Anti-abandon seats, possible fines but there will be a special attention


The error
In essence, with their observation, the magistrates of the Council of State suggested to the Government to take action to correct the wrong part of law 117/2018. What he grants 120 days (starting from the entry into force of the implementing ministerial decree which set the characteristics of the devices, last 7 November) to get in order.

So far so good: as shown by the difficulties of these days, it was necessary to give companies time to produce the devices and families to buy them.

As the law adds that in any case the obligation goes into effect on 1 July 2019. A cut-off deadline set in the law as a naive attempt by politicians to avoid the Italian-style case of novelty that does not start because some implementing decree is missing. But he also ventured on July 1st: the EU had blocked the decree. A demonstration that, if a law is unrealistic or the technical and legal issues are complicated or the public administration is not able to do quickly and well, it is certainly not a expiration-trap to solve problems. Indeed, it creates more, as you are seeing now.

The police know well that there is a legislative mess and that it will be solved, even if not in days as politicians have suggested. So it is very likely that in these weeks they turn a blind eye.

They will do it mostly without declaring it. Some might even come out into the open, taking advantage of the fact that the law and the implementing ministerial decree can also be interpreted as if the obligation entered into force on 6 March. The same will be able to do even more to the judges to whom the eventual fines will be able to appeal.

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