(Jamma) The European Court of Justice has once again dealt with the question concerning our licensing-authorisation system. On this occasion the Court's attention was focused on the legitimacy of art. 88 of the TULPS raised as a preliminary question in an administrative procedure born from the appeal of a refusal received from an agency owner.
The sentence published on 12 September substantially confirmed what this association has always professed, namely that the request for public safety authorization must always be requested to allow the Italian authorities to verify the subjective requirements of those who intend to open an agency.
On the other hand, in a sector where crime could spread, it is important that there is control by the authorities and this principle is taken up again in the judgment of the ECJ where it is explained that each member state of the on its own territory it is free to apply legislation such as that pursuant to art. 88 Tulps in order to pursue objectives of repression of criminal infiltration.
This ruling does not change much the scenario that was created after the rulings of the Cassation, in fact the concept remains valid according to which all Books, which will be able to demonstrate that they have been discriminated against by the Bersani decree, will have the possibility of obtaining a legitimizing recognition of the operations on our territory, vice versa those who are not able to demonstrate it will have to cease the activity in order not to incur penal and administrative sanctions.
