Italia dei Valori takes note of the government’s wish to resolve the Europa 7 affair. The amendments presented by Italia dei Valori and by a series of political groupings within the majority, make it possible to achieve the objective that is even shared by the Executive.
These amendments don’t have obstacles on the constitutional front, nor under the Community laws.
The only way to fulfil the constitutional law and the obligations to the Community is to approve them.
As regards the constitutional legitimacy, the amendments give due attention to the Constitutional Court judgements n. 466 of 2002 and n. 420 of 1994, both of which have been unimplemented for a good 13 years. As regards Community laws, the Council of State, at the instigation of Europa 7, has already identified 10 points on which the current regulations of the Italian radio and TV system does not appear to be in line with Community laws.
The European Commission has declared the Italian Government to be in the wrong for the special rights given to Mediaset as regards the possibility to continue holding on to the Retequattro frequencies, even though it has not received the relevant concession, as well as the possibility to acquire new frequencies, reserved just for operators who are already in activity.
The Majority must do its duty and restore the use of the frequencies that are today occupied abusively, to the bodies to which they have been assigned. There is a paradoxical hypothesis, that some have put forward, that to release the frequencies to Europa 7 would be a recognition of a “special right” to them.
They are the legitimate holders of a national concession that was awarded after a competition procedure, in accordance with Community law.
We need to restore the position according to law, following the principles of civil law. It’s not acceptable to put forward the idea of the danger that the amendments presented by nearly all the bodies within the majority can open the way to compensation for further damage relating to that already suffered by Europa 7 On the contrary, the amendments ensure that Europa 7 gets a specific pay back, the release of the frequencies, with the effect of reducing the damage that otherwise the State would have to pay in cash.