Rome, March 5 – The Lazio Regional Administrative Court (TAR) has suspended a resolution by Rome’s Municipality I (Centro) dated December 18, which had eliminated dozens of street vendor stands in the capital’s historic center. This decision comes despite the possibility for merchants to benefit from an extension until December 31, 2026. The TAR issued four similar orders, with discussion hearings for the appeals set for mid-June.
Challenged Act Deemed “Immediately Harmful”
The judges considered the challenged act to be “immediately harmful.” They noted that the act indicated that some stands were suppressed due to a non-derogable constraint imposed by the Galloni decree, which concerns specific cultural or landscape protection in the Lazio region. However, the judges also highlighted that, following a 2015 Constitutional Court ruling, the same decree must be considered illegitimate if challenged in court for failing to reach an agreement with the Region.
TAR Reiterates Need for Bidding Process
Consequently, the TAR decided to suspend “both the Galloni decree, concerning the Lazio Region, and resolution number 34, limited to the positions” of the appealing parties. The appeal, however, does not present “grounds for merit, particularly in light of the obligation not to apply national legislation aimed at extending concessions without a bidding process.”
The decision by the Lazio TAR effectively grants a temporary reprieve to street vendors in Rome’s historic center, allowing them to maintain their positions for now. This ruling stems from a series of appeals filed by the vendors against Municipality I’s resolution, which sought to remove numerous stands.
Background to the Dispute
The dispute originated from the Municipality I’s resolution on December 18, which approved the “Municipal Plan for Public Area Commerce.” This plan included the elimination of several vendor locations, despite a national provision allowing for the extension of existing concessions until the end of 2026. Vendors argued that the municipality’s decision was premature and disregarded their legal right to continue operating.
The Galloni decree, a key element in the municipality’s justification for the removals, has been a contentious point. Its legality has been questioned, especially in cases where it has been applied without proper consultation or agreement with regional authorities, as highlighted by the Constitutional Court’s 2015 ruling.
Impact on Street Vendors and City Economy
For the street vendors, many of whom have operated in the historic center for decades, the initial decision to remove their stands represented a significant threat to their livelihoods. The temporary suspension by the TAR offers them a crucial period of stability, allowing them to continue their trade while the legal process unfolds. The presence of street vendors is also an integral part of Rome’s vibrant street life and local economy, attracting both tourists and residents.
Future Implications and Further Legal Steps
The upcoming discussion hearings in mid-June will be critical in determining the long-term fate of these vendor stands. The TAR’s emphasis on the “obligation not to apply national legislation aimed at extending concessions without a bidding process” suggests a broader legal principle at play, indicating a potential shift towards more competitive and transparent processes for public concessions in the future. This could have implications not only for street vendors but also for other businesses operating on public land.
The city of Rome faces the challenge of balancing the preservation of its historic and cultural heritage with the economic needs of its citizens and the desire to maintain a lively urban environment. The outcome of these legal proceedings will undoubtedly shape the future landscape of commerce in the capital’s iconic historic center.
Source: https://roma.corriere.it/notizie/cronaca/26_marzo_05/roma-il-tar-sospende-i-divieti-del-i-municipio-via-libera-alle-postazioni-degli-ambulanti-nel-centro-storico-d6918826-d7b6-422b-8045-773c290d0xlk.shtml
