With the arrival of summer, noise intensifies to the detriment of those who live in the centre, near nightclubs, where nightlife lovers linger. But if the noises are too loud and therefore harmful to the health of the residents, and compliance with the rules of public peace is not guaranteed, the Municipality has the duty to pay the damages.
The sentence A sentence from the Cassation says it to which a couple who live in the heart of Brescia had turned. And it could have enormous consequences for municipal budgets. “A legislative intervention would be needed that combines responsibilities with powers, in order to then enforce the rules – confirms the mayor of Ravenna and president of the Union of Provinces Michele De Pascale – because the economic damage for the Municipalities could be enormous”. The spouses, says Il Messaggero who anticipated the provision, turned to the court for the first time in 2012, obtaining reason and compensation of over 50 thousand euros but the Municipality appealed and won. Now the stoats have proved them right, overturning the Appeal sentence, establishing that it is up to the Municipality to guarantee the protection of the private individual who complains of the infringement of a right to health. In particular, the judges of the Supreme Court have ordered a bis appeal so that, in compliance with the principles of health protection, a new trial can quantify the damages suffered by the Brescian couple. “A sentence – explains De Pascale – which fits into a regulatory framework as intricate as that of noise pollution. We in Ravenna have tried our hand several times with ad hoc ordinances, using fixed electronic sound level meters, to try to keep the right to peace of the residents with the vitality of the centers or beaches and the right to healthy entertainment even in the heart of the city”. This is why, “a legislative intervention would be needed that combines responsibilities with powers, in order to then enforce the rules”.
Rome’s proposals For Alessio D’Amato, opposition regional councilor in Lazio, “It is an important sentence that recognizes the prevalence of the right to health as inalienable with respect to the so-called nightlife. The Municipalities will have to equip themselves if they do not want to be overwhelmed by requests for compensation”. “It seems to me an excessive measure – is the opinion of the Councilor for Culture of the Municipality of Rome, Miguel Gotor – because it is difficult to identify a direct responsibility of the public administration. To stem the negative effects of the so-called bad nightlife, or the disturbance of the peace public, degradation, acts of vandalism, we must try to prevent them with special measures, for example the early closure on weekends of the mini markets that sell alcohol as we did in Rome starting from mid-May and also through the promotion of artistic initiatives and cultural events in the areas of the city most affected by the phenomenon, as we are trying to do with this latest announcement of the Roman Summer”.