of Christian Grassi
Answers to key questions about the referendum and the issue of public water
The topics
1) the culmination of the matter: the Ronchi Decree of 2009
2) questions and common ground in terms of public water or Private
3) the Italian Forum of Water Movements
4) the referendum questions Forum
5) questions IdV
6) what happens after the referendum
7) the law of popular initiative in 2007 for water ripubblicizzazione
1) What happens with the Ronchi Decree of 2009?
With the Ronchi Decree of 2009, all local public services such as water are permanently transferred to the market and subject to the rules of profit, expropriating citizens of those common goods painstakingly created over the years with tax money.
We paid the aqueducts and they will enjoy some private profits.
is the final act in a process that took players to governments of all stripes, both national and local levels.
The new legislation, requiring the forced sale of the management of public assets and the entry essentially required in the management of private services; require the privatization of water.
2) The common places and supporters of the Ronchi Decree say
to ) that is not about privatization but a liberalization;
There is talk of privatization and liberalization of water services because, by definition, is a natural monopoly. It can not exist competizione fra più fornitori in concorrenza poiché vi è un solo acquedotto.
Non una liberalizzazione con tanti gestori in concorrenza ma una privatizzazione con un solo monopolista privato.
Da monopolio pubblico a servizio della collettività a monopolio privato per l’interesse di pochi.
Ma a questo punto, se di monopolio si tratta, è ovvio che il servizio debba rimanere pubblico.
b) any event, the water supply and infrastructure remain as the only public service management to not be true;
While the water and infrastructure remain the Property from a formal point of view (we are talking about a "formal properties"), in practice the "real property" is one who manages the property, which provides the service and who collects profits for years to come.
The real property is also reflected because of lack of transparency in public-private relationships, weak controls and lack of the public to affect the governance of private companies. The public scrutiny is in fact little or no when you are confronted with legal forms of private law governed by company law.
matters little to say that water is public when in fact, forever, every relationship we have, economic report, claims, poor service, will be a private matter regulated by a service contract between the citizen and a public company, probably not Italian. We can no longer decide, or to change providers or complain in the community or to take advantage of our vote.
A good is public only if it is operated by a public form and substance, in the exclusive interest of the community.
c) which is the European Union that compels us;
The European Union does not impose anything. It provides that essential services with no economic importance, identified by the individual states may be withdrawn from the market.
matter for individual states to define what are the essential services with no economic significance.
Translated: Italy is the same that has imposed water privatization.
As evidence that the EU does not impose anything, the fact that in 2010 Paris, after 25 years of private management, has returned to public management.
d) that the entry of private management will improve and services and increase investments;
in Italy (and abroad), the entry of private has usually led to a significant increase in rates (as much as 400%), but without an improvement in the service that indeed, it is often worse, especially to a net reduction in investment recovery and modernization of infrastructure. From 3 billion to € 700 000.
private law The different experiences of water management have thus demonstrated that the purpose of the spa are incompatible with the management of common goods. The pursuit of profit is based on the contraction of the costs, sull’aumento dei ricavi, e sull’imputazione degli eventuali investimenti a carico della tariffa.
Ciò può significare che alla scadenza delle concessione, le SpA avranno tratto ingenti profitti senza avere investito adeguatamente sulle reti e a noi cittadini saranno restituiti degli acquedotti fatiscenti da riparare con le nostre tasse.
e) che la gestione pubblica è sprecona ed inefficiente, caratterizzata dal clientelismo.
Se è verosimile che in molti casi la gestione pubblica dell’acqua è inefficiente e sprecona, la soluzione non è regalare ad un what is all private.
Starting from the assumption that public management is by definition geared to the interests of society as a management must make the interests of shareholders, partners, what we claim are the means to improve the work of institutions public law and reducing waste. And we can do this for example through the election lever, but only if management remains in public hands.
The question is who and how is the management but also with such purposes.
A spa is required to close the budget surplus, should earn. The public body strives for balance and on for profit.
when investing the private capital to bring it within the shortest possible time and above all it must do bear fruit. The institution has no problem to bring in capital to do it back.
investments are loaded on the price of the spa and the body taken out of general taxation.
3) The Italian Forum of Water Movements
The Forum was officially established in 2006 (but was already active in a non-organic ) by countless movements, networks, associations and trade unions, national and local. These organizations have supported the need to radically change the existing regulatory framework through a bill of popular initiative brought to parliament in 2007 and signed by more than 400000 people.
Following the worsening of the legislation in the field of water, the Forum has been activated to initiate a referendum campaign which would ripubblicizzarla.
Because this is a non-partisan movement of citizens and associations, have joined the referendum actually more diverse and representative of a large part of Italian society, from environmental to the Catholic and the left, trade unions, associations, churches, committees and local authorities, non-profit organizations and charities, newspapers and buying groups.
parties, as outside civil society were able to join the committee but did not support the organizing committee of the referendum.
