Balneari, the Supreme Court overturns the verdict of the plenary session

The judgment of the Court of Cassation in the United Sections was filed on appeal by the SIB – Italian Seaside Union belonging to Confcommercio against the judgment of the plenary assembly of the Council of State. The Supreme Court of Cassation considered the decision of the Council of State to be vitiated by excessive jurisdiction because it excluded the SIB from the process, even though the decision affected persons represented by the union. It then referred it to the Council of State, which will have to take into account the principle confirmed by the Court of Cassation and which will have to “decide again” on the basis of the additional grounds of illegality raised by the SIB for the decision of the Plenary Assembly.

It is extremely important and significant that the Court of Cassation also mentioned that the Council of State will have to take into account the new laws that Parliament and the Government enact by exercising the “regulatory powers to which they are entitled”.

“With this decision, the maritime affair is at an important turning point.” As always, we believe that it is up to Parliament and not the judges to resolve it. But with this sentence of the Court of Cassation in its maximum and authoritative expression, the abuse of the Council of State is stigmatized, and respect for the prerogatives of Parliament is called for. This sentence therefore removes a large burden for the State Council in the area of ​​”legislative prerogatives of the government and parliament”.

“We welcome with great satisfaction this decision of the Court of Cassation – says Riccardo Ripa, president of SIB-Confcommercio of the Province of Rimini – which supports the challenge presented by our trade union. We are happy that this initiative, which we were the promoters of, has given birth to an action for the benefit of the entire maritime sector. We now expect that there will finally be further clarification, starting with Parliament and the Government, to whom this sentence officially re-affirms the right to exercise their regulatory authority in this matter. In the past, politics was absent and this void was filled by the judicial sector: we need politics to return to the center of this game, because that is its job. The days of hesitation are over: we expect definitive and quick answers to plan the future of thousands of families and businesses, especially in our territory, which has always been suitable for seaside tourism.”

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