(Jamma) The eight ordinances with which the Lazio Tar at the end of January raised the question of constitutional legitimacy in the appeals filed by horse racing agencies against the request for guaranteed minimums were published in the Official Gazette. The Tar asked the Consulta to verify the constitutionality (in relation to articles 3, 24, paragraph 1, 103, paragraph 1, and 113 of the Constitution) of the art. 10, paragraph 5, of the decree-law of 2 March 2012, n. 16, converted by law 26 April 2012, n. 44 - "in the part in which it provides that 'in order to pursue greater efficiency and cost-effectiveness of the action in the sectors of competence, the Ministry of the Economy and Finance - Automated Administration of State Monopolies, the Ministry of Agricultural, Food and Forestry Policies and the Agency for the development of the horse racing sector - ASSI, proceed to the definition, also in a settlement, having consulted the competent bodies, with abandonment of any pending dispute, of all the controversial relationships in the related matters and according to the criteria indicated below: .. b) in relation to the withdrawal quotas pursuant to art. 12 of the decree of the President of the Republic 8 April 1998, n. 169 and related additions, definition, on an equitable basis, of a reduction not exceeding 5 percent of the sums still owed by the concessionaires referred to in the aforementioned decree of the President of the Republic no. 169 of 1998 with the identification of the methods of payment of the relative sums and adjustment of the guarantees. Consequently to the art. 38, paragraph 4, of the decree-law of 4 July 2006, n. 223, converted, with amendments, by law 4 August 2006, n. 248, letter l) is deleted'”. This is the rule which, in order to resolve the issue of the minimums, grants the agencies a 5% reduction on the sums owed. The agencies however, thanks to the Lodo di Maio (currently contested before the Court of Appeal of Rome) and by virtue of a series of sentences of the Lazio Tar itself, have obtained the right not to have to pay the minimums until the adoption by the Mef of the safeguard measures.
