For the Constitutional Court, the 2018 law on NCCs, wanted by the Conte I government, is unconstitutional
According to Constitutional Court the ban on releasing new authorizations for the chauffeur-driven rental service (or simply Ncc), until the national computerised register of companies holding taxi licences and NCC authorisations is fully operational, goes against the Constitution. In the sentence number 137filed today, Friday 19 July, the Constitutional Court declared unconstitutional Article 10-bis, paragraph 6, of Legislative Decree no. 135 of 2018, written by the Conte I government (M5S and Lega). Not only that, the Court today also spoke of public transport: it seems that there is a problem of supply and demand in Italy. They are too few compared to those requested by citizens.
What the Constitutional Court said
First of all, the Consulta explained how, for a good 5 years, the law on NCCs has allowed “to the administrative authority to raise a barrier to the entry of new operators” because it effectively suspended the possibility of issuing new licenses until a register was created, making it very difficult “to increase the already deficient offer of non-scheduled public transport services”. Furthermore, according to the ruling, “it is remained completely unheard the concern of theCompetition and Market Authority” which wanted to show how “the expansion of the offer of non-scheduled public services responds to the need to deal with a high and largely unsatisfied demandespecially in metropolitan areas, which are usually characterised by higher traffic density and the inability of public transport and taxi services to fully cover the mobility needs of the population”. Thus causing “a serious prejudice to the interests of the citizens and of the entire community”. Not only with regard to circulation, but also “consumer well-being” and “interest in the economic development of the country”.
Reactions to the Constitutional Court ruling
“Today’s ruling by the Constitutional Court tells us one thing clearly: for taxis and NCCs, more licenses neededwe need more market and competition, less corporatism. At this point a clear political intervention is neededand first and foremost the government, which follows up on the ruling: Salvini should stop protecting the vested interests and the taxi drivers’ lobbieswith wrong and useless postponements, and start a real reform of the sector that ‘opens’ the market and helps citizens and consumers, as happens in many European countries”. These were the words of the comment of the president of the Democratic senators Francis Bowl. Loreno Bittarelli, instead, president of itTaxi and Uri (Union of Radio Taxis of Italy), commented in a note: “The ruling of the Constitutional Court n. 137 of today confirms, once again, the inadequacy of some trade union acronyms which (for purely demagogic choices) continue to fuel hatred between different categories instead of proposing viable solutions for the benefit of users. This pernicious attitude has not only generated counterproductive effects for non-scheduled public transport so far, but has also caused further damage to the image of the taxi driver category. Rather than persist to follow the harmful indications of this union representation, it would be right implement a comprehensive reform of the sectoras we have been asking for years”. Finally, Bittarelli, as always, concluded: “As always we are available for a discussion of common sense with public decision makers, hoping on the part of the Prime Minister, Georgia Melonithe convening of a round table for a new framework law on non-scheduled public transport, thus giving it the authority and impartiality that has become indispensable”.
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