welcome aboard.
To the honorable European Commission
DESCRIPTION OF FACTS
Preamble
The cultural specificity of the Italian society imposes a preamble of a general order. It is in fact not possible to understand the level of frustration of community law without pausing to look at the difference between the legal system (Community law, the constitution, ordinary law) and the praxis understood as the customs and habits; in other words Italian ethics.
Strictly speaking also the practises of a populace make part of the sources of the law, consisting in the last step, but if in the European nations of democratic and civil tradition this means that customs apply only with the lack of a specific law laid down, in Italy is carried out a substantial capsizing of the sources which lead to a systematic non-application of the juridical norms conflicting with said customs and habits.
In Italy relations are organized by ethics, by praxes and since this derives from a tradition not at all democratic a social system and product of diffused illegitimacy is established (has been established for quite a long time) to which one gain access via co-optation: as much as the 'godfather' is important who takes on the guarantee towards the other members of the 'group' is the position better to which one can aspire in life for prestige and retribution.
The free market, merit on the most typical dynamics which characterize democratic societies influence in a subordinate manner (as much as nothing at all) Italian society which is of a corporative type, Mafioso and where when one does not belong to an organized group of power he/she does not have a chance of participating in the society productive system because upon him falls the civil death sentence; he cannot work or, even less, go far in life; he simply does not exist.
It is necessary to make a particular effort to understand the degree of frustration of the law (and therefore the Community law) but if one overcomes the paradox of the absurd, of the too much and the exaggerated which deprive of likehood and make risky the acceptance of such a thesis, it becomes possible to concretely help the process of European integration by paces all citizens and institution before the possibility of taking the most suitable measures at least to protect the objectives of democracy, free market, equal opportunity and dignity already reached in centuries of civil struggle. Personally, at forty and without ever having recognized the possibility of contributing to the progress of the nation at the rate of my ability and choice (as per article 4 of the Italian constitution) I had decided to tell my story from the beginning: from when at 18 years I was summoned by a prominent member of the socialist party who gave me two competitive examination forms with the recommendation that I invert the order in which I wrote the date on the document of the test (to put the number of the month in place of that of the day and vice-versa) to allow the examining commission to identify me.
I therefore could have written a useless and counterproductive romance for the capacity of distracting the commission from the true reason for my report ...But I decided to only tell of what has happened to me starting from January of 2002 ad placing it strictly in relation to the contest in which I am denouncing serious incompability with Community law.
Development
The Region of Liguria possesses 51 percent of Datasiel, a joint stock company therefore disciplined by the private law, which operate in the field of computer services.
The region of Liguria. The president of which is Alesandro Biasotti who figures in the board of Datasiel as partner of absolute majority, and who has established a convention with the aforementioned company according to which the same would enjoy the sole right in the supply of an extremely vast gamma of services despite the fact that these are also offered to all of the subjects who desire them on the free market and in competition with other companies (enclosure 01). The convention is founded on the equalization of Datasiel spa to a public body, as of such, does not have to submit to Community discipline relative to art. 6 of regulation 92/50 CEE (enclosure 02). No less of than the less the President of the region of Liguria and the managing director of Datasiel have several times given interviews without at all hiding their intention of increasing the competitiveness of the company on the free market as well as increasing profits on the balance sheet (enclosures 3 - 4).
This legal situation, on its own already clearly contrary to the Community law which prohibits intervention of the state in favor of companies as a cause for imbalance in the regime of competition, worsens even further in consideration of the evident bad faith and is more than enough to substantially compromise the local market: any commercial offer of computer services (latu sensu) can also be refused by the Region of Liguria in force of the convention with Datasiel spa which has balance sheet losses historically smooth over by the adjudications of the regional council and therefore operates on the market in conditions which cannot be compared to those of competitors.
Despite this, a few crumbs seems to advance also for the small operators but on the conditions that they are 'friends': therefore that they become part of the Spoil System Italian style which does not stop at the clear and legal turnover of the functionaries of the public administration, for reasons of efficiency of the political monoeuvre, but it extends until it completely permeates the economy of the society: fro hijacking of public work toward obliging contractors to the destination of the unfortunate to socially useless jobs. According to this logic the Regione of Liguria a multimedia presentation made in occasion of the G8 in 2001 to a third party instead of Datasiel (enclosure 05).
Naturally, it is an Italian classic, the money of the contributors was completely wasted due to the fact that the magistrate's court, for reasons of privacy, did not allow the Region the addresses of the journalists to whom the work was destined and so approximately 200.000 of today's Euro was thrown away. Being unable therefore to do anything without a 'godfather' who functions as a guarantee toward the productive society (Italians attribute the responsability for this situation to a political choice) overcome by anxiety for the years which go by and being still forced to live with my mother I accepted the humiliation of asking for recognition of my civil right to work as a favor and went to a catholic bishop who had demonstrated himself to be apparently willing to do the thing ...
Here is what happened: an Italian story.
After having met the aforementioned (his name is Molinari) I directed myself to Dr. Arcolao who is now the person in charge of the press office of the Curia but before it seems was director of the agency of tourism promotion, having resigned due to a change of the political power in the field which it appears lead for him to a sort of 'demotion'.
Dr. Arcolao, having examined in a distracting and incompetent manner a multimedia realization which I would have liked to sell, told me to go to one of his dear friends: the Councillor to tourism of the Region of Liguria Dr. Amoretti. Dr. Amoretti let me know that before considering the purchase he wanted the opinion of his collaborators: the accountant Schenone for the technical office.
Here I found myself also waiting for one or two people from Datasiel but I presented my work anyway in a professional manner. The accountant Schenone and a non-qualified employee from Datasiel appreciated my work greatly and the first gives therefore a positive opinion to the Councillor to whom he sent me again.
