The letter

Morandi law, Mattarella OKs rule for collapse victims but points out conflicts with Constitution

The Head of State, in his letter to the presidents of the House and Senate for the promulgation of the measure, points out that the bill on compensation to relatives of victims of road and motorway collapses contains a 'discriminatory' rule for civil unions compared to marriage, as well as 'unacceptable discrimination between the children of victims on the basis of their parents' marital status'.

by Redaction Rome

3' min read

3' min read

The President of the Republic, Sergio Mattarella, signed the bill for the recognition of benefits in favour of victims of damaging events resulting from total or partial collapse of road or motorway infrastructures of national importance, known as the 'Morandi law', but accompanied his signature with a letter to the presidents of the Chamber of Deputies and Senate and to Prime Minister Giorgia Meloni in which he pointed out some 'discrimination' in the measure that should be remedied. The law was approved by parliament on 20 March.

Mattarella: discriminate civil unions against marriage

 

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The pdl on compensation for relatives of victims of road and motorway collapses contains a "discriminatory" rule for civil unions compared to marriage, as well as "unacceptable discrimination between the children of victims on the basis of their parents' marital status". This was written by the President of the Republic Sergio Mattarella in his letter addressed to the presidents of the Chamber of Deputies and the Senate for the promulgation of the measure.

Problematic forecast of limited funds

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"Article 4 demotes to secondary norms the task of identifying the damaging events - present and future - as well as the subjects entitled to the economic benefits provided for, giving these sources a wide margin of discretion. Such a provision does not appear to be in line with the constitutional system," wrote Head of State Sergio Mattarella in his letter accompanying the signing of the bill on the Genoa Bridge. "As constantly affirmed by the Constitutional Court," he adds, "the primary source must ensure a sufficiently detailed regulation of the matter with regard to the criteria for the exercise of administrative discretion. It should also be considered that the law is financed through commitment limits - 7.1 million for 2025 and 1.6 million from 2026 - and having limited resources makes the exercise of the aforementioned discretion even more problematic in order to guarantee the satisfaction of rights".

Government and Chambers give attention to relief

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"I address an invitation to Parliament and the government to carefully consider the aforementioned remarks and to evaluate supplementary and corrective measures". This concludes the letter from the Head of State to the Presidents of the Chambers of Parliament accompanying the signing of the bill on the Genoa Bridge.

The law approved

Named after the bridge that collapsed on 14 August 2018, causing 43 deaths and displacing more than 500 people, the Morandi law passed on 20 March in the Chamber of Deputies, after its first passage through the Senate. It is a measure signed by Lorenzo Basso, vice-chairman of the Senate Transport Committee, and the result of the work of the Committee in memory of the Morandi Bridge victims, which has received the support of the entire parliamentary spectrum to provide support for the families of those who lost their lives in that tragedy and in any future accidents caused by infrastructural collapse due to neglect. Central is the recognition of the legal status of victims of infrastructural failures through neglect.

The fund for collapse victims

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The measure approved unanimously in the Environment Committee emerged unscathed from the Senate vote and provides, in Article 2, for the establishment of 'a fund in the forecasting state of the Ministry of Infrastructure and Transport with an endowment equal to EUR 7 million for the year 2025 and EUR 1.5 million per year starting from the year 2026, destined for solidarity initiatives in favour of the families of the victims of the damaging events identified pursuant to Article 4'. That is, the "total or partial subsidence of road or motorway infrastructures of national importance, which occurred between the date of 13 August 2018 and the date of entry into force of this law". Subsequent ones 'shall be identified by decrees of the President of the Council of Ministers, upon the proposal of the Minister of Infrastructure and Transport in agreement with the Minister of Economy and Finance, to be adopted within thirty days of the same event'. The resources will be earmarked for 'a special handout in favour of the family members' of the victims.

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