twelve o’clock, 25 March 2021 – 08:53
The TAR: the Municipality should have entered into an agreement with the Ministry by preparing “defined development plans” and the property is owned by the State Property
of Fabrizio Geremicca
NAPLES – The eviction that the Municipality of Naples had brought against Vincenzo Albertini and his underground Naples association, which for many years has been managing the cavities below Piazza San Gaetano, in the historic center, is sinking before the judges of the Campania Tar. where he accompanies Neapolitans and tourists on paid itineraries and guided tours.
The seventh section of the administrative court ruled that Palazzo San Giacomo, which on 21 February 2020 had rejected the application for renewal of the concession expired in 2014, cannot expel Naples Underground for a trivial and surprising issue: those spaces are still not owned. municipal, but of the State Property Agency. If it is true, in fact, the administrative judges argue in the sentence that accepted the appeal of the association, defended by the lawyer Andrea Maffettone, that the Agency in 2015 transferred the complex of former anti-aircraft shelters to the Municipality free of charge, it is equally true that the cavity in question, the one with access from Piazza San Gaetano, in 2012 was declared of historical interest. It is therefore part of the assets of the cultural property and as such is subject to a particular regime. The latter provides that at the time of the transfer by the State Property Agency the Municipality should have stipulated an enhancement agreement with the Ministry of Cultural Heritage and the Agency itself, “for the redevelopment, safeguarding and protection of the good “, and should have prepared” programs and strategic plans for cultural development, defined and shared “. None of this has been done and, consequently, the sale of the cavity from the State Property to the Municipality is not valid. It’s as if it never happened. The property therefore remains in the hands of the State Agency and the municipal administration had no right to dislodge Albertini.
It is likely that Palazzo San Giacomo will try to revenge the Council of State and will appeal against the sentence of the Campania Tar. In the meantime, however, the Municipality will have to renounce the eviction, which it had also motivated with the judicial events concerning Albertini. In fact, in 2019 the founder of Naples Underground was sentenced in the first instance by the labor judge Paola Coppola to compensate Alessandra, a former guide who had sued him, with 81,000 euros. The girl, making use of witnesses, had told of having worked from December 2014 to March 2017 up to 12 hours a day and to have received a salary of 4 euros per hour. Albertini filed an appeal. The founder of Naples Underground was also sentenced in the first instance by the Court of Naples to 20 months in prison for sexual violence – he was charged the penalty provided for in minor cases – on another girl who worked with him. The sentence is from July 2020 and the appeal is pending before the Court of Appeal. Both complaints were the result of a campaign promoted by the militants of the former occupied Opg, who had collected testimonies.
March 25, 2021 | 08:53