no! Good evening friends of Identity Mediterranean
the Journal 02/03/2011 in Sicily, which links to the footer, text reads: " From May to go to Punta Raisi Airport in Palermo or enter Villabate, you will have to pay a toll ."
Everything comes from Tremonti and ends with the presidential decree of Berlusconi. briefly reconstruct the story. " The Finance Act of 2011 provides for the introduction of a direct toll on motorways and on highways that are directly managed ANAS interconnect with toll roads to decrease as the Italian state is ANAS service as remuneration for management and maintenance of the road network . "(Source Wikipedia). Hence the recent decree of the President of the Council, which will put 45% of toll motorways in Sicily.
The issue is not trivial, it is going to be grueling sets a fee for students and workers from the provinces who will be forced to pay 3 € per day, 1.50 and 1.50 to get out of Palermo, which in the long run, will give rise to important questions, both in legal as such, "but it is a right of the worker be compensated by the company's expenses to come to work or not?" both on the material, especially for those poor students who must work to maintain and continue their studies. Everything threatens to disrupt the daily lives of millions of people of Palermo.
The question we ask, and we want to ask ourselves is: But all this is avoidable? Analyzing the problem seems to be deeply, because there are several critical points. First and foremost a violation of Article 18 of the EC Treaty concerning the free movement of goods, people and vehicles throughout the European territory, because the imposition of a toll, this provision merely because it imposes a price, ask a real their customs barrier to access and exit from the city. Recall that a restriction on freedom of movement can be imposed only for reasons of national security and for reasons of preventive health care. Our case does not seem to fit in this series.
The second critical point concerns the place where the toll will be placed. In fact, a box shall be placed in a section of motorway, which is a private owned by ANAS SpA seems that the toll is placed immediately after the ring of Belgium Street, then called the motorway between Palermo and the airport Falcone - Borsellino. The highway is technically classified as a freeway or ordinary roads (Source Wikipedia). Let us remember, however, the financial Tremonti, but here there a but. The financial Tremonti refers to connections directly related to toll roads, and both the 'A19 to the A29, so far, there are toll roads, so the toll can not be placed until after the Falcone Borsellino airport side A29, and only after the release of Villabate side of 'A19.
There is a third critical point, and perhaps most importantly, the violation of the Statute Siciliano. Sicily is indeed a special statute and is therefore equipped with a document, statute, having the force of law and constitutional framework, with rules in principle, everything about the Sicilian territory. Too bad that our Statute lacks many decrees, or acts by the state which serve to give effect to the statutory provisions. In our Autonomy Statute, art. 17 paragraph 1 and in particular to point A is said: "Within the limits of the principles and interests which inform the general laws of the State, the Regional Assembly may, in order to satisfy the particular conditions and interests of their region, issue laws, including the organization of services, on the following matters concerning the Region
a) regional transport and communications of any kind ;
addition also violates Article. 32 of the Statute, which says that "the assets of State Property, including public waters in the region, are assigned to the Region, except those involving the defense of the state, national or services .
Finally we point out the fourth critical point, perhaps the heaviest and which he has already ruled on a case similar to the TAR of Lazio, which is a breach of the EC Directive on highways and junctions. Indeed, it is news of 02.23.2011, the decision of the TAR of Lazio ruled in favor of the use of the Province of Rome on a possible exit in ring road.
Further clarifications here: http://www.ilsole24ore.com/art/notizie/2011-02-22/nuovi-pedaggi-autostrade-raccordi-164035.shtml?uuid=Aa7vuZAD
In Brief EU rules stipulate that the connections are roads that are used to connect with the vital centers of community which, for example. airports, etc.. and therefore can not be subject to tolls.
hence a reliance by the Region of Sicily to the TAR, concerning the breach of Community law.
We hope that in the light of what the Governor Lombardo, uninterested in what appeared to be very, move to bring solution to a problem that threatens to weigh on millions of people.
links:
Definition of road links and basic rules on Wikipedia:
