Business & lobby, a tender with a serious "original sin"
Ita's law firm had been called to study the territorial continuity
Many are angry with the airlines, as if they were solely responsible for the territorial continuity disaster. In reality, the lords of the skies, in Sardinia, have always tried to speculate with both hands, with monopolies and blackmail of all kinds. Territorial continuity served for this, to stop speculation and guarantee an inalienable right, that of mobility in an island region. The history of the last twenty years is an encyclopaedia of systematic raids by airlines on state and regional buildings to try to prevent in any way the protection of the public air connection service to and from Sardinia. Never, however, had there been a conflict of interest like the one unleashed in the last territorial continuity, the one that decimated frequencies and flights in an instant, canceling the most important conquest of recent years, the single tariff for "residents" and "non-residents".
Constitution violated
The first serious mistake was to give in on such a decisive issue as that of the single tariff, making the most important recognition of the insular principle disappear, conquered when the Constitution did not make any reference to it. Absurdly, the Region and the State, the decree is adopted by the Minister of Infrastructure on the proposal of the President of the Regional Council, yielded on the most important point when the Parliament recognized the right of Sardinia to cancel the insular differences. But who defended that principle in the community, if there was any need to defend it, given that it had been in force since 2013 without anyone ever raising remarks? It has been said that there would be emails from European Union officials with which objections would be raised. In the public administration, especially in the face of a right recognized by the Constitution, e-mails are waste paper, they count for nothing.
Europe's misstep
The procedure is clear: the Region adopts its territorial continuity, the Minister validates it and sends it to Brussels. All this with formal steps: resolutions and decrees. The European Commission, the Transport Commissioner, can then open negotiations with the State and the Region. However, if Europe should harm the rights of Sardinia and the Sardinians, there are courts, from the first to the last, to be invoked to defend the right on equal terms between territories and citizens. In reality, none of this ever happened.
Legal of Italy & Region
Here is the most serious vulnerability of this story: in order to define the new territorial continuity, the Region has relied on a "Legal assistance and technical support service for the definition of a new air territorial continuity regime, with obligations of public service, on the routes to and from Sardinia". The assignment of the transport department is direct. Basically no competition. A study is chosen: «a primary Advisor with significant experience in the sector». The assignment also includes an addendum, to support the economic evaluations of the tender.
The single tariff has disappeared
In that proposal for new continuity, the number one enemy of the airlines disappears out of the blue: the single fare, an essential element of the recognition of the universal right to mobility. Despite the risk declared on several fronts, with the excuse that it would have been a temporary ban, the Region goes on regardless of the renunciation of a fundamental right, to be extended if anything from 9 months to 12, but certainly not to be annihilated without a fight as a gift to airline companies. The result is a disaster. On the basis of that tender, it was ascertained that the cost estimate of the tender notice was totally unrealistic, given that Volotea won the tender with a reduction of over 40%. The crime, however, takes place a few days later when Ita, the state company, challenges the call for tenders and the awards to Volotea.
Conflict of Interest
When the Judges of the Sardinia Tar are about to express themselves on the dispute, in the middle of the Courtroom, the clash between lawyers becomes very hard, so much so that the Region's robes detonate the case of an unprecedented conflict of interest. In fact, Ita's lawyers belonged to the law firm that had signed up for legal advice with the Region a few months earlier to write the new territorial continuity. In practice, in the heart of viale Trento air transport, none other than the law firm of one of the competing airlines had operated. It is not known whether the Department of Transport, as it was dutiful, has ever reported this situation to the competent bodies, certainly the regional Attorney's office should have done it given the seriousness of the facts that emerged in the trial.
To err humanum est
The "original sin" of this territorial continuity, which failed even before being born, was not enough to stop the Region. Two months ago the same tender, with the same figures, with the exact same conditions of the bankruptcy just registered, was republished without any changes. In other words: errare humanum est, perseverare autem diabolicum . In short, even in the Sardinian skies, persevering is diabolical.
