Institutional portal - Municipality of Milan

More points in the competitions for all establishments with more than 40 years of activity. Tasca: “In this way, truly historic places of public interest are penalized and competitions are hindered. We are at regional sovereignty"

Milan, 25 October 2019 - The Municipality of Milan appeals to the TAR to challenge the resolution of the Lombardy Region on the rewards for historical and traditional activities in the granting of concessions for state-owned spaces.

Resolution no. XI/2043 of the Regional Council gives Municipalities the power to assign public spaces to historical activities for direct assignment. If the Municipalities do not make use of this option and proceed with the assignment with a public tender, the resolution imposes on the local Administrations the obligation to prepare specific bonuses (increases with percentages of no less than 40% on the overall evaluation) reserved for commercial and artisanal activities historical and traditional ones registered in the regional list. Businesses with at least 40 years of activity present throughout the city.

“This provision – states the councilor for State Property, Roberto Tasca, explaining the reasons for the appeal – reveals medieval political intentions. We are at regional sovereignty. The Municipality of Milan does not intend to contest the right to derogate tenders in favor of historic premises but contests, because it is illegitimate, the introduction of a generalized derogation through a regional provision which seems to impose the alteration of the tender conditions every time the premises be classified as historic."

According to the Municipality of Milan, in fact, the resolution of the Regional Council contrasts the rules (art. 114 of the Constitution, art. 118 of the Constitution and art. 13 TU 267/2000) which reserve administrative functions in terms of management to the competence of the Municipalities of municipal assets and commercial activity in the city area.

“In particular – adds Tasca – the resolution contrasts with these rules in the part in which it imposes on the Municipalities the obligation to provide specific rewards in the tender notices for the assignment of properties owned by them, without leaving the municipal bodies any room for discretion about. Thus the Region arbitrarily replaces the Municipalities in evaluating the public interests of the premises it owns. An interference we cannot accept. This concept of 'autonomy' reminds me a lot of the state centralism of the 30s."

“The Municipality of Milan – concludes Tasca – had already equipped itself with its own criteria, to evaluate any hypotheses of renewal or reward by balancing the different interests. Just get informed. There is a City Council resolution dated 26 July 2019 which provides for more rigorous and restrictive requirements than those required in the contested regional resolution. No to regional sovereignty, yes to public interest and competition. Private interest must not be protected to the detriment of the public good."