Food crimes, Draghi government saves Law 283/1962. #CleanSpades

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The Mario Draghi-led government ensures the continuity of food crimes under Law 283/1962 , threatened by Legislative Decree. 27/21, with a last-minute intervention.

A sign of responsibility, in response to the heartfelt appeals of the Public Prosecutor’s Office at the Court of Turin and the concerns of the authorities in charge of official controls.

The systemic trouble of lack of governance and abuse of office in the ministries in charge of public health protection and agri-food policies remains to be addressed. #CleanSpades.

Food Safety, DL 19.3.21

The decree-law 19.3.21 – ‘urgent measures on the sanctioning discipline in the field of food safety‘ – was adopted in the evening (on 19.3.21) by the Council of Ministers, at the proposal of President Mario Draghi and Justice Minister Marta Cartabia. The urgent measures correct Legislative Decree 27/21, just days after its entry into force (24.3.21), in the part where the repeal of maintenance offenses under Law 283/1962 had been provided for.

‘The purpose of the introduced rules is to avoid a repealing effect of all criminal and administrative penalty provisions in Law No. 30 April 1962. 283, implemented by Legislative Decree Feb. 2, 2021, no. 27, as well as some articles of Presidential Decree March 26, 1980, no. 327, on the hygienic regulation of the production and sale of food and beverages.’ (1)

Abuse of office and liability of officials. #CleanSpades

Legislative Decree 27/2021that it would pass like a sponge over criminal penalties had indeed seemed a mistake, which, however, Justice Minister Marta Cartabia promptly remedied. The repeal, in fact, was not contained in the text sent by the Count government to Parliament for approval‘, reads LabParliament. (2)

It is time to ascertain the veracity of this information. If appropriate, sue for abuse of office and immediately dismiss for cause the ministerial official who has arbitrarily introduced an additional clause – contrary to the European delegation law and the Constitution of the Italian Republic (3) – beyond what was decided by the previous Council of Ministers.

Governance and good governance. #CleanSpades

Governance in public administration-that is, good governance, transparency and accountability-cannot wait any longer. First, at the Ministries of Agriculture, Food and Health. There is an urgent need to activate an investigation into conflicts of interest and interests, bribery and abuse of office.
A couple of examples are valid to show the dangers and damage that threaten the system-country due to dangerous connivance:

4 billion euros of public funding allocated in Brussels in the Common Agricultural Policy, CAP 2014-2020, has been burned due to the mismanagement of AGEA director general Gabriele Papa Pagliardini. (4) Which, among other things, has entered into a competition-distorting agreement with Coldiretti’s CAA (Center for Assistance in Agriculture) and is at the same time a partner in AgriRevi, an SpA in the constellation of the same agricultural union, (5)

large part of the Recovery Fund (Next Generation EU) will be managed by a MiPAAF that is still de facto controlled by the Coldiretti magic circle. Just in these weeks, the process of awarding a €12 million call for bids for biodiversity in cattle breeding is being consummated under uncertain auspices, with blatant conflicts of interest already denounced on this site, (6)

a business committee is beginning to manage the treasures of Italian farmers, with public contributions and potential distortion of competition, in the name of personal and family profits of figures at the top of Coldiretti. In violation of the mutualistic criteria binding the participation of Agricultural Consortia in joint-stock companies. (7)

#CleanSpades, if not now when?

Dario Dongo

Notes

(1) Council of Ministers. Press release no. 8, 19.3.21. http://www.governo.it/it/articolo/comunicato-stampa-del-consiglio-dei-ministri-n-8/16428

(2) Scandalous decree cancelled. Government restores rules for food safety. LabParliament. 3/20/21, https://www.labparlamento.it/cancellato-il-decreto-scandalo-il-governo-ristabilisce-le-regole-per-la-sicurezza-alimentare/

(3) Dario Dongo. Legislative Decree. 27/21 and repeal of Law 283/1962, question of constitutionality. GIFT (Great Italian Food Trade). 17.3.21, https://www.greatitalianfoodtrade.it/sicurezza/d-lgs-27-21-e-abrogazione-della-legge-283-1962-questione-di-legittimità-costituzionale

(4) Dario Dongo, Giulia Orsi. Report of the Court of Auditors on AGEA directed by Gabriele Papa Pagliardini. #CleanSpades. GIFT (Great Italian Food Trade). 12.3.21. https://www.greatitalianfoodtrade.it/mercati/relazione-della-corte-dei-conti-sull-agea-diretta-da-gabriele-papa-pagliardini-vanghepulite

(5) Dario Dongo. Conflict of interest AGEA – Pagliardini – Coldiretti, questions to the European Parliament. GIFT (Great Italian Food Trade). 30.1.21. https://www.greatitalianfoodtrade.it/idee/conflitto-d-interessi-agea-pagliardini-coldiretti-interrogazioni-al-parlamento-europeo

(6) Dario Dongo. AIA, FEDANA and the golden calf, farmers in revolt. The example of ANARB. GIFT (Great Italian Food Trade). 4.3.21. https://www.greatitalianfoodtrade.it/mercati/aia-fedana-e-il-vitello-d-oro-allevatori-in-rivolta-l-esempio-di-anarb

(7) Dario Dongo. Federconsorzi 2 aka CAI SpA, some clarity. GIFT(Great Italian Food Trade). 3/15/21, https://www.greatitalianfoodtrade.it/idee/federconsorzi-2-alias-cai-spa-un-po-di-chiarezza

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