Independent journal on economy and transport policy
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LEGISLATION
Uniport appreciates that the port reform takes place through an enabling law and trusts (!) in the government's willingness to open a discussion with the operators
Legora: we are ready and available
Roma
December 20, 2024
Since now in the so-called Western world we resign ourselves
to the progressive and increasingly rapid dismantling of the bases
on which this world rests by those who propose
as champions of the so-called Western civilization, it is not surprising
now more - unfortunately - than even the processes of definition
of the laws, or of the principles and rules of the organization of
this world, are not carried out by parliaments, a function that the
Constitution of the Italian Republic provides that "the exercise of the
collectively by the two Chambers", but rather by the governments.
It is not surprising, therefore, that the National Union of Port Companies
(Uniport), the association representing port companies pursuant to art.
16 of Law 84/94, terminal companies and shipping companies of the
ro-pax segment, you accept, or perhaps even approve, or even appreciate
that the reform of Italian port legislation be
implemented through an enabling law. Certainly admitted possibility
by the Constitutional Charter on the basis of which, moreover,
'The exercise of the legislative function may not be
delegated to the government except with the determination of principles and criteria
and only for a limited time and for defined objects".
Boundaries that are too often crossed, indeed ignored, being
It is now practice, rather than delegating, to cede the function to the government
Legislative.
A parliamentary process expands the involvement of the different
parties involved in the definition of laws. Otherwise, the
government often presents decrees whose
content up to the day before they are transmitted to the Chambers,
sure of a rapid and safe conversion into law by the
Competent parliamentary committees.
This is clearly the case with the reform of legislation
port, which would seem to be on the home stretch, of which today the
Uniport itself, one of the important stakeholders in the market,
admits to having incomplete and approximate knowledge. "Finally
- is the feeling of the president of Uniport, Pasquale Legora
- the clouds on a reform hypothesis are beginning to clear
of the structure of the Italian port system of which it has been
only talked for almost two years. The statements of the deputy minister
Rixi released in recent days and the drafts of texts and slides that
circulate, completely informally, converge on some points and
allow at least to identify some themes that we intend to touch on
and to understand the method with which it is planned to proceed".
"Of course," he admits, "we are still at the level of indications
very general. On some relevant topics, such as the
- asks the president of Uniport - is not clear
how the reorganization objectives will be concretely declined
and rationalization referred to and to which category of companies
it refers to it; other issues seem to want to be addressed only for the sake of
profiles and not overall (e.g. for cold
ironing about which nothing is said about aspects of
regulations which, on the other hand, appear urgent)".
To tell the truth, from what is circulating it seems very difficult
get a clear idea today of what the future policy will be
for Italian ports, not to mention more
specific ones such as those indicated by Legora. It's hard to understand
also from the statements of politicians involved in the reform,
first of all the Deputy Minister of Infrastructure and
Transport, Edoardo Rixi, who on Wednesday spoke about the
'creation of a publicly controlled company with the
task of managing investments and representing the system
Italian port at an international level". Unavoidable
ask what he means by publicly controlled companies:
speaks of a public company, which also carries out activities
or, as it would seem, a subsidiary company
Even by private individuals?
Speaking of this company, in the statements of the
In recent years, Rixi has redone himself several times
to ENAV, the joint-stock company that manages traffic
civil aircraft and which is controlled by the Ministry of Economy
and Finance Department, which holds 53.3% of the capital and is
owned by a number of investment companies and
institutional investors. But also to Anas, the company for
shares with sole shareholder the Ferrovie dello Stato Italiane group, which is
wholly controlled by the Ministry of Economy and Finance,
Finance.
The president of Uniport also notes that "the hypothesis of
Establishment of a publicly controlled company
to investments then it is still little more than a security
from which, among other things, he observes, a doubt emerges and one of the
Main observations of terminal operators and companies
port companies: the role of the private sector is enhanced only as an investor
in the network/infrastructure? Because nothing is said
regarding greater involvement and enhancement of the role of the
companies that so far with their investments and their ability to
operational and organizational skills have guaranteed growth,
Competitive and employment in ports? Because among the aspects
that is intended to be simplified, there is no mention of the
concessions?"
And here the issue of the possible participation of private individuals arises
to this elusive "publicly controlled company"
to whom Rixi and the government would entrust the "management of the
investments". Investment management, if participated
by private individuals, will be an administrative management or a management
politics? A hypothesis, the second, to make the hair stand on end
to those who really care about safeguarding the foundations of the
so-called Western civilization.
However, Uniport seems to appreciate the little it has learned. If
'strengthening governance at central level,
coordination of the Port System Authorities and
simplifications, are all objectives that, as an association of
terminal operators and port companies, we share", for Pasquale
Legora and Uniport is "shareable is also
the intention of an enabling law that will define the mandate to the
government to define in detail the changes to the legislation
and the deadlines within which those
amendments'.
So Uniport does not seem to care that the definition of the
port reform is invoked to the Government: "the provision of
implement the reform through an enabling law - says Pasquale
Legora - leaves the government ample time to define its
details, allows you to clarify all these aspects and doubts and, if there are
it will be the will of the government itself (and in the first place
of the Ministry of Infrastructure and Transport and the Ministry of Infrastructure and
of the Sea), to open a discussion with the representatives of the different
stakeholders. Uniport is ready and available for this
comparison, not only in the interest of the companies it represents, but also in the
of the entire country-system".
Legora is right to ask itself if there will be the will
of the government to open a discussion. Recent and past history
says, however, that acts of decree are the main road
increasingly traveled to avoid comparisons. And he also tells us that
Publicly controlled companies are the way for those who are
to the reins of the country to appropriate not only the power
legislative power as well.
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