Origin decrees, last act

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Origin milk, pasta, rice, tomato. The biggest hoax of the Gentiloni circus, which has deliberately rendered illegitimate the measures clamored for by Italian consumAtors, closes with one last act. In turn outlawed,


ça va sans dir




.

DM 7.5.18, in the Official Gazette 9.6.18. (1)


The

Decree May 7, 2018

, ‘


Implementation Provision


of the decrees on the indication of the country of origin in the labeling of foods
‘, was signed by Paolo Gentiloni and Carlo Calenda. In their respective capacities as then ministers of agriculture, food, forestry and economic development.

One article, in the rationale of the petitioners, would be worth restoring effectiveness to the four ministerial decrees bearing mandatory raw material origin prescriptions on dairy products, wheat pasta, rice and canned tomatoes. Which indeed lapsed, due to express provisions stipulated therein, on 1.6.18. Date of application of the regulation-farce on the origin of the primary ingredient, the OPT regulation (‘Origin Planet Earth‘). (2)


The sleight of hand
in this case is formidable:

– since the four decrees would have lapsed as of the ‘entry into force’ of the OPT regulation, and

– the OPT regulation irretrievably came into effect, June 1, 2018,

– one can do no more in the last days of the end of government than to change the concept of ‘going into effect.’


Carlo Calenda and Paolo Gentiloni Silveri
thus believed they could reform, by ministerial decree, the provisions on the law in general. (3) That is, norms of para-constitutional level since they place themselves, like the Italian Constitution, above other laws. In three words, a legal heresy.


The last act moreover
– like three of the four referred to (origin pasta, rice, pummarola) – is also manifestly unlawful due to conflict with European law. Which, in the hierarchy of sources of law, ranks higher than the Italian constitutional rules themselves. (4)


The former Italian government
has in fact been careful not to notify the European Commission, as it should have done, (5) of the draft national technical standard aimed at introducing and/or extending the temporal effectiveness of the labeling requirements for food products
Made in Italy
, additional to the common law.


The ministerial decree of May 7, 2018
is therefore unlawful and its provisions – like those contained in all previous decrees of origin – must be disapplied
ex officio
by every civil servant, even before the organs of the judiciary called upon to rule on it. (6)




Once again.



, as in the case of Legislative Decree 145/17 on the plant location, the former



premier


Gentiloni and his acolytes have abused the powers vested in them, violating European rules and causing unfair harm to operators in the Italian food supply chain. Who have been forced to revise their labels, and consign those in stock that were not used within the peremptory deadlines set through illegitimate measures to waste.


Also in this case
, we will report to the Public Prosecutor’s Office at the Court of Rome acts that in the humble opinion of the writer integrate the crimes of abuse of office and ideological forgery in public acts. In the hope that the competent judiciary, with the green light from the Tribunal of Ministers, will be able to ascertain responsibility in the hands of Paolo Gentiloni, Carlo Calenda and Andrea Olivero.


Sincere advice to civil servants.
, beware of challenging any operator for any violations of the decrees of origin of milk, pasta, rice, tomato. As well as the legislative decree on the location of the plant. For otherwise they themselves expose themselves to the risk of being personally charged with the crime of abuse of office. Indeed, their duty is to disapply the described national regulations as illegitimate.


The snake charmers
have exceeded all limits, but they will be held accountable for their actions. Politically and also judicially.

Dario Dongo

Notes

(1) GURI 9.6.18

(2) See reg. EU 2018/775

(3) Provisions also known as prelegislation, or preliminary discipline to the Civil Code

(4) If the then Minister of Economy 4.0 had consulted even Wikipedia, he could have found that ‘
Based on the


principle of preference

, the law of the European Union prevails over the domestic law of its member states. The primacy of Union law is enshrined in Article 10 of the European Convention:


The Constitution and the law adopted by the institutions of the

Union in the

exercise of the powers conferred on it shall take precedence over the law of the member states” (Brussels Convention, Art. 10-Law of the European Union, para. 1)


(5) Cf.


dir. EU 2015/1535

. More information on http://ec.europa.eu/growth/tools-databases/tris/it/about-the-20151535/the-notification-procedure-in-brief1/

(6) Reference is made in this regard to the judgment of the Court of Justice of the EU in the ‘Fratelli Costanzo’ case (Case C-103/88, paras. 31-33)

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Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.