Coldiretti boasts of being the first agricultural confederation in Europe by number of members, 'over 1,6 million farmers (…) with about 70% of the members of the chambers of commerce'. (1)
Since the number of active Italian agricultural enterprises is less than one third of the members of the said confederation, a couple of doubts arise. Could it be true? And if that's true, how is that possible?
A solution to the enigma could come from the defensive writings of the Provincial Federation of Coldiretti Forlì-Cesena, in a civil trial where it is agreed. (2) And even more serious doubts emerge.
Agricultural enterprises active in Italy
The farms, according to the statistical definition adopted by ISTAT, are the technical-economic units subject to unitary management that carry out agricultural and / or zootechnical activities. This notion includes units that produce in whole or in part for self-consumption, i.e. without any marketing activity.
In Italy, according to ISTAT, there are approximately 1,7 million 'farms' as defined above. (2) However, only 415 thousand are the companies that carry out their main activity in the agriculture, forestry and fishing sectors. (3). Of these, 349 thousand (84%) are sole proprietorships. Active enterprises have on average two employees, 60,5% of them have no employees.
Automatic registration?
The Provincial Federation of Coldiretti Forlì-Cesena - according to the lawyer who represents her at the Forlì court (4,5) - she would apply her statute with a sort of 'automatic membership'.
'When applying, the Federation, in the case of association of a legal person, in addition to associating the legal person ex se, also proceeds to enroll each managing partner as well as any assisting staff (e.g. family collaborators), provided they are registered in the agricultural contribution.
In the case of legal personalities such as limited liability companies, consortia etc (...) has the qualification of partner of the Federation, in addition to the legal person, by qualification "conventional", also the legal representative of the administrative body (or who conventionally the legal person partner should believe to identify and indicate to the Federation instead of the legal representative). (4)
Unaware members?
Automatic membership to which the lawyer of Coldiretti Forlì - Cesena made explicit reference, in the terms indicated above, seems to be confirmed precisely in the absence of feedback from the provincial Federation to a registered letter received exactly two years ago, on 15.4.19.
A farmer - with different roles (owner, partner, director) in a consortium company, an agricultural cooperative and a simple company - 'not remembering to have ever subscribed'any request for membership to Coldiretti, has asked to view every form and card possibly in his name. No reply.
Freedom of association
'Citizens have a right to associate freely, without authorization, for purposes that are not prohibited to individuals by criminal law.
Secret associations [6] and those that pursue, even indirectly, political purposes through organizations of a military nature are prohibited ' (Constitution of the Italian Republic, article 18).
Freedom expresses itself in the faculties to establish and / or join an association, participate in it, withdraw. In parallel with the freedoms to join or not to join trade unions and political parties (Italian Constitution, articles 39, 49). All of which presuppose the fundamental human right to freedom of thought, therefore first of all to be aware and to be able to decide, without external conditioning.
Privacy
The statute of Coldiretti in its latest reform, it prescribed 'the adoption by the Federations of Statutes in compliance with the confederal directives', that 'it must take place no later than one hundred and eighty days from the issue of the directives themselves'(Article 5.6). And it is impossible to change these statutes without the placet of the vertices of Palazzo Rospigliosi. (7)
Doubt is expressed that the 'automatic membership' system proudly declared by a provincial Coldiretti responds to the practices of the entire system which boasts a number of members exceeding three times the number of active agricultural enterprises. If this were the case, the equally serious issue of privacy. Namely, the processing of personal data for purposes not authorized by the holders of the respective rights. In open violation of the 'General Data Protection Regulation'(GDPR). (8)
Representation and 'trade union'
Which subjects it represents Coldiretti and for what purposes? How extensive is the automatic registration system? Is it able to confirm the existence, the awareness of the data processing of all registered members over the years - for membership purposes - and their authentic subscriptions of all registered members? And above all, what is Coldiretti? If it were a mere agricultural union,
- why admit that they are associated with it 'entities pursuing financial, credit and insurance activities', (9) in conflicts of interest with the farmers themselves?
- on what basis to stipulate a downward agreement on unfair commercial practices with Confindustria and Federdistribuzione, even admitting below cost sales? (10)
- how to reconcile 'union' activities with activities of business which, among other things, record personal and / or family interests and shareholdings of the same leaders of the 'union'? (11)
#VanghePulite
Dario Dongo
Footnotes
(1) Coldiretti, case history. Abaco Group, https://www.abacogroup.eu/it/case-history/coldiretti.html
(2) ISTAT. 7th general census of agriculture, information on the survey. 26.2.21, https://www.istat.it/it/archivio/252629
(3) ISTAT. Italian agricultural enterprises in the Asia register (2018 data). 10.11.20, https://www.istat.it/it/archivio/250113
(4) Civil Court of Forlì, RG 2063/2019. Appearance of the constitution and response 17.10.19 signed by the lawyer. Romina Magnani, in the interest of the Provincial Federation of Coldiretti Forlì-Cesena
(5) The bylaws of Coldiretti Forlì-Cesena, according to what is deduced in the statement referred to in the previous note, provide for the following. 'Direct farmers, professional agricultural entrepreneurs, professional agricultural cooperatives […] are members of the Federation. The other agricultural entrepreneurs, natural or legal persons referred to in art. 2135 cc consortia, agricultural producers, owners of agricultural land, family collaborators and agricultural pensioners as well as associations and any other entity and person operating in the agricultural, fish, agri-food, environmental and rural and territorial sectors'(Coldiretti Forlì-Cesena statute, article 5)
(6) Associations are defined as secret when they conceal their members, conceal social aims and activities or interfere with the functions of constitutional bodies. The Constitution prohibits secret associations'for their undemocratic nature, since they do not allow any popular control over their activity'. It must therefore be understood as prohibitedthat association that, systematically and by program, works to ensure that public opinion only knows about its existence and activities what the association decides to disclose'(Giuseppe Ugo Rescigno. Public Law Course. 15th edition. Zanichelli, Bologna, 2014. ISBN 9788808065957)
(7) Statute of the Coldiretti National Confederation, 20.12.13. See article 5.7. https://www.coldiretti.it/wp-content/uploads/2017/09/StatutoConfederazioneApprovato_20_12_2013.pdf
(8) Fabio Zaninetti, Dario Dongo. Privacy and GDPR, the ABC. GIFTS (Great Italian Food Trade). 20.3.19/XNUMX/XNUMX, https://www.greatitalianfoodtrade.it/consum-attori/privacy-e-gdpr-l-abc
(9) National Coldiretti Statute, article 10.1. last paragraph
(10) Dario Dongo. Unfair commercial practices, double-discount supply chain agreement. GIFTS (Great Italian Food Trade). 7.3.21/XNUMX/XNUMX, https://www.greatitalianfoodtrade.it/mercati/pratiche-commerciali-sleali-accordo-di-filiera-al-doppio-ribasso
(11) Dario Dongo. CAI SpA, Federconsorzi 2. Federico Vecchioni's Big Binge and Coldiretti's magic circle. GIFTS (Great Italian Food Trade). 16.2.21/XNUMX/XNUMX, https://www.greatitalianfoodtrade.it/idee/cai-spa-federconsorzi-2-la-grande-abbuffata-di-federico-vecchioni-e-il-cerchio-magico-di-coldiretti
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
