NapoliThe mayor's order remains in force Napoli, Gaetano Manfredi, to regulate the city's nightlife. The fifth section of the Campania Regional Administrative Court rejected, also on the merits after having previously rejected the request for a stay, the appeal presented by the traders against the provision in force since February 17, 2022.
The administrative judges have held – as stated in the ruling – that with respect to the balance between the interests involved, that "the administration, with the adoption of the ordinance, has achieved a reasonable balance between the purely economic interests of the entrepreneurs in the sector and the public interest in preventing and limiting the recorded phenomena of urban decay and danger to public safety, it being beyond doubt that an unlimited or uncontrolled proliferation of the phenomenon can only increase the risk of diffusion of the reported dangerous situation, with prejudicial consequences both on the personal and family life of the residents, and on urban hygiene and on the control of the territory against acts of petty crime".
Going into the specifics of the measures contained in the order, the judges state that the time limitation "appears to meet the requirement of proportionality since it is potentially suitable for achieving the intended objective: by reducing the opening hours of commercial establishments, the supply of food and alcoholic beverages is reduced, resulting in a reduced attractiveness for regular visitors to the urban areas concerned" and "only potentially is the measure suitable for determining a drop in revenue and does not preclude traders from implementing a different organization of business activity to deal with the feared negative economic situation".
The judges, in emphasizing that the ordinance is in force for only four months, consider the mayoral ordinance "sufficiently motivated and not manifestly illogical or unjustified in reference to the need to deal with a situation of serious degradation that has become a serious source of danger for public safety, urban security, decorum, hygiene and the normal coexistence of citizens, with the consequence that such a situation cannot be considered devoid of the requirement of emergency which, according to constant jurisprudence, justifies the recourse to the power of the union".
Article published on March 23, 2022 - 14pm
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