Desenzano Loan Slip Applications Exceed Capacity as Regional Rules Clash
It will still take some time before boat owners who have submitted applications to obtain a boat slip in concession in Desenzano can learn the outcome of their requests. Nearly 700 applications have been received at the Comune protocol office, compared to the 450 berths available across the four municipal ports (formerly regional): Zattera and Rivoltella in the respective hamlets, then Porto Vecchio and Pontili. This has broken the record of 500 applications reached in previous years.
Meanwhile, the municipal Technical Office, which is awaiting a thorough and meticulous evaluation, is waiting to understand the effects of the decision made by Oreco, the regional control body, which has asked twice to remove a «privilege» that Desenzano – and also all other lakeshore municipalities – had included in the tender process. This pertains to the principle of «right of insistence» provided by the Navigation Code, which recognizes that the public administration grants to users if they have already enjoyed the concession of a boat slip, compared to a new candidate.
The principle of the right of insistence
In the ranking, when rights are equal, the previous concession holder would be favored. However, this principle has not been deemed legitimate by the regional control body, and the Region itself, which reiterated in a circular the inapplicability of the «right of insistence». There are two opposing theories on the matter: one argues that the right of insistence applies when it concerns renewal of the concession, while the other considers it applicable at the discretion of the Administration regardless.
Meanwhile, Sirmione, the first among all Garda municipalities, has already drafted its ranking («Bresciaoggi» published it in the edition of Sunday, January 21), and now awaits the payment of fees by the «lucky» applicants, amounting to 33,000 lire per square meter. The deadline: February 28.
Other municipalities, such as Gargnano, are waiting to proceed with their rankings. The Alto Garda Mountain Community has instead applied the straightforward principle of a lottery regardless of application submissions. But even the Gargnano authority has established the principle of the right of insistence, with all the uncertainties related to Oreco’s opinion.
Returning to Desenzano, the «mystery» of the seven hundred applications remains to be clarified. Industry insiders suspect that more than one «candidate» may have had applications submitted by in-laws, grandparents, and relatives. The reason? Simple: to increase the chances of being selected by lottery.
However, the Comune has already decided to enforce strict measures. Through the Urban Vigilance, it will conduct checks in due time to verify the truthfulness of the applications. Photographs of the vessel, declarations contained in the form, self-certifications, and other statements found to be untrue could result in penalties, including criminal sanctions.
Not to mention the seizure of the vessel. Lastly, an interesting curiosity: numerous applications from abroad have also arrived at the Comune of Desenzano.