need to have a larger                                                       business environment in an economy or
10   DOING BUSINESS IN ITALY 2013




                                                                                                              Limited to standardized
        BOX 2.1 COMPARING REGULATIONS AT THE LOCAL LEVEL: SUBNATIONAL DOING                                   case scenarios
                BUSINESS REPORTS
           Subnational Doing Business reports expand the indicators beyond the largest busi-
                                                                                                              A key consideration for the Doing Business
        ness city in an economy. They capture local differences in regulations or in the imple-               indicators is that they should ensure
        mentation of national regulations across cities within an economy (as in Colombia)                    comparability of the data across a global
        or region (as in South East Europe). Projects are undertaken at the request of central                set of economies. The indicators are
        governments, which often contribute financing, as in Mexico. In some cases local gov-                  therefore developed around standardized
        ernments also provide funding, as in the Russian Federation.
                                                                                                              case scenarios with specific assumptions.
           Subnational indicators provide governments with standard measures, based on laws
                                                                                                              Doing Business recognizes the limitations
        and regulations, that allow objective comparisons both domestically and internation-
        ally. As a diagnostic tool, they identify bottlenecks as well as highlight good practices             of the standardized case scenarios and
        that are easily replicable in other cities sharing a similar legal framework.                         assumptions. But while such assump-
            Governments take ownership of a subnational project by participating in all steps of              tions come at the expense of generality,
        its design and implementation—choosing the cities to be benchmarked, the indicators                   they also help ensure the comparability
        that can capture local differences and the frequency of benchmarking. All levels of                   of data. For this reason it is common to
        government are involved—national, regional and municipal.
                                                                                                              see limiting assumptions of this kind in
           Subnational projects create a space for discussing regulatory reform and provide
                                                                                                              economic indicators. Inflation statistics,
        opportunities for governments and agencies to learn from one another, through the
        report and through peer-to-peer learning workshops. Even after the report is launched,                for example, are often based on prices of
        knowledge sharing continues. In Mexico 28 of 32 states hold regular exchanges.                        a set of consumer goods in a few urban
           Repeated benchmarking creates healthy competition between cities to improve                        areas, since collecting nationally repre-
        their regulatory environment. The dissemination of the results reinforces this process                sentative price data at high frequencies
        and gives cities an opportunity to tell their stories. Fifteen economies have requested               may be prohibitively costly in many
        2 or more rounds of benchmarking since 2005 (including Colombia, Indonesia and
                                                                                                              countries.
        Nigeria), and many have expanded the geographic coverage to more cities (including
        Russia). In Mexico each successive round has captured an increase in the number of
        states improving their regulatory environment in each of the 4 indicator sets includ-                 Some Doing Business topics include com-
        ed—reaching 100% of states in 2011.                                                                   plex and highly differentiated areas. Here
           Since 2005 subnational reports have covered 335 cities in 54 economies, includ-                    the standardized cases and assumptions
        ing Brazil, China, the Arab Republic of Egypt, India, Kenya, Morocco, Pakistan and the                are carefully considered and defined. For
        Philippines.1                                                                                         example, the standardized case scenario
          This year studies were updated in Indonesia, Kenya, Mexico, Russia and the United                   usually involves a limited liability company
        Arab Emirates. Studies are ongoing in 23 cities and 4 ports in Colombia and 15 cities                 or its legal equivalent. The considerations
        and 3 ports in Egypt. In addition, 3 regional reports were published:
                                                                                                              in defining this assumption are twofold.
           Doing Business in OHADA, comparing business regulations in the 16 member states
                                                                                                              First, private limited liability companies
           of the Organization for the Harmonization of Business Law in Africa (Benin, Burkina
           Faso, Cameroon, the Central African Republic, Chad, the Comoros, the Republic of                   are, empirically, the most prevalent busi-
           Congo, Côte d’Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Niger,                ness form in many economies around
           Senegal and Togo).                                                                                 the world. Second, this choice reflects
           Doing Business in the East African Community, covering 5 economies (Burundi, Kenya,                the focus of Doing Business on expanding
           Rwanda, Tanzania and Uganda).                                                                      opportunities for entrepreneurship: inves-
           Doing Business in the Arab World, covering 20 economies (Algeria, Bahrain, the                     tors are encouraged to venture into busi-
           Comoros, Djibouti, Egypt, Iraq, Jordan, Kuwait, Lebanon, Mauritania, Morocco,
                                                                                                              ness when potential losses are limited to
           Oman, Qatar, Saudi Arabia, Sudan, the Syrian Arab Republic, Tunisia, the United
           Arab Emirates, West Bank and Gaza, and the Republic of Yemen).                                     their capital participation.

        1. Subnational reports are available on the Doing Business website at http://www.doingbusiness.org/   The Doing Business indicators assume
           subnational.
                                                                                                              that entrepreneurs have knowledge of
                                                                                                              and comply with applicable regulations.
       its national competitiveness. It does not,          Even within the relatively small set of            In practice, entrepreneurs may not know
       for example, capture aspects of security,           indicators included in Doing Business, the         what needs to be done or how to comply
       the prevalence of bribery and corruption,           focus is deliberately narrow. For example,         and may lose considerable time in trying
       market size, macroeconomic stabil-                  the indicator on starting a business does          to find out. Or they may deliberately avoid
       ity (including whether the government               not cover all aspects of commercial                compliance altogether—by not register-
       manages its public finances in a sus-                legislation.                                       ing for social security, for example. Where
       tainable way), the state of the financial                                                               regulation is particularly onerous, levels of
       system or the level of training and skills                                                             informality tend to be higher (figure 2.2).
       of the labor force.
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Doingbusinessitalia2013 121119033209-phpapp02

  • 1. SUBNATIONAL DOING BUSINESS IN ITALY 2013 Smarter Regulations for Small and Medium-Size Enterprises COMPARING BUSINESS REGULATIONS FOR DOMESTIC FIRMS IN 13 CITIES AND 7 PORTS WITH 185 ECONOMIES
  • 2. © 2013 International Bank for Reconstruction and Development / The World Bank 1818 H Street NW Washington, DC 20433 Telephone: 202-473-1000 Internet: www.worldbank.org Some rights reserved. 1 2 3 4 15 14 13 12 A copublication of The World Bank and the International Finance Corporation. This work is a product of the staff of The World Bank with external contributions. Note that The World Bank does not necessarily own each component of the content included in the work. The World Bank therefore does not warrant that the use of the content contained in the work will not infringe on the rights of third parties. The risk of claims resulting from such infringement rests solely with you. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. Nothing herein shall constitute or be considered to be a limitation upon or waiver of the privileges and immunities of The World Bank, all of which are specifically reserved. Rights and Permissions This work is available under the Creative Commons Attribution 3.0 Unported license (CC BY 3.0) http://creativecommons.org/licenses/by/3.0. Under the Creative Commons Attribution license, you are free to copy, distribute, transmit, and adapt this work, including for commercial purposes, under the following conditions: Attribution—Please cite the work as follows: World Bank. 2013. Doing Business in Italy 2013: Smarter Regulations for Small and Medium-Size Enterprises. Washington, DC: World Bank Group. License: Creative Commons Attribution CC BY 3.0 Translations—If you create a translation of this work, please add the following disclaimer along with the attribution: This translation was not created by The World Bank and should not be considered an official World Bank translation. The World Bank shall not be liable for any content or error in this translation. All queries on rights and licenses should be addressed to the Office of the Publisher, The World Bank, 1818 H Street NW, Washington, DC 20433, USA; fax: 202-522-2625; e-mail: pubrights@worldbank.org. Design and Layout: Corporate Visions, Inc.
  • 3.
  • 4. SUBNATIONAL ITALY Smarter Regulations for Small and Medium-Size Enterprises COMPARING BUSINESS REGULATIONS FOR DOMESTIC FIRMS IN 13 CITIES AND 7 PORTS WITH 185 ECONOMIES A COPUBLICATION OF THE WORLD BANK AND THE INTERNATIONAL FINANCE CORPORATION
  • 5. ii DOING BUSINESS IN ITALY 2013 THE DOING BUSINESS WEBSITE Doing Business in Italy 2013 report Download reports http://www.doingbusiness.org/italy Access to Doing Business reports as well as Current features subnational and regional reports, reform case News on the Doing Business project studies and customized economy and regional http://www.doingbusiness.org profiles http://www.doingbusiness.org/Reports Doing Business reforms Short reform summaries Subnational and regional projects http://www.doingbusiness.org/Reforms Differences in business regulations at the subnational and regional level Methodology and research http://www.doingbusiness.org/Subnational- The methodology and research papers Reports underlying Doing Business http://www.doingbusiness.org/Methodology Law library http://www.doingbusiness.org/Research Online collection of laws and regulations relating to business and gender issues http://www.doingbusiness.org/Law-library http://wbl.worldbank.org Business Planet Interactive map on the ease of doing business http://rru.worldbank.org/businessplanet
  • 6. Contents Doing Business in Italy 2013 is a new subna- more than 50 economies benchmarked Executive summary 1 tional report of the Doing Business series. It in other subnational Doing Business stud- About Doing Business and measures business regulations and their en- ies. All data and reports are available at Doing Business in Italy 2013 8 forcement across 4 indicators in 13 Italian cit- www.doingbusiness.org/subnational. ies: Bari (Apulia), Bologna (Emilia-Romagna), Starting a business 19 Cagliari (Sardinia), Campobasso (Molise), Doing Business investigates the regulations that enhance business activity and those that Dealing with Catanzaro (Calabria), L’Aquila (Abruzzo), constrain it. Regulations affecting 5 stages construction permits 26 Milan (Lombardy), Naples (Campania), Padua (Veneto), Palermo (Sicily), Potenza of the life of a business are measured at the Registering property 32 (Basilicata), Rome (Latium), and Turin subnational level in Italy: starting a business, dealing with construction permits, registering Enforcing contracts 36 (Piedmont) and the indicator trading across borders in 7 ports: Cagliari (Sardinia), property, trading across borders and enforc- Trading across borders 42 Catania (Sicily), Genoa (Liguria), Gioia Tauro ing contracts. These indicators were selected (Calabria), Naples (Campania), Taranto because they cover areas of local jurisdiction (Apulia), Trieste (Friuli-Venezia Giulia). The or practice. The indicators are used to ana- Data notes 48 cities were selected by the Department for lyze economic outcomes and identify what Planning and Coordination of Economic reforms have worked, where and why. The City tables 58 Policy (DIPE) of the Presidency of the Council data in Doing Business in Italy 2013 are current Indicator tables 61 of Ministers of the Italian Republic. The cities as of June 1st, 2012. can be compared against each other, and List of procedures: with 185 economies worldwide. This project is the result of collaboration of starting a business 64 the Government of the Italian Republic’s Department for Planning and Coordination List of procedures: Comparisons with other economies are of Economic Policy of the Presidency of the dealing with based on the indicators in Doing Business 2013: Smarter Regulations for Small and Medium-Size Council of Ministers (DIPE) with the Global construction permits 71 Enterprises, the tenth in a series of annual Indicators and Analysis Department of the List of procedures: reports published by the World Bank and World Bank Group. registering property 91 the International Finance Corporation. The indicators in Doing Business in Italy 2013 are Indicator details— also comparable with over 350 cities from enforcing contracts 98 Indicator details— trading across borders 99 Acknowledgments 100
  • 7.
  • 8. 1 Executive summary In the 1950s and 60s, Italy successfully Since 2011, Italy’s government has taken made the transition from a rural economy far-reaching measures to restore confi- with a large agricultural sector, to one dence, stabilize the fiscal situation and where industry and manufacturing are remedy structural weaknesses. Under the the engines of growth.1 However, over auspices of the “Europe 2020 Strategy the past two decades, Italy’s growth rate for Intelligent, Sustainable and Inclusive lagged behind other EU countries, such as Growth,” Italy’s “Stability Program” and Germany and France. The current global “National Reform Program” focus on fis- crisis originated abroad, but longstanding cal consolidation, on the one hand, and structural weaknesses have exacerbated promoting growth, on the other.6 The its effects inside Italy and triggered the fiscal consolidation measures include worst recession in decades. Since 2008, adjusting taxation to increase taxes on Italy’s economy has shrunk by more than consumption and property while reduc- 5%. Today, unemployment is at 10.7% ing taxes on business activity and work. and youth unemployment has hit a record The debt reduction strategy is to rein in 34.5%.2 And despite the government’s spending in the medium term. prudent fiscal policy, Italy’s public debt- to-GDP ratio is among the highest of the However, the heart of Italy’s problem was OECD high-income economies, while and is how to get back to more buoyant its private debt levels remain relatively economic growth. At a time of crisis, this moderate.3 The International Monetary growth cannot come from an unsustain- Fund (IMF) expects the Italian economy able expansion of public spending and to contract by another 2.3% in 2012 and there is also recognition of the limits of by 0.7% in 2013—with growth returning, prolonged austerity. There is, in fact, albeit only moderately, in 2014.4 greater acceptance among policymakers and the business community that growth Italy’s ranking on the World Economic has to come from boosting total-factor Forum (WEF)’s “competitiveness index” productivity. This means increasing is 21st out of the 27 EU member states.5 efficiency, productivity and competitive- Italy’s main strengths are well-developed ness by allowing more competition in the enterprise clusters, a broad presence in product and services markets, encourag- the value chain, corporate activity spread ing small and medium-size firms to invest among many firms and high firm-level more on innovation, further liberalizing innovation. However, the WEF report the economy, reforming the labor market recognizes that Italy’s potential is not and creating a flexible and simple fiscal fully realized due to weak competition, system that is transparent and efficient in burdensome government regulations and its administration. red-tape. Without reforms to address these structural gaps and obstacles to Four national action plans—“Save Italy” competitiveness, Italy’s growth is likely to (Salva Italia7), “Grow Italy” (Cresci remain sluggish over the medium term. Italia8), “Simplify Italy” (Semplifica Italia9) and the “Cohesion Action Plan” (Piano di Azione Coesione10)—started to
  • 9. 2 DOING BUSINESS IN ITALY 2013 tackle structural weaknesses, cut red tape, electronic submission of applications for FIGURE 1.1 Comparing the regions of the improve the business environment and business start-up and construction proj- center-north to the south with respect to population, number of unlock competitiveness. ects. Furthermore, a single interface for active firms and contribution to customs services was created, making it gross national income The “Save Italy” decree, adopted at the easier for businesses to manage customs end of 2011, aimed to ensure financial sta- % documents.12 A new tax framework for 80 bility, growth and social justice. Among businesses13 reduces the tax burden on other things, it introduced regulations to 70 capital investments to encourage eco- free up the establishment and opening 60 nomic growth. The decrees also allow for hours of commercial businesses and substitutive powers that come into effect 50 reduce restrictions on business activities. in the event of non-action by an adminis- 40 The powers of Italy’s Antitrust Authority tration (silence-is-consent rules). 30 were strengthened, extending the range 20 of administrative acts it can scrutinize. Finally, the “Cohesion Action Plan” is 10 A “companies’ court” (Tribunale delle expected to lead to a more efficient ab- 0 Imprese) was set up with the aim of re- sorption and management of EU funds, in Share of Share of Share of ducing the long delays for commercial particular in the south of Italy. Specifically, total GNI active total enterprises population dispute resolution. In addition, new the plan aims to set the stage to resume Center-North bankruptcy procedures were put in place, public investment in infrastructure and South similar to Chapter 11 in the United States, improve the quality of services and edu- Source: Atlante delle Competitività, Unioncamere Nazionale to protect entrepreneurs under strain and cation in the south. Any strategy to over- and Istituto Guglielmo Tagliacarne, 2010. facilitate the continuation of their busi- come economic lags and deep-rooted ness activities. weaknesses that have accumulated over the years must pay particular attention to depending on where they establish their The “Grow Italy” and “Simplify Italy” the untapped growth potential of Italy’s businesses. This study benchmarks 13 decrees aimed to encourage private south (known as the Mezzogiorno). While cities and 7 ports on 5 Doing Business entrepreneurship; facilitate access to Italy’s center-north is characterized by topics. The summary results for starting markets; create an environment more well-developed industrial, service and in- a business, dealing with construction conducive to domestic and foreign invest- frastructure networks, the south is marred permits, registering property and enforc- ment; promote innovation, efficiency and by a partial and outdated infrastructure ing contracts across the 13 cities are pre- transparency in Public Administration; network and an old and inefficient indus- sented in table 1.1. The results for trading and accelerate the adoption of informa- trial system. The south has traditionally across borders in the 7 ports measured tion and communication technologies. contributed less to the national economy, are presented in table 1.2. Specific measures under the “Grow as evidenced by a number of indicators.14 Italy” and “Simplify Italy” decrees include Some observations should be made. GDP per capita in the north, for example, abolishing minimum fees for professional First, no city does equally well in all areas. is €29,527—almost twice as high as in services and encouraging an increase In fact, each Italian city ranks in the top the south (€17,417).15 The Mezzogiorno in the number of notaries and pharma- third on at least 1 indicator18 and in the has 35% of the population, 33% of ac- cies operating in the country. A detailed bottom third on at least 1 other indica- tive firms and generates 24% of total package of measures was introduced tor. Bologna, for example, ranks first on gross national income (GNI). Meanwhile, to reduce the administrative burden on dealing with construction permits and the center-north is home to 65% of the citizens and businesses—including the registering property but lags behind population, 67% of firms and generates speedier issuance of vital records—across other cities on enforcing contracts. In and 76% of GNI (figure 1.1).16 Italy. The establishment of start-ups that Turin, enforcing contracts is easier than incorporate as “simplified limited liability elsewhere, but starting a business and WHAT DOES DOING BUSINESS registering property are ranked below companies” is being encouraged, includ- IN ITALY 2013 MEASURE? most other cities. Catanzaro is on top of ing a €1 minimum capital requirement Doing Business tracks business regula- the ranking for starting a business, but for people under age 35. One-stop shops tions that affect small and medium-size performs poorly when it comes to dealing for “productive activities” (SUAP)11 across domestic limited liability companies.17 with construction permits. These results the country make it easier for entrepre- Rome represents Italy in the annual Doing can guide policy makers to areas where neurs to interact with their respective Business publication, which compares 185 improvements are possible without major municipalities. For instance, these one- economies worldwide. But entrepreneurs legislative changes. Cities can share ex- stop shops are increasingly enabling the in Italy face different local practices periences and learn from each other.
  • 10. EXECUTIVE SUMMARY 3 TABLE 1.1 Doing Business in Italy 2013—where is it easier? TABLE 1.2 Ease of trading across borders Ease of Transshipment and Ease of dealing with Ease of Ease of Gateway ports regional ports starting a construction registering enforcing City business permits property contracts Rank City Rank City Bari, Apulia 6 9 7 13 1 Genoa, 1 Catania, Liguria Sicily Bologna, Emilia-Romagna 4 1 1 11 2 Trieste, Friuli 2 Taranto, Cagliari, Sardinia 11 2 6 5 Venezia Giulia Apulia Campobasso, Molise 13 8 3 5 3 Naples, 3 Gioia Tauro, Campania Calabria Catanzaro, Calabria 1 10 5 7 4 Cagliari, L’Aquila, Abruzzo 9 3 9 8 Sardinia Milan, Lombardy 8 3 7 10 Source: Doing Business database Naples, Campania 12 11 3 2 Padua, Veneto 2 5 12 12 outperforms the average EU economy Palermo, Sicily 5 12 2 9 on 1—registering property—where it is Potenza, Basilicata 3 13 11 3 considered a good-practice economy Rome, Latium 7 6 13 4 worldwide (figure 1.2). Registering Turin, Piedmont 10 7 9 1 property takes only 3 procedures, 24 Source: Doing Business database days and costs 4.5% of property value. Meanwhile, in the average EU economy, it Second, for dealing with construction insurance—and finance. Second are takes 5 procedures, 28 days and 4.6% of permits, there is a negative and sig- the transshipment and regional ports, property value. nificant correlation with regional GDP.19 which mainly focus on transshipment Wealthier cities tend to have a more activities—whereby containers are The good news is that the regulatory efficient construction permitting process. shipped and reloaded onto a different environment for entrepreneurs in Italy With regards to the other indicators, the vessel at a hub port—and on regional is improving—and the pace of change is correlation between income levels and trade. Regional ports play a key role in picking up. Relative rankings only tell part rankings is not significant.20 supplying area markets and connecting of the story. While the ease of doing busi- local entrepreneurs to national markets. ness compares economies with one an- Third, population size is not significantly For regional ports, the share of imported other, the distance to the frontier measure correlated with rankings across the vari- and exported containers compared to benchmarks economies to the frontier in ous indicators. In some cases, smaller cit- the total number of containers handled regulatory practice, measuring the abso- ies perform better than their larger neigh- is significantly lower than in gateway lute distance to the best performance on bors. For example, it is easiest to start a ports. Among the gateway ports, Genoa each indicator. When compared across business in Catanzaro and more difficult tops the ranking, thanks to the relatively years, the distance to frontier measure in Naples. Such results could be partially fast port and terminal handling time for shows how much the regulatory environ- attributed to smaller application volumes exports. Among the transshipment and ment has changed since 2005 in absolute in Catanzaro, compared to its larger, more regional ports, Catania is more efficient, terms. The results also show that Italy is populous neighbor. On the other hand, mainly thanks to rapid port and terminal closing the gap to the economies with large cities benefit from economies of handling operations for imported goods the most efficient practices on several scale and they may have more resources (table 1.2). indicators. The largest strides took place at their disposal to invest in administra- in starting a business, paying taxes and tive modernization than their smaller enforcing contracts (figure 1.3). ITALY’S PERFORMANCE AND neighbors. IMPROVEMENTS AS MEASURED Since 2005 Italy has implemented a With regards to trading across borders, BY DOING BUSINESS total of 14 institutional or regulatory the 7 ports covered in this analysis fall Italy, represented by Rome, ranks 73 out reforms in all areas measured by Doing into 2 distinct categories. First are the of 185 economies on the ease of doing Business—except dealing with construc- gateway ports, which typically handle business, according to Doing Business tion permits and trading across borders. large cargo volumes and service long in- 2013: Smarter Regulations for Small and Five years ago, the authorities started ternational supply chains. Gateway ports Medium-Size Enterprises—behind many to simplify business start up through a also provide trade-related services—such EU economies, which together average single online filing system—which was as distribution centers, warehouses and a ranking of 40 globally. Out of the 5 improved further in subsequent years, indicators covered in this report, Italy
  • 11. 4 DOING BUSINESS IN ITALY 2013 FIGURE 1.2 Italy’s performance according to Doing Business 2013: Smarter Regulations for Small and Medium-Size Enterprises NEW HONG KONG NEW UNITED ARAB EASIEST (1) SINGAPORE ZEALAND SAR, CHINA ICELAND GEORGIA MALAYSIA ZEALAND EMIRATES SINGAPORE LUXEMBURG JAPAN EU 31 40 39 36 average 49 47 54 62 74 69 74 55 Italy 62 68 73 72 84 103 107 104 131 MOST DIFFICULT (185) 160 Ease of Starting a Dealing with Getting Registering Getting Protecting Paying Trading Enforcing Resolving doing business business construction electricity property credit investors taxes across borders contracts insolvency permits Note: Italy and other economies are represented by their largest business city and their rankings are based on Doing Business 2013: Smarter Regulations for Small and Medium-Size Enterprises. Source: Doing Business database. reducing requirements, time and cost. with fast and efficient response times. Registering Property Effective 2008, the corporate income tax Compared globally, it would rank 79 out The requirements to initiate the prop- rate was reduced from 33% to 27.5% and of 185 economies on the ease of starting erty transfer are identical throughout the the social security tax rate also dropped. a business as measured by Doing Business. country. These include obtaining an en- Enforcing a contract became faster, after ergy certificate for the building (ACE), as the civil procedure code was streamlined, Dealing with well as using a notary to execute the deed timeframes shortened and hearings construction permits of sale. The registration process itself condensed. It is easier to comply with the formali- varies depending on the city. In Bologna, ties to build a warehouse and connect Palermo, Milan, Naples, Rome and Turin, COMPARING REGULATIONS it to utilities in Bologna and Cagliari and 1 single electronic transmission registers IN 13 CITIES AND 7 PORTS more difficult in Potenza and Palermo. the building simultaneously with the Tax The number of requirements to build Agency (Agenzia delle Entrate) and the Starting a business a warehouse and hook it up to utilities Land Agency (Agenzia del Territorio).  In Since 2010, businesses across Italy must varies. In Cagliari, where the one-stop all other cities, the notary must first register through the single online filing shop for “productive activities” issues complete the online registration with the system known as ComUnica,21 managed the construction permit together with Tax Agency and then visit the property by the chambers of commerce. Thanks the preliminary clearances from the fire registry at the Land Agency to submit to ComUnica, starting a business now department, the health agency and oth- paper copies of the deed of sales (atto requires just 6 procedures in all cities but ers, it takes 11 steps. In Naples, where 3 di vendita) and transfer note (nota di 1.22 In Milan, Padua or Rome, an entrepre- different organizations are involved in trascrizione). neur can complete start-up requirements the water and sewerage connections, it in just 6 days, while in Naples it takes takes 15 steps. It takes about 5 months Thanks to the advanced digitization of 16 days. The time differences are due to to complete the process in Milan, but Italy’s professional services and public how fast the agencies linked by ComUnica more than 10 months in Catanzaro and agencies, registering property is also fast. respond. For example, in Milan, Padua, Palermo. The main delay is obtaining the Through the online platform Notartel, Rome or Bologna, the company registrar building permit (permesso di costruzione) notaries can access the land registry, ca- of the chamber of commerce processes from the municipality. In Catanzaro and dastre and company registrar databases applications in 1 day, while in Naples or Palermo, this step alone requires more online and carry out the necessary due L’Aquila it takes 5 days, on average. The than 6 months. The same process takes diligence in a matter of minutes before cost varies from 12.2% of income per half that time in Naples, Campobasso, they draft, execute and register the deed capita in Bari to 16.8% in Milan. In ad- and Potenza—and only 30 days in Milan. of sale. As a result, in Bologna, Naples, dition to start-up costs, limited liability There are also large variations in costs and Palermo, registering property takes companies must deposit the equivalent across cities. These stem mainly from just 13 days—faster than in Japan. On of 9.7% of income per capita as paid-in local building permit fees (contributo di the other hand, registering property is minimum capital.24 Catanzaro, the top costruzione), which constitute 87% of the expensive. Over 92% of the overall cost ranked city in starting a business within total cost. is composed of fees and duties set at Italy, combines low professional fees the national level—most important of
  • 12. EXECUTIVE SUMMARY 5 which are the registration tax (3% of FIGURE 1.3 Reforms improved various days (as in Bologna, Naples and Palermo) property value) and the cadastral tax (1% regulatory processes since 2005 and the cost to 4.3% of property value of property value). The remaining 8% Distance to frontier (as in Catanzaro) would allow “Italiana” (percentage points) are professional service fees—including to rank 26 globally—near Finland and 100 notary charges and the fees for the energy Starting a business ahead of Austria and the Netherlands. If certificate, ACE. the municipality of “Italiana” improved 80 the efficiency of Cagliari’s one stop shop Enforcing Contracts for “productive activities”, allowed for a Enforcing a contract takes the same num- fast-tracked substitute for the building ber of steps in the 13 courts measured, 60 Paying taxes permit as in Milan and lowered its fees as but there are time and cost variations. in Naples, it would take 11 steps over 151 Enforcing contracts is less difficult in days and cost 45.1% to obtain a construc- Turin, where it takes 855 days and costs 40 Enforcing contracts tion permit. That would imply a jump of 22.3% of the claim value. It is most dif- 30 70 positions in the global rank, moving ficult in Bari, where it takes more than Italy from 103 (as represented by Rome) 0 twice as long (2,022 days) and costs 2005 2006 2007 2008 2009 2010 2011 2012 to 33 (as represented by “Italiana”), same 34.1% of the claim value. While the high as Luxembourg and ahead of Finland and Note: The distance to frontier measure shows how far on number of cases can explain long waits average Italy is from the best performance achieved by any Spain. In contract enforcement, Turin has economy on any Doing Business indicator since 2005. The to some extent, variations among cities measure is normalized to range between 0 and 100, with successfully reduced pending cases and also show that courts can use tools to 100 representing the best performance (the frontier). sped up civil proceedings by establishing speed things up. Effective tools include Source: Doing Business database. clear guidelines on case management case management systems, information and tracking judges’ performance. Other technology and specializing judges by cities should follow suit. However, the LEARNING FROM EACH OTHER subject matter. The national government adoption of Turin’s practices would still As this study shows, local requirements and local courts have launched a number leave “Italiana” lagging behind other or practices drive notable differences in of initiatives to speed up civil proceedings economies in contract enforcement. The procedures, time and cost across cities. in recent years. same is true for the starting a business On all indicators, there are good practices indicator. Looking beyond Italy’s borders Trading across Borders to be found in Italian cities and regions. to regional and even global good practices Among the gateway ports, Genoa is the Reform-minded local governments can is another tool to identify more efficient top performer. Through its port, a con- use Doing Business indicators to motivate practices. That could allow Italian au- tainer can be exported in 18 days at a cost and sustain reform efforts. There is no thorities to formulate policies aimed at of $940. Importing a container through need to reinvent the wheel: it is sufficient making additional improvements in these the port of Genoa takes 17 days and costs to start by introducing improvements al- indicators for cities across Italy. $935. Among the transshipment and re- ready successfully implemented in other gional ports, Catania is the most efficient: cities (table 1.3). Peer-to-peer learning Benchmarking exercises like Doing it takes 19 days and $1,020 to export a events can facilitate knowledge shar- Business motivate governments to container while importing a container ing and provide opportunities for local improve business regulation. They takes 16 days and costs $1,040. On aver- authorities to bring their concerns to the uncover bottlenecks and identify where age, Italian entrepreneurs need to submit attention of the national government and policymakers can look for good practices. 4 documents, spend 19 days and pay to push the reform agenda for the country Comparisons between cities in the same $1,006 to export a standardized container as a whole. country can be even stronger drivers of of cargo. To import, Italian entrepreneurs reform because it is more difficult for A hypothetical city (“Italiana”) adopting need, on average, to submit 4 documents, local governments to justify why doing existing good practices on starting a busi- wait 17 days and spend $1,131. Italy fares business in their city or region is more ness, dealing with construction permits, well compared to the EU average on the burdensome than in neighboring cities. registering property, and enforcing con- number of documents required to trade Sharing a national legal framework fa- tracts, would rank 56 on the global Doing but it performs worse on costs and time. cilitates the implementation of good local Business ranking. That is 17 positions On average, in the EU it takes 5 docu- practices. National governments can also ahead of Italy’s current ranking accord- ments, 11 days and $1,072 to import and 4 use Doing Business data to monitor how ing to Doing Business 2013. In registering documents, 11 days and $1,004 to export. efficiently local branches of agencies property, reducing the requirements to 3 implement national regulation. procedures (as in Bologna, Milan, Naples, Palermo, Rome and Turin), the time to 13
  • 13. 6 DOING BUSINESS IN ITALY 2013 TABLE 1.3 Good practices in Italian cities compared internationally from a reform champion—whether the Italian best Italy’s performance president, minister or mayor—is central Doing practices compared in Doing Business to success. Moreover, consistent reform- Business internationally 2013* indicator Best practices within Italy (global rank) (global rank) ers are inclusive—involving all relevant Starting a Number of procedures 6 procedures (Bari, stakeholders, including the private sector, business to start a business Bologna, Cagliari, and institutionalizing the reform effort. Catanzaro, L’Aquila, Milan, Naples, Padua, Palermo, Potenza, Payoffs from business reforms can be Rome, Turin) large. Saving time and money are often the Days to start a 6 days (Milan, Padua, 78 84 immediate benefits for firms. In Mexico, business Rome) local one-stop shops cut the time to start Cost to start a 12.2% of income per business capita (Bari) a business from 58 to 13 days, on average. Minimum capital 9.7% of income per A recent study reports the payoffs: the requirement capita (all cities) number of new firm registrations rose by Dealing with Number of procedures 11 procedures 5%, employment increased by 2.2%, and construction to comply with (Cagliari, Rome) permits formalities to build a prices fell by nearly 1% because