The walls of many cities in Sicily are plastered with posters of the PD day, which, among other things, announce with great fanfare a return to public management of water. If the PD, instead of a political party, was a firm, it committed in the lightning of the Competition and the market for false advertising. In fact, Article 49 of the Finance Act regional, recently approved by the ARSIA, far from introducing an organic framework of water service, inspired by a clear and unambiguous instance of journalistic government resource water contains some confusing provisions, the most significant of which, moreover, have been challenged by the Commissioner of the State.
The provision in question would seem to propose two main objectives. On the one hand, to carry out a reorganization of management of the service over the ashes of the territorial scope of authority under Article .148 of the Environmental Code (only the pars costruens of this design is currently sub judice because, as mentioned above, the related provisions has been challenged by the Commissioner of the State). On the other hand, to intervene on the management in place, so check the status of implementation of commitments made by the managers of the service contract: Check that, it could be, could be the adoption of preparatory measures for waiver pursuant to art. 21 d ln241/1990. The same logic also fits the prediction (also contested by the Commissioner) that, if the percentage of unfulfilled commitments is more than 40%, the (Morituri), creator of 'Setting may terminate the contract for breach. Article. 49, then, also provides for a 4 th paragraph along the lines of which, in cases of withdrawal and resolution referred to in paragraph 3 °, the service is demoted to the previous owners at least until completion of the procedures public evidence of Article ln133/2008 a .23 (although this provision was obviously challenged by the Commissioner of the State).
Therefore, an unfinished, incomplete even more because of heavy government intervention, which, however, despite appearances, does not affect in any way, and, indeed, repeats the pattern that emerges clearly from Article privatizer relentlessly. 23 a ln133/2008. It seems quite clear that this genuine regulatory mess, mostly exhausted by mere policy statements (so much so that some leading members of the composite majority of support for the government Lombardo spoke of "manifest rule") has nothing to do with a serious plan of ripubblicizzazione sector: and, indeed, risks creating a dangerous legal vacuum harbinger, these days, raids by the outcome highly unpredictable. The truth is that the only way for a water management consistent with the nature of the common good of the latter is indicated by the referendum, which aims, among other things, the complete repeal of article 23 bis ln133 / 2008 and the subsequent adoption of the legal form of the special, while the pie cooks in sauce Sicilian packed by ARS is the product of the misguided attempt of the Democratic Party (a party which, in its various epiphanies earlier, is always been a strong standard-bearer of the privatization of water services also) to conceal its subordination to the center giving a progressive patina to a pure sign-change.
Luca Nivarra
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