With the arrival of summer, the noises to the detriment of those who live in the center, near nightclubs, where lovers of nightlife linger. But if the noises due to those who chat too loudly or make noise late at night are too loud and intrusive, therefore harmful to the health of those who live nearby, and compliance with the rules of public peace is not guaranteed, the Municipality has the duty to pay damages. The sentence was issued in recent days by the Supreme Court to which a couple who lives in the heart of Brescia has turned. And it could have enormous consequences for municipal budgets.
"We would need a legislative intervention that combines responsibilities with powers, to then enforce the rules - confirms the mayor of Ravenna and president of the Union of Provinces Michele De Pascale - because the economic damage to the Municipalities could be enormous".
The spouses, says Il Messaggero who anticipated the measure, turned to the court for the first time in 2012, obtaining reason and compensation of over 50 thousand euros but the Municipality appealed and won it. Now the stoats have proved them right, overturning the sentence of appeal, beating those judges and establishing that it is up to the Municipality to guarantee the protection of the private individual who complains about the violation of a right to health. In particular, the judges of the Supreme Court have ordered a bis appeal because, in accordance with the principles of health protection, a new trial quantifies the damage suffered by the couple from Brescia.
"A sentence - explains De Pascale - that is part of a very intricate regulatory framework such as that of noise pollution. We in Ravenna have tried several times with ad hoc ordinances, use of fixed electronic sound level meters, to try to keep together the right to quiet of residents with the vitality of centers or beaches and the right to healthy entertainment even in the heart of the cities ".
This is why, in the face of "strong responsibilities, including compensation" attributed to mayors, he adds, "it is clear that a legislative intervention would be needed that combines responsibilities with powers, to then enforce the rules". For Alessio d'Amato, regional councilor of opposition in Lazio, "It is an important sentence that recognizes the prevalence of the right to health as inalienable against the so-called movida. Municipalities will have to equip themselves if they do not want to be overwhelmed by claims for compensation".
"It seems to me an excessive measure - is the opinion of the Councilor for Culture of the Municipality of Rome, Miguel Gotor - because it is difficult to identify a direct responsibility of the public administration. To stem the negative effects of the so-called mala-movida, or the disturbance of the public peace, degradation, acts of vandalism, we must try to prevent them with special measures, for example the early closure on weekends of mini markets that sell alcohol as we did in Rome from mid-May and also through the promotion of artistic and cultural initiatives in the spaces of the city most affected by the phenomenon, as we are trying to do with this last announcement of the Roman Summer".