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And now? And now what happens after that Matteo Renzi has thrown the ball in the field of Vincenzo De Luca , suspending convicted of abuse of office as Governor of Campania as required by law Severino, rather than lay the decree on a personal that would allow him to appoint vice and come without worries, receiving the opinion of the ‘ State Attorney ? Open new scenarios. He writes groping case law on the skin of the Campania . And by De Luca, left alone by Renzi at the climax. Let’s recap.
The suspension decree of the Prime Minister is an act recettizio and also be notified to the Regional Council of Campania . Council to meet on Monday morning at 10 with four agenda items: acknowledgment of proclamation of directors, election of the chairman of the regional bell, election of ‘ office Presidency , exposure of the government program by the President of the Regional Council (or De Luca) and question . The last point is what matters most. According to the Charter of Campania, De Luca may appoint deputy and councilors only after explaining classroom program guidelines. But will enter the courtroom to do this?
At this time lawyers M5S Oreste August and Stephanie Marquis are writing a formal notice to the Prefect of Naples Gerarda Maria Pantalone to notify immediately the suspension to De Luca and the Regional Assembly. Obviously the prefect will notify the act only after receiving it from the government. First scenario . De Luca is reached by the notification of the suspension or until Monday morning. At that point has before if two options . First, do not go to the classroom, but the strong opinion of the State Attorney that the suspension can not turn into a disqualification of fact and can not lead to paralysis of the region and the decadence of the Regional Council , opinion quoted by Renzi press conference while announcing the suspension (“be glad those of Fact Daily “), appointed vice president however, almost certainly the friend and companion deputy Pd Fulvio Bonavitacola , and eight councilors, including four women. It does, however, with an act at risk appeal before the Tar because it violates the regional statute.
second option : De Luca does not name the junta, does return The Regional Council scheduled for Monday (or at least makes postpone the last point in the discussion) and occurs immediately to the judiciary to seek a civil injunction ex Article 700 , or the suspension of the suspension, already obtained for a case very similar to her by the Mayor of Naples Luigi de Magistris Thursday. It has an excellent chance of getting a favorable decision and quickly, perhaps quickly. The competent court, the First Civil Section of Naples, is in fact the same as the case de Magistris. Hardly belie himself. It got green , will reconvene the regional council and it goes on with a clear head and calm thoughts until at least October 20 , when the View dipanerà the skein on the constitutionality or otherwise of the parts of the law Severino affecting De Luca (and de Magistris).
Second scenario . The decree Renzi does not reach the recipients until Monday morning. In that case, the 51 councilors , including De Luca, will be in the courtroom as if nothing had happened, or aware of the inevitable suspension coming? In fact, at that point, nothing would prevent a De Luca exposing the program and proceed to the formation of the junta. And then resort to civil court only after the notification of the suspension. But with already appointed vice and ready to take its place waiting times and outcomes of the appeal. The ‘ retroactivity ‘ suspension of the effects, theme raised by Advocate Gianluigi Pellegrino in the legal battle for the immediate application of a Severino de Magistris, permission would be remedied by a favorable decision the civil courts. Measure , ribadiamