There will be no more prohibition on the use of fireworks and the inflammation of the barbecue between first October and 31 March. A measure introduced by Palazzo Marino in Article 10 of the air quality regulations, a rule to try to limit a potential source of pollution six months a year. The prohibition, rejected by the tar at the request of companies in the sector and of Assogiocattoli, has been definitively increased by the Council of State.
The lawyers of the municipality turned to the greatest administrative judges after the tar sentence. The lawyers of Piazza Scala have motivated their profession in detail by using the 2021 of the WHO with the maximum values of PM10 and PM2.5. Not only that, they based their appeal on the subsequent proposal for the European Commission Directive on reducing the threshold restrictions and the reduction of 35 to 18 of the maximum number of days of.
The Lawyers of Palazzo Marino Marino Then Argued that the Provision “would not interfere with the state discipline regarding the free movement of the pyrotechnic material, but would only deal with the effects on the air quality of the sale of the exploding materials, regularing notulating notulating notulating notulating notulating notulating notulating notulating notulating notulating, Ignition, limited to the only winter period, that is, when the particular orographic configuration and the weather-climate conditions of the po valley do not facilitation dispersion of material analysis “.
All theses were cassata by the right vicenzo lopilato that put black and white that: “the regulatory provisions it is can only be returned to the subject of environmental protection and that with regard to the discipline of explosives”. According to the Council of State, the municipality of Milan is an entity “without primary legislative power” and therefore has “exorbitantly of its skills and has also violated the principle of hierarchy of sources”. In short: Piazza Scala could not do legislation on the subject.
“The municipality of Milan – noted the judge – must take its initiatives to improve the quality of the air, remain rigorous within the perimeter defined by the constitutional and legislative provisions, because the need to achieve the objectives to reduce pollution does not to undermine the framework of the sources”.
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