Water Common Good Given that:
the water is a vital and indispensable for life. Therefore, availability and access to drinking water and water required to satisfy the collective needs, is an inviolable human right, a right universal, indivisible that can be counted among those foreseen by reference. 2 of the Constitution, since the promulgation of the European Water Charter (Strasbourg 1968) the concept of water as a "common good" for excellence has been established worldwide. Moreover, the "good water", although renewable, resulting from human activities can run out: it is so individual and collective responsibility to take care of this asset, use it wisely, and save to make it accessible to all present and available for future generations. The European Parliament resolution of 15 March 2006 states "water as a common good of humanity" and calls make all efforts necessary to ensure access to water for the poorest people by 2015 and insists that " management of water resources is based on a participatory and integrated approach involving users and policy makers in defining policies on local water and in a democratic manner. "
addition, the European Parliament resolution of 11 March 2004 Strategy Internal Market - Priorities 2003-2006 - already stated, in paragraph 5, "since water is a common good of humanity, the management of water resources should not be subject to internal market rules." The same organs of the EU have repeatedly pointed out that some categories of services are not subject to the Community principle of competition, see for example the Commission Communication to the European Parliament COM (2004) 374: "... .. the public authorities (State , regions, municipalities) are free to decide whether to provide a service of general interest or entrust this task to another institution (public or private) "; is also known that there is no European standard that stipulates the obligation for public companies to become private companies (as emphasized by: Court of Justice, 2005, 2003 and 2006 the EC Commission, EC Parliament, 2006).
CONSIDERED
also to substantiate the principle of water as a universal and inalienable right, and to reorient the system of reduced fares for social groups less abbientiverso a system that ensures greater accountability of users and policies for water saving, be appropriate to include within the definition of the service order idricointegrato as essential public service, interest general, no economic importance.
NOTING the need to locate and its basic principles regarding the design of water as a "common good" in the following terms of integrated water management InItalia is currently governed by Art. 23a Law 133/2008 provided that, ordinarily, the conferral of management of local public services to entrepreneurs or companies through the use of race by forced entry of large private and the recent Article 15 of Decree 135/2009, which amended Art. 23 a move even more decisive steps towards the privatization of water services and other public services, providing entrusting the management of public services in economic importance in favor of employers or companies in any shape formed identified through competitive procedures open to public, or alternatively a joint venture company with private capital, public and private not less than 40%; the termination of credit facilities in house to fully public company, controlled by the municipalities (existing at the date of August 22, 2008) on 31 December 2011.
ASSESSED
that this is an epilogue to avoid, for a inviolable concept that includes water as a universal right and not as a commodity, because expropriation drinking water from the control of Public and local citizens, because water delivery to the market with all the social consequences that this can generate.
Therefore, in light of the foregoing, it is proposed to City Council approval of the Lonato the recruitment of the following principles:
- water is a good, a universal human right not subject to mechanisms market access which must be protected for all citizens, individually and collectively, the availability of and access to drinking water is guaranteed as inalienable and inviolable rights of the individual and are manifested in the commitment to provide citizens with a minimum daily life ; ownership and management of water must be public and based on criteria of equity, solidarity (also in relation to future generations) and respect the ecological balance, human consumption of water resources must take priority over other uses;
- the Integrated Water is an essential public service, public interest, devoid of economic significance, and as such not subject to the discipline of competition, but falling within the exclusive competence of the Region (art. 117 of the Constitution) that must be managed with mechanisms to ensure social participation.
CONSIDERS that the management of water service to be implemented through a public corporation, as a public service essential to ensure access to water for all and equal human dignity for all citizens.
estimated that the decree of the Government
inhibits any necessary policy ripubblicizzazione the integrated management of the public, while noting that the current expectation on being in the City of Lonato, see the management of a company holding a majority public (communes of Brescia and Milan, while in 'ATO Basso Garda there are many forms of water service management in the hands of a myriad of public and private).
CONSIDERS
the town of Lonato should be achieved all necessary measures to maintain water service management in the hands of an operator to completely public character or to a public company in the alternative area of \u200b\u200bpublic law in order to pursue the full right to freely choose the way of reappropriation of direct management of the service . The City Council
Engages the Council Commission jurisdiction to prepare an amendment to the statutes in order to:
- confirm the principle of public ownership and management of integrated water services and that all waters, surface and groundwater, even if not submitted subsoil, are public and are a resource to be used according to criteria of solidarity;
- recognize that the management of water service is a public service free of local economic importance, as a public service essential to ensure access to water for all and equal human dignity for all citizens;
- promote a form of public management, including those provided by law, guaranteeing full compliance with these principles and objectives and to support the broader democratic participation of citizens.
Engages the City Council to take all appropriate actions to counter the measures foreseen by art. 23 ea Lg. 133/2008, as amended by Art. 15 DL 135/2009, which will lead, in many territorial, the making of race management for integrated water services and water delivery to the private sector by 2011.
states as its priority objective of ripubblicizzazione the management of water services according to the procedures laid down in Article 31 and 114 of Legislative Decree no. 267/2000; binding on the City Council to prepare a plan ripubblicizzazione management of integrated water services and to define all the financial aspects.