of the warehouse competition from new entrants.26 In India, Days to comply with 151 days (Milan) the progressive elimination of the License 33 103 formalities to build a warehouse Raj—a system of central controls on entry Cost to comply with 45.1% of income per and production—led to a 6% increase in formalities to build a capita (Naples) new firm registrations. In addition, highly warehouse productive firms entering the market in Registering Number of procedures 3 procedures property to register property (Bologna, Milan, India experienced larger increases in real Naples, Palermo, output than less productive ones.27 Rome, Turin) 26 39 Days to register 13 days (Bologna, Maintaining the momentum for reform property Naples, Palermo) will be important to help Italy address Cost to register 4.3% of property property value (Catanzaro) its stagnant productivity and entrenched Enforcing Number of procedures 41 procedures (all structural weaknesses. Removing need- contracts to enforce a contract cities) lessly bureaucratic regulations and red Days to enforce a 855 days (Turin) 123 160 tape reduces the cost for Italian firms contract to do business and thus enhances their Cost to enforce a 20.5% of claim value competitiveness abroad. Improvements contract (Potenza) in the regulatory framework—as captured Ease of doing business (Hypothetical city of “Italiana”) 56 73 *Represented by Rome. by the Doing Business indicators—can be Source: Doing Business database a powerful tool to enhance efficiency, boost productivity and help establish a more solid foundation to restore eco- Consistent reformers have a long-term the United Kingdom, a program running nomic growth. The economies that have agenda and continuously push forward. from 2005 to 2010 reduced the burden managed to increase their footprint in the They stay focused by setting specific of regulatory compliance by a quarter, global marketplace are also countries that goals and regularly monitor progress. The saving firms £3.5 billion ($5.53 billion).24 have made sustained efforts to create top-ranked economy globally on the ease New initiatives are under way.25 an environment that is more conducive of doing business, Singapore, introduces for private sector development. More ef- business reforms every year. Other poli- Cumulative business reforms across a ficient and transparent rules have been an cymakers—such as the Dutch Advisory range of topics produce the best results. integral part of these efforts. Board on Administrative Burden and the Cooperation across different govern- UK Better Regulation Executive—rou- ment agencies, at both local and national tinely assess existing regulation and levels, is necessary for wide-ranging manage the flow of new regulation. In reforms. Political will and vision coming
  • 14. EXECUTIVE SUMMARY 7 12. To be completed by July 2014. government introduced a new type of NOTES 13. The new tax framework is called limited liability company with a symbolic 1. In 1861 nearly two-thirds of the minimum capital requirement of €1, the “Aid for Economic Growth” (ACE). total labor force worked in agriculture, società responsabilità limitata semplificata while the remaining workers were 14. Cities of the center-north: Rome, (SRLS). The implementing regulations equally distributed between industry Bologna, Milan, Padua and Turin. concerning the SRLS were not issued and services. Although until World Cities in the south: Bari, Cagliari, as of June 2012. In the meantime, the War I the exodus from agriculture was Catanzaro, Campobasso, L’Aquila, authorities were discussing the possibil- limited, the 1930s and World War II Naples, Palermo and Potenza. ity of creating yet another legal form. years witnessed a significant shift of the 15. Social Cohesion Database, http://dati 24. For more information, please visit: labor force towards the non-farm sectors, .coesione-sociale.it/?lang=en http://www.bis.gov.uk. and by 1951 agriculture’s share stood at 16. “Atlante delle Competitività,” 43 percent. Finally, by 1973 the services 25. Other initiatives include: 1) Scrutinizing Unioncamere Nazionale and Istituto sector had become dominant (at 46 the entire stock of inherited regulations. Guglielmo Tagliacarne. 2010. percent), and it has continued to increase The UK has more than 21,000 regula- 17. In addition to limited liability companies, tions and statutory instruments on the in importance since then. Broadberry, there are several other forms of incorpo- Steven, Claire Giordano and Francesco books, spanning virtually the entire ration in Italy. Sole proprietors are also an spectrum of economic activity and Zollino, 12–15 October 2011. “A Sectoral important part of the business landscape. Analysis of Italy’s Development, 1861- imposing a huge cost on business. 2) The 18. Except Bari. “one in, one out” system which requires 2011.” Economic History Working Papers (Quaderni di Storia Economica) 20, Bank of 19. Given the limited number of observa- government departments to assess the Italy, Rome. tions, cross-section size correlations net cost to business of complying with are computed using Spearman and any new regulation that is proposed (an 2. “IMF (International Monetary Fund). Kendall nonparametric rank correlation “in”). These calculations are validated Italy: Selected Issues. IMF Country Report coefficients. Kendall and Spearman by the independent Regulatory Policy No. 12/167. July 2012. non-parametric correlation coefficients Committee. If a new regulation means a 3. OECD (Organisation for Economic cost to business, a deregulatory measure between the time, procedures, rank Co-operation and Development). OECD to deal with construction permits and (an “out”) must be found that reduces Economic Surveys: Italy. May 2011. Paris: regional income per capita is negative the net cost by at least the same amount. OECD. and significant at the 5% level. 3) Review and sunset clauses for new 4. IMF. World Economic Outlook. October regulations. This means that policy 20. There are no significant correlations for 2012. sub-indicators or rankings for register- makers must review the relevance of 5. World Economic Forum. The Europe 2020 ing property, enforcing contracts and new regulations after a maximum of 7 Competitiveness Report: Building a More starting a business, except for time to years and justify their continuation rather Competitive Europe. 2012. Geneva: World start a business. For starting a busi- than simply leaving them on the statute Economic Forum. ness, there is a positive and significant books. Source: World Bank. 2011. Doing 6. “National Reform Programme.” Section correlation between the time to start a Business 2012: Doing Business in a More III, 2012 Economic and Financial Document. business and income levels. Lower times Transparent World. Washington, DC: 18 April 2012. Available at http:// to start a business are associated with The World Bank Group. ec.europa.eu/europe2020/pdf/nd/ higher income per capita. The analysis is 26. Bruhn, Miriam. 2008. “License to Sell: nrp2012_italy_it.pdf. complete using Kendall and Spearman The Effect of Business Registration 7. Decreto Legge No. 201 of 4 December non-parametric correlation coefficients. Reform on Entrepreneurial Activity in 2011, converted into Law No. 214/2012. 21. Short for Comunicazione Unica. Mexico.” Policy Research Working Paper 4538. Washington, D.C.: World Bank. 8. Decreto Legge No. 1 of 24 January 2012 22. Campobasso is the only city where and converted into Law No.27/2012. the entrepreneur must still personally 27. Aghion, Philippe, Robin Burgess, Stephen submit a paper copy of the Segnalazione J. Redding and Fabrizio Zilibotti. 2008. 9. Decreto Legge No. 5 of 9 February 2012, Certificata di Inizio Attività to the “The Unequal Effects of Liberalization: converted into Law No. 35/2012 municipal one-stop shop for “productive Evidence from Dismantling the License 10. The “Cohesion Action Plan” was Raj in India.” American Economic Review activities” (SUAP). developed jointly with the European 98 (4): 1397–412. Commission following the Area meeting 23. Doing Business considers the most com- on October 26, 2011. mon type of limited liability company, which is the società a responsabilità 11. Sportello Unico della Attivita Produttiva, limitata (SRL). In January 2012, the SUAP.
  • 15. 8 About Doing Business and Doing Business in Italy 2013 The private sector provides an estimated of their life cycle. The results for each 90% of jobs in developing economies.1 economy can be compared with those for Where government policies support a 184 other economies and over time. dynamic business environment—with firms making investments, creating jobs Over the years the choice of indicators for and increasing productivity—all people Doing Business has been guided by a rich have greater opportunities. A growing pool of data collected through the World body of evidence suggests that policy Bank Enterprise Surveys. These data makers seeking to strengthen the private highlight the main obstacles to business sector need to pay attention not only to activity as reported by entrepreneurs in macroeconomic factors but also to the well over 100 economies. Among the quality of laws, regulations and insti- factors that the surveys have identified as tutional arrangements that shape daily important to businesses have been taxes economic life.2 (tax administration as well as tax rates) and electricity—inspiring the design of This year the tenth global Doing Business the paying taxes and getting electricity report was published. When the first indicators. In addition, the design of the report was produced, in 2003, there Doing Business indicators has drawn were few globally available and regularly on theoretical insights gleaned from updated indicators for monitoring such extensive research literature.3 The Doing microeconomic issues as business Business methodology makes it possible regulations affecting local firms. Earlier to update the indicators in a relatively efforts from the 1980s drew on percep- inexpensive and replicable way. tions data, but these expert or business surveys focused on broad aspects of the The Doing Business methodology is also business environment and often captured responsive to the needs of policy makers. the experiences of businesses. These sur- Rules and regulations are under the direct veys also lacked the specificity and cross- control of policy makers—and policy country comparability that Doing Business makers intending to change the experi- provides—by focusing on well-defined ence and behavior of businesses will transactions, laws and institutions rather often start by changing rules and regula- than generic, perceptions-based ques- tions that affect them. Doing Business tions on the business environment. goes beyond identifying that a problem exists and points to specific regulations Doing Business seeks to measure business or regulatory procedures that may lend regulations for domestic firms through an themselves to regulatory reform. And objective lens. The project looks primar- its quantitative measures of business ily at small and medium-size companies regulation enable research on how spe- in the largest business city. Based on cific regulations affect firm behavior and standardized case studies, it presents economic outcomes. quantitative indicators on the regulations that apply to firms at different stages The first Doing Business report covered 5 topics and 133 economies. Doing
  • 16. ABOUT DOING BUSINESS 9 Business in 2013 covers 11 topics and 185 sample size of experts in order to improve FIGURE 2.1 What are SMART business economies. Ten topics are included in the accuracy. The local expert respondents regulations as defined by Doing Business? aggregate ranking on the ease of doing play a vital role in corroborating the Doing business, and 9 in the distance to frontier Business team’s understanding and inter- STREAMLINED—regulations measure.4 The project has benefited from pretation of rules and laws. that accomplish the desired feedback from governments, academics, outcome in the most efficient way practitioners and reviewers.5 The initial Data of the second type serve as inputs S goal remains: to provide an objective into indicators on the complexity and MEANINGFUL—regulations basis for understanding and improving cost of regulatory processes. These indi- that have a measurable positive the regulatory environment for business. cators measure the efficiency in achiev- impact in facilitating ing a regulatory goal, such as the number M interactions in the marketplace of procedures to obtain a building permit WHAT DOING BUSINESS IN or the time taken to grant legal identity ADAPTABLE—regulations ITALY 2013 COVERS to a business. In this group of indicators that adapt to changes in the The foundation of Doing Business is the environment notion that economic activity, particu- cost estimates are recorded from official fee schedules where applicable. Time A larly private sector development, benefits estimates often involve an element of RELEVANT—regulations that are from clear and coherent rules: Rules that judgment by respondents who routinely proportionate to the problem they set out and clarify property rights and are designed to solve administer the relevant regulations or facilitate the resolution of disputes. And undertake the relevant transactions. R rules that enhance the predictability of These experts have several rounds of economic interactions and provide con- TRANSPARENT—regulations interaction with the Doing Business team, that are clear and accessible to tractual partners with essential protec- anyone who needs to use them involving conference calls, written cor- tions against arbitrariness and abuse. respondence and visits by the team until T Where such rules are reasonably efficient there is convergence on the final answer. in design, are transparent and accessible To construct the time indicators, a regula- Note: Developed by Doing Business, this definition of SMART to those for whom they are intended tory process such as starting a business business regulations guides its measurement of regulations. and can be implemented at a reason- is broken down into clearly defined steps able cost, they are much more effective in shaping the incentives of economic and procedures (for more details, see WHAT DOING BUSINESS IN agents in ways that promote growth and the discussion on methodology in this ITALY 2013 DOES NOT COVER chapter). Here Doing Business builds on development. The quality of the rules also The Doing Business data have key limita- Hernando de Soto’s pioneering work in has a crucial bearing on how societies tions that should be kept in mind by those applying the time-and-motion approach distribute the benefits and bear the costs who use them. in the 1980s to show the obstacles to set- of development strategies and policies. ting up a garment factory on the outskirts Limited in scope Doing Business is about smart business of Lima.6 The Doing Business indicators are limited regulations, not necessarily fewer regula- tions (figure 2.1). in scope. In particular: Doing Business in Italy 2013 is a subna- tional Doing Business report (box 2.1) Doing Business in Italy 2013 does not In constructing the indicators the Doing and as such captures several important measure all 11 indicators covered in the Business project uses 2 types of data. dimensions of the regulatory environ- global Doing Business report. The report The first come from readings of laws and ment as they apply to local firms in 13 covers only those 5 areas of business regulations in each economy. The Doing cities and 7 ports in Italy. It provides regulation that are either the prov- Business team, in collaboration with local quantitative measures of regulations for enance of the local governments or expert respondents, reads the civil law to 5 indicators: starting a business, dealing where local differences exist—starting find the number of procedures necessary with construction permits, registering a business, dealing with construction to resolve a commercial sale dispute property, trading across borders, and permits, registering property, trading before local courts. And it plumbs other enforcing contracts (table 2.1.). across borders and enforcing contracts legal instruments for other key pieces of data used in the indicators, several (table 2.1). of which have a large legal dimension. Doing Business in Italy 2013 does notmea- Indeed, about three-quarters of the data sure the full range of factors, policies and used in Doing Business are of this factual institutions that affect the quality of the type, reducing the need to have a larger business environment in an economy or
  • 17. 10 DOING BUSINESS IN ITALY 2013 Limited to standardized BOX 2.1 COMPARING REGULATIONS AT THE LOCAL LEVEL: SUBNATIONAL DOING case scenarios BUSINESS REPORTS Subnational Doing Business reports expand the indicators beyond the largest busi- A key consideration for the Doing Business ness city in an economy. They capture local differences in regulations or in the imple- indicators is that they should ensure mentation of national regulations across cities within an economy (as in Colombia) comparability of the data across a global or region (as in South East Europe). Projects are undertaken at the request of central set of economies. The indicators are governments, which often contribute financing, as in Mexico. In some cases local gov- therefore developed around standardized ernments also provide funding, as in the Russian Federation. case scenarios with specific assumptions. Subnational indicators provide governments with standard measures, based on laws Doing Business recognizes the limitations and regulations, that allow objective comparisons both domestically and internation- ally. As a diagnostic tool, they identify bottlenecks as well as highlight good practices of the standardized case scenarios and that are easily replicable in other cities sharing a similar legal framework. assumptions. But while such assump- Governments take ownership of a subnational project by participating in all steps of tions come at the expense of generality, its design and implementation—choosing the cities to be benchmarked, the indicators they also help ensure the comparability that can capture local differences and the frequency of benchmarking. All levels of of data. For this reason it is common to government are involved—national, regional and municipal. see limiting assumptions of this kind in Subnational projects create a space for discussing regulatory reform and provide economic indicators. Inflation statistics, opportunities for governments and agencies to learn from one another, through the report and through peer-to-peer learning workshops. Even after the report is launched, for example, are often based on prices of knowledge sharing continues. In Mexico 28 of 32 states hold regular exchanges. a set of consumer goods in a few urban Repeated benchmarking creates healthy competition between cities to improve areas, since collecting nationally repre- their regulatory environment. The dissemination of the results reinforces this process sentative price data at high frequencies and gives cities an opportunity to tell their stories. Fifteen economies have requested may be prohibitively costly in many 2 or more rounds of benchmarking since 2005 (including Colombia, Indonesia and countries. Nigeria), and many have expanded the geographic coverage to more cities (including Russia). In Mexico each successive round has captured an increase in the number of states improving their regulatory environment in each of the 4 indicator sets includ- Some Doing Business topics include com- ed—reaching 100% of states in 2011. plex and highly differentiated areas. Here Since 2005 subnational reports have covered 335 cities in 54 economies, includ- the standardized cases and assumptions ing Brazil, China, the Arab Republic of Egypt, India, Kenya, Morocco, Pakistan and the are carefully considered and defined. For Philippines.1 example, the standardized case scenario This year studies were updated in Indonesia, Kenya, Mexico, Russia and the United usually involves a limited liability company Arab Emirates. Studies are ongoing in 23 cities and 4 ports in Colombia and 15 cities or its legal equivalent. The considerations and 3 ports in Egypt. In addition, 3 regional reports were published: in defining this assumption are twofold. Doing Business in OHADA, comparing business regulations in the 16 member states First, private limited liability companies of the Organization for the Harmonization of Business Law in Africa (Benin, Burkina Faso, Cameroon, the Central African Republic, Chad, the Comoros, the Republic of are, empirically, the most prevalent busi- Congo, Côte d’Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Niger, ness form in many economies around Senegal and Togo). the world. Second, this choice reflects Doing Business in the East African Community, covering 5 economies (Burundi, Kenya, the focus of Doing Business on expanding Rwanda, Tanzania and Uganda). opportunities for entrepreneurship: inves- Doing Business in the Arab World, covering 20 economies (Algeria, Bahrain, the tors are encouraged to venture into busi- Comoros, Djibouti, Egypt, Iraq, Jordan, Kuwait, Lebanon, Mauritania, Morocco, ness when potential losses are limited to Oman, Qatar, Saudi Arabia, Sudan, the Syrian Arab Republic, Tunisia, the United Arab Emirates, West Bank and Gaza, and the Republic of Yemen). their capital participation. 1. Subnational reports are available on the Doing Business website at http://www.doingbusiness.org/ The Doing Business indicators assume subnational. that entrepreneurs have knowledge of and comply with applicable regulations. its national competitiveness. It does not, Even within the relatively small set of In practice, entrepreneurs may not know for example, capture aspects of security, indicators included in Doing Business, the what needs to be done or how to comply the prevalence of bribery and corruption, focus is deliberately narrow. For example, and may lose considerable time in trying market size, macroeconomic stabil- the indicator on starting a business does to find out. Or they may deliberately avoid ity (including whether the government not cover all aspects of commercial compliance altogether—by not register- manages its public finances in a sus- legislation. ing for social security, for example. Where tainable way), the state of the financial regulation is particularly onerous, levels of system or the level of training and skills informality tend to be higher (figure 2.2). of the labor force.