Naples – “Now that the regional elections are behind us, we can say: the case ended in an impasse Campania legal unpublished, that will also be very challenging and interesting dissolve, provided you do not let pull to the jacket no fear of exploitation. My opinion? I do not give for granted the interpretation that De Luca should be suspended immediately after the proclamation. ” Raffaele Cantone breaks the silence “political”, a magistrate and president of anti-corruption had opposed during the long, poisoned the regional campaign that inflamed political relations on the axis Naples-Rome.
Canton President, authoritative jurists argue that De Luca should not have time to appoint his council, but be suspended one minute after the announcement.
“I think that the issue is controversial. There is in my opinion, another interpretation. Articles 7 and 8 of the decree law that call Severino foresee the revocation or suspension. And it intervenes in cases where the administrator has been convicted but has not become final, just like De Luca , sentenced in first instance for abuse of office. In other words: if you suspend immediately, without allowing directors elected to the board to settle and work in relation to the junta, should declare the dissolution of the board for inability to function. And the suspension provided by Severino, which has a function of a precautionary nature and a provisional nature, would become a de facto decline “.
However, the recent judgment of the Supreme Court ruled that the suspension is an “act bound” and that, in the presence of conditions, there is no evaluation of discretion.
“Sure, it is. But the question is: when there are the conditions? They are rooted in the time when there is only one nomination, or when the administrator, in this case the Governor of the Region, has taken on a regular basis from which those functions must be temporarily moved away? “.
Canton, will say that she has a thesis pro Renzi and De Luca?
“I know that the drama of this story is that a purely technical legal matter will be accessed with a key or political instrumentalization . But I’m reading that did not affect me. Instead, I believe that the Prime Minister should appeal to all the best advocacy of the State and Italian jurists. Without any fear or pressure, because the solution you will find today jurisprudence “.
But the Democratic Party could avoid plunging into this dead end?
” It is a puzzle unprecedented. I repeat: even fascinating, for those who love the potential of the law. Obviously it would be better avoided such a complication, but this evaluation is not for me. “
De Luca says will solve the Parliament. In fact thinks the government.
“A decree law would be meaningless. And for any changes in Parliament we need to time and certain solutions meditate. As anti-corruption authorities, precisely on June 10, we will launch a comprehensive proposal on Severino to be given to Parliament, for some damage and problems that Severino creates in other directions, which has nothing to do De Luca. Because that law is sacrosanct, it is essential and must remain. But a measure of improvement that should be thought about. “
Meanwhile, the era De Luca starts with the lawsuit to Bindi. What do you think of the black list of the Anti?
” I think Mr Bindi, even though he had a specific experience, he was doing his job very well, with the ability to take over the topics and the complexity of the nodes that is typical of high-level policy: once Did I also recognized the the presence of the prime minister. But this story of unpresentable was, for me, a serious misstep, an institutional error “.
Why distorts the function of the Anti?
” For various reasons. First, it is dangerous and misleading logic “institutionalize” the unpresentable, which by their very nature can be candidates, eligible, not investigated yet unfit to enter the civil service, for example for unscrupulous transformation; or because it is more serious than a politician is accompanied constantly in the gray or people affected, compared to being indicted for abuse whatsoever. Second, in this way, it is likely to produce un’eterogenesi of ends; that is, to give the blue sticker to many who, not finding himself included in that list, they feel fully legitimized. And finally, because this leads to the mafia and its fundamental, indisputable sacred function would say, to do and to talk to each other. The committee should investigate, seize links, investigate phenomena “.
If the expected De Luca would have sued?
” Yes, I had said. Indeed, as a citizen I would hope that as governor De Luca will be timely and accurate with all the other promises as it has been in the file the complaint “.
No comments:
Post a Comment