- 02/03/2020
- Posted by: Marta
- Category: Questions and answers
Dear Dario,
The health alert measures and containment of the spread of the coronavirus (Covid-19) have brought out some contradictions. Some municipal administrations, in tolerating the assault on supermarkets in closed spaces, have instead suspended farmers' markets. Which, among other things, take place outdoors, without significant concentrations of people.
Thus, in a country town like Mantua, we witness the paradox of empty shelves in supermarkets and unsold products in the fields. Vice versa, the mayor of Milan, as is logical, urged citizens not to crowd the supermarkets but to favor the markets of small producers and neighborhoods. Other Lombard mayors - from Bergamo to Cremona and Bergamo, as well as in the province of Mantua itself (Suzzara, Ostiglia and Castel Goffredo) promptly reactivated the farmers' markets. Which took place continuously in Veneto and Emilia-Romagna.
What is your opinion on this?
Many thanks as always,
Luca
The lawyer Dario Dongo, Ph.D. in European food law, answers
Dear Luca good morning,
the contingent and urgent ordinance 24.2.20 of the mayor of Mantua has effectively suspended, with immediate effect, some city and farmer markets that take place in the area. With the justification of wanting to avoid the gathering of people who instead - as stated in the motivation of the ordinance - would be excluded a priori in the local markets, instead admitted to continue the activity.
The Municipality of Mantua has already committed an offense - object of recent censorship by the State Council - in the procedures for awarding tenders for the direct sale of agricultural products. And now it discriminates against farmers' markets over those of those who trade similar products. (1)
The discretion administration of the Municipality, in this case, seems to escape the criteria of proportionality and adequacy that should guide it. Considering also that the ordinance of the Ministry of Health in agreement with the President of the Lombardy Region 20.2.20 admits, in principle, market events (including municipal markets). with the restrictions envisaged for shopping centers. (2)
The same decree of the Prime Minister 23.2.20 - in following up the ordinances adopted by the Ministry of Health in agreement with the Lombardy and Veneto Regions - could be understood in the sense of favoring distribution outlets over markets. (3) To the extent that markets are considered as 'events' - like trade fairs and concerts - rather than as commercial activities of public utility.
It is essential therefore to clarify unequivocally the essential role of farmers' and neighborhood markets, like supermarkets and hypermarkets, as commercial activities of public utility. (4) Also by local authorities. Faced with the real risk of penalizing not only consumers - unnecessarily depriving them of precious sources of supply of essential goods, such as food - but also farmers dedicated to direct sales and other economic operators.
Cordially
Dario
Footnotes
(1) Discrimination between peasant markets (suspended) and local markets (allowed to continue their activities) is justified by the lower influx of consumers and the small number of operators (<10) who participate in the latter. Ipse dixit the mayor of Mantua, in motivation of the order of 24.2.20
(2) The decision of the local authority of having to apply further measures, albeit without prejudice to the Ministries of Health - is always and in any case subject to the criteria of proportionality and adequacy
(3) Cf. decree of the President of the Council of Ministers 23.2.20. Implementing provisions of the decree-law 23 February 2020, n. 6, containing urgent measures regarding the containment and management of the epidemiological emergency from COVID-19,
(4) Pursuant to law 12.6.90 n. 146, articles 1 and 2
