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This article was published June 1, 2015 at 17:38.
The last change is the June 1, 2015 at 20:31.
After the battle of the polls, that of official documents. At polling stations closed, they see the victory of the Democratic Party candidate Vincenzo De Luca almost three percentage points from the outgoing governor of Stefano Caldoro center, but also to exploit the surprise of grillina Valeria Ciarambino in with over 17% of the votes, the word goes lawyers. The head of the neo governor fact hangs the sword of Damocles of the law Severino (n. 190/2012), which requires the premier immediate suspension of De Luca, who was sentenced in January in 1st grade for abuse of office. A fixed course that according to the Democratic Party will not report any case the bells to the polls. Concerned about the “institutional chaos” grillini however, have filed a complaint in Prosecutor distrusting Renzi circumvention of the law in some way.
Giarambino (M5S): Renzi is guarantor of the institutions and not Pd
In a press conference in the House, Ciarambino explained that the formal notice to the Prime Minister, presented in a prosecutor Selerno a week before the vote, and also addresses the Presidency of the Council of Ministers and the Interior Ministry, is accompanied by request “act up institutional guarantor before to protect his interest especially as Secretary of the Democratic Party.” “So – he assured – Make sure that De Luca will be immediately suspended and not to be allowed to appoint a vice president that no one has chosen and that it is not known for how long you should govern our region because you will have to wait the time of the ordinary justice. We will not give respite to those who dare to put their thirst for the chair in front of a state law. ”
The Supreme Court: no on suspension at the discretion of the prefect
In choosing M5S has weighed heavily the recent order of the Supreme Court which awarded the ordinary courts jurisdiction over acts related to the law Severino, allowing the application of the defense of the citizen movement against the competence of the administrative courts. In a passage of the motivations, the supreme courts have made it clear that it is not attributed to the Pa “any discretion as to the adoption of the suspension,” as set by law for Severino. Consequently, “the prefect is not attributed any independent appreciation regarding the adoption of the suspension and is not allowed to modulate the effect or duration based on the weighting of competing public interests.”
The three options of ordinary courts
For the rest, the Supreme Court ruled that the power to decide the application of the law Severino politicians consdannati resulting suspension of elective office lies with the ordinary courts and not Tar, as hitherto. In this case, when the prefect will proceed to contest the election in the civil courts of De Luca placing his suspension, the judge will have to decide between three options: first, to decide on the merits will not reinstate De Luca; alternatively, it may decide to challenge the law before the Constitutional Court Severino (alongside the appeals already promoted by the Tar Campania in connection with the case De Magistris and the Court of Appeal of Bari for the suspension of unpolitico Puglia: in the case, the questions should be gathered together and decided, presumably after the summer) by suspending the effects until the decision of the Constitutional Court, leaving the governor in office until then. Finally, it may decide to suspension warrants and other rights, rule on the substance after the ruling of the consultation.
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