"The possibility of reaching a legitimate exercise of the power of annulment [must] be anchored to a concrete and current public interest, particularly corroborated". These are the words of the State Attorney's Office, written in black and white in a passage of the opinion on the Ilva tender won by ArcelorMittal that Deputy Prime Minister Luigi Di Maio published today, Saturday 8 September, on the Mise website. And they are the tombstone for the tender review procedure which, in fact, the minister had to formally close by ordering "not to proceed with the cancellation". Everything was published on the website of the Ministry of Development and sent to the company Am Investco Italy and for information to the Ilva commissioners, in which he refers the agreement with the unions signed on Thursday 6 September. The opinion was requested on 7 August by the Mise and the response from the Avvocatura was sent to the ministry on 21 August.
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The reply from former minister Carlo Calenda arrived via Twitter immediately: “Clear now why Di Maio kept the opinion secret! The Attorney's Office fully confirms the previous opinion on raises. There would have been an excess of power if the public interest had not been taken into account". "In a serious country, a minister who distorts an institutional opinion resigns," added Calenda. The opinion was asked on 7 August by the Mise and the response by the lawyer
Clear now why Di Maio kept the opinion secret! The Attorney's Office fully confirms the previous opinion on raises. There would have been an excess of power if the public interest had not been taken into account. In a SERIOUS country, a minister who distorts an institutional opinion resigns pic.twitter.com/mfHVqyqdh8
- Carlo Calenda (@CarloCalenda) 8 September 2018
Here is the reconstruction of the story made by Ansa:
On the failure to reopen the terms of the tender in the face of a substantial expansion of the time margin for the implementation of the environmental plan "if there was a gap, it seems to refer more than to the work of the Administration to the lack of coordination by the legislator, from a pro-competitive point of view, of the deadline for the presentation of offers with respect to the extension of the times for the execution of environmental interventions: in abstract the legislator could have adapted the former to the latter, so as to allow the wider and more aware participation of other subjects ”reads the opinion of the State Attorney's Office published by Deputy Prime Minister Luigi Di Maio on the Ilva website. On the possible non-compliance by ArcelorMittal of some intermediate time limits relating to the environmental requirements: the compliance with the environmental plan of the final binding offer presented by the participants assumes primary importance in the evaluation of the procedure itself”, we read.
"It cannot be overlooked that at the time AcciaItalia did not decide to take any procedural initiative and, at present, it would even be canceled from the Companies Register following the liquidation procedure". It is one of the passages in the opinion of the State Attorney's Office on the Ilva tender, stating that the point on the missed raises presents "aspects of complexity" and adding that "the raises phase could, however, at least in part be considered satisfied by improved offers from the bidders in the context of the negotiation envisaged by the letters of procedure". In the other document published by the Mise on the conclusion of the self-defense procedure, the fact is underlined that this consortium, which was not awarded the tender, is today "in the current state of affairs dissolved" and consequently "any annulment of the deeds with relegation of the proceeding to the relaunch phase would now have no useful effect"