The Councillor had me know, through his personal secretary Dr. Scanu, who telephoned me at home, how to submit my work to another opinion on part of the person in charge of the administration of the councillorship: Dr. Jelenkovich.
Whereas Jelenkovich told me he judged the CD-ROM original, interesting but also incomplete from the promotional point of view because lacking an introduction able to explain what and where the Liguria is. Six month having past from the beginning of the negotiations, it seemed a done dial: Jelenkovich discussed with me the modifications and the necessity to prepare at least an English translation of the text and navigations graphics. We spoke of the terms of the contract including the sales price and I was advise of several 'tracks' to include in the commercial offer, things which were needed to distinguish who is part of the circle from who is not: he told me that is to increase the prices of the commercial offer to 30% and then to subtract the same percentage in a form of a discount. Without the clause 'discount 30%' it seems that Region of Liguria does not even take commercial offers into considerations. Jelenkovich concluded saying that I would be contacted by Dr. Scanu within a few days and infact, within a few days, Dr. Scanu called.
He said that the Councillor appeard rather curious about the environmental maps (cubic virtual panoramas) even though the priced asked seemed a bit excessive. Anyway he said that I would be called back soon for the determinant appointment.
It did not seem real to me, it could not be and in fact it is not. No one telephoned again. Everything fell a part and neither Molinari nor Arcolao, nor Amoretti, nor Scanu or Jelenkovich or Schenone called and on the contrary rendered themselves unavailable on the telephone.
Is as if someone with the 'right of veto' pronounced the famous 'passo manzoniano': "this marriage will not take place".
In conclusion it seems to me that two distinct hypotheses can be outlined, one of which one subject to being in its own turn divided into as many hypotheses of second level:
1) That the Region of Liguria is responsible for the violation of the obligation of good faith imposed by the Italian Civil Code in the sphere of the pre (as well as extra) contractual negotiations; obligations that I want to believe understood in the sphere of European Community law.
2) that the subject extraneous to the negotiations in course worked on the mafioso nature of the Italian society to exercise action of boycott which in the case of the respect for the market and professionalism could have never been understood; or at lest would have been the object of verification for the argumentations adopted (enclosure 07)
3) That the subject extraneous to the negotiations in course operates in the name or on behalf of the state, doing things anyway in his own interest.
In this case, unfortunately, it becomes necessary to introduce the concept of 'political persecution' the treatment of which probably is not part of the jurisdiction of the commission because it is included among that of the European Court of Human Rights (enclosure 08)
After what happened between me and the Region of Liguria I asked the same to be able to see the expense provisions of the council (only in relation to the commitments of the councillorship of tourism and for the period relative to the relationship in discussion but a law (241/90) plus successive modifications, as well as the regional 8/1991, reserves for the same commission the right who has and who does not have to consult its own acts ( ... ) otherwise public. Obvious therefore that the request was rejected (enclosure 09). Less obvious is that , after only one week fro its presentation, also the recourse to the ombudsman was rejected (enclosure 10)
WHAT I ASK
Considering all of the above I ask:
1) that the conformity to the Community law be evaluated of the condition in which Datasiel spa operates and of the legal behavior of the Region of Liguria who set it up.
2) That in the case incompability to the Community law of Datasiel and region of Liguria has brought about this incompability is verified, that a proceeding of infraction towards the Italian state be activated to force it to restore the legality trough the sale of the package of absolute majority possessed by the Region of Liguria in the capital of Datasiel spa and/or with the repeal of the decree of the council of the Region of Liguria establishing the convention relative enclosure 02.
3) I ask that the utilization of funds for any purpose and distributed by any Community institution in favor of the Region of Liguria be examined closely in order to ensure that no one Euro coming from European financing be spent by the Region of Liguria in such a way that Datasiel has directly or indirectly benefited,
4) I ask that - in the case in which the Region of Liguria is discovered to have Community money in such a way that datasiel spa has gained, for any reason, directly or indirectly, benefit - that the European Court of Justice be asked to require from the Region of Liguria the immediate restitution of Community money itself for the part committed to Datasiel.
5) That the European Court of Justice issue an immediate interim order of suspension of all the Community resources which the region of Liguria has at its disposal as long as the Italian state, through this last, does not restore the conformity to Community law in the terms indicated in point 2.
6) In await that the violation of good faith in the sphere of pre and extra-contractual negotiations be included among the general principles protected by the Community law, I ask that the Commission ask the European Court of Justice for the determination of my specific position in the purpose of verifying whether the conditions exist to hold the Region of Liguria civilly responsible towards me, and if so, that it condemn the Region of Liguria to the payment of Euro 200.000 as compensation for damages suffered by my person.
7) That the Commission take into serious consideration how in Italy violation of Community law not as much and not only for the fault of the negligent legislator as much as most of all because of a social praxis which is very diffused, of an ethic in conflict with the national legal system, even before that of the Community, which leads simply to the ineffectiveness of the law; when not to its improper use: something which happens in this case, and frequently, is that some individuals are arrested for crimes that everyone knows have been committed by a moltitude of persons daily but who are not 'touched' thanks to belonging groups of power which are dominant at the time and place.
To this one owes public auctions which are disturbed , corrupt contracts and public competitions which are rigged: starting with those for gaining access to the magistracy or to the university to end with those from which derive a post as janitor in the elementary schools.
8) That the Commission having taken into consideration the above, equip an under-commission with the task of watching over the national praxes of the single member states. Diversely from the committees of surveillance these should operate asking for citizens to report all the phenomena of violation of Community law to its attention and through an office set up for this.
Genoa, December 1, 2002
Gianni Maselli
Piazza Bruno, 4 - 16010
Isoverde di Campomorone (GE)
Tel: 39-10-790464
39-348-9194588