The IDV, was the only party which, while expressing interest in the subject chose not to participate in promoting their own referendum.
4) What do you call the third referendum?
Referendum 1: Repeal of Article. 23 bis (twelve paragraphs) of Law No. 133/2008, concerning the privatization of public services of economic
or, stop the privatization of water.
proposes to repeal the legislation which stipulates that by 2011 the management of water services must by law be entrusted to us: through tender or by private entities or joint venture (public-private), within which the individual holds at least 40% and the direct management of water services (Article 5 of Law Ronchi). The public, by statute, it remains bound to the choices of the private.
The rule also requires that in order to repeal the joint ventures IPO, the public body can not hold the majority of shares but rather, must come down to 30%.
Referendum 2: abrogazione dell’art. 150 (quattro commi) del D. Lgs. n. 152/2006 (c.d. Codice dell’Ambiente), relativo ala scelta della forma di gestione e procedure di affidamento, segnatamente al servizio idrico integrato
ovvero, aprire la strada della ripubblicizzazione.
proposes to repeal the article of law that defines as the only mode of custody of the race or water service management through a joint stock company, excluding the direct management by the entities of public law (except in exceptional cases).
The repeal of this article would allow the expectations of the management of water bodies including the Public Law, in fact favoring the ripubblicizzazione with the direct participation of citizens and local communities.
Referendum 3: Repeal dell''art. 154 of Legislative Decree 152/2006 (so-called Code of the Environment), limited to that part of paragraph 1 which provides that the fee for water service shall be determined taking account of the 'adequacy of return on invested capital "
or eliminate profits from the common good water.
This is part of legislation to repeal granting of water service operators a guaranteed profit. The law provides that the managers addizionino least a 7% to the amount of bills which the return on capital invested. That is, whatever he does as the manager, he has the guarantee of a certain collection.
citizens are deprived of the one part water and part of the common good are required, with increased humanitarian bill, to ensure a profit to individuals.
By repealing this tariff rule, this would eliminate one of the pull factors of private companies, which guarantee a certain income.
5) The questions of Italia dei Valori (IDV)
Contrary to questions from the Forum, who were able to aggregate a 'wider representation of society, the party runs IDV alone.
With regard to the referendum questions presented by Di Pietro, on 'art. 15 of DL 135, if successful would remain essentially standing existing models. Instead, the questions raised by the Forum for the water movements are aimed at said, to undermine these models, albeit with different colors, orbit, size in civil cases. It is therefore not a question that captures the basic spirit of the referendum presented by the forum, rather than by reference to the rules and models that have initiated privatization in our country (taken from summarized Alberto Lucarelli, Il Manifesto).
not alone. If successful, the legal system would be in place should be against the laws that governments first Prodi and Berlusconi then had to be approved, partly because of SpA and Srl-owned public spaces (in house) or mixed, and had violated are violating the Treaty on European principles of freedom settlement establishment and competition. The European Court of Justice, since 2005, have spoken against SpA and Srl in which all or Italy were mixed in managing local public services with credit lines without competition.
For the uninitiated, these SpA and Srl, making, for the Italian Civil Code, business activity and trade, are exerting, unfair competition.
In other words, the referendum IdV end up promoting a real challenge even to the European Treaty.
(summary adapted from Luigi Meconi, hyperlinks 13/04/2010).
6) What will happen if they pass the three referendum questions?
Should pass the three referendum questions of the Forum did not return to the laws already established, but in fact it will create a regulatory vacuum to be filled with the enactment of new laws.
Ma poiché già dal 2007 giace una proposta di legge di iniziativa popolare a favore dell’acqua pubblica sottoscritta da 400.000 persone, sarà giocoforza e c’è la speranza che il parlamento lavori attorno a questo testo.
7) Cosa propone la legge di iniziativa popolare del 2007?
La legge, definisce i “principi per la tutela, il governo e la gestione pubblica delle acque e del servizio water "
in particular.
- sets out principles which should be used, managed and led the national water resources with the aim of public governance and participatory integrated water cycle, that can ensure sustainable use, and condom in solidarity as a guarantee of future generations
covers both surface water and groundwater by regulating civilian use, agriculture and industry.
- defines the water service is considered by local public service free of economic importance and its management is not subject to the principle of free competition and is made of a non-profit.
- states that an end to all forms of management of water services outsourced while
entrusted to joint venture will turn into public-private venture fully public and then become public corporations.
- determines that the water service is financed by taxation general and specific rate.
- states that the daily supply of 50 liters of water per person is considered a human right and free and guaranteed minimum subsistence amount which can not be suspended.
- determines that financial security, with regard to general taxation, is guaranteed through the withdrawal of resources from military spending, the VAT from the sale of mineral water, the yield of penalties for environmental damage, the tax levy on the production and use di sostanze chimiche inquinanti.
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