Unified Conference

Mysterious object but not too much

It continues to report the publication of regulations - in Sardinia that of Porto Torres is the last in chronological order - which drastically compress the collection of lawful gaming. Unfortunately, accompanied by a certain inertia of operators in the sector, who do not care enough about the "last mile": the exhibitors.

The Mayor of Porto Torres has identified new time slots based on the type of activity carried out: bars, clubs and similar exercises will, in fact, activate the slots in the morning from 9 to 13, while in the afternoon only from 19 to 23. The order it came into force last December 5th. Together with the time slots, the minimum distances for the opening of new games rooms and the installation of slots have been set at 500 meters from the sensitive structures, such as schools or youth centers.

The order also prohibits the opening of gambling halls, both traditional and VLT, and spaces for playing or installing equipment, located less than 500 meters from schools of any order and degree, places of worship, social gathering centers, youth centers, other cultural, recreational and sporting facilities, mainly attended by young people and residential or semi-residential structures operating in the health or social care sector. According to the data - reported by the Serd - that about 75% of the citizens of Porto Torres plays, and that 54% make some winnings; the circumstance of winning, a natural element in the game, is classified as a risk that could alter the mental balance of the players! Now the winnings also come to the dock. The violation of the order may result in the imposition of the administrative sanction between 25 and 500 euros, the immediate closure of the exercise and the revocation of the title in case of new opening, the suspension of the license or the exercise of the activity for a period from seven to thirty days. The mayors of Sardinia, like the mayors of many other Italian municipalities, perhaps do not know that September 7 u.s. the agreement on games was unanimously reached.

Understanding defined, rightly, a good balance between all the needs: that of combating organized crime, that of reducing gaming volumes, the one dear to the government of tax revenue. The fact is that the agreement is not only not respected but is clearly violated: this despite being clear that all regulations and ordinances issued contrary to INTESA of September 7 u.s. they are illegitimate. In fact, the agreement between the State and the Regions is a necessary and concurrent "competition" for the determination of the objectives of the economic planning of which the State is the owner. And it constitutes an indispensable attribution of a power of understanding between State / person and Regions.

It is worth pointing out that which supports the Constitutional Court in this regard, in affirming that "the instrument of understanding between the State and the Regions constitutes one of the possible forms of implementation of the principle of loyal cooperation between the State and the Region and is substantiated in an equal codetermination of the content of the act ... specifies that (it) is ... to carry out and search, where necessary, through repeated negotiations aimed at overcoming the differences that hinder the achievement of an agreement, without any possibility of a declassification of the codetermination activity to it is connected to a mere non-binding advisory activity (see judgment No. 351 of 1991)".

In other words, the "functional" requirement for the conclusion of the procedure does not allow for the declassification of the activity of codetermination into a "mere non-binding advisory activity", which indeed must be sought, where necessary, through "repeated negotiations to overcome divergences that impede the reaching of an agreement ". The strong understanding of 7 September u.s. however, it is effective because it concludes a procedure initiated by the Legislator. The legislator has imposed the "harmony" of regional development planning with the predetermined, but no less "contracted" - so to speak - national economic planning. By denying or disavowing the Agreement, the sure violation of the principle of loyal collaboration is substantiated, the observance of which is all the more necessary in an area such as that of a procedure that integrates the subsidiarity exercise by state bodies with significant powers in subjects of regional competence.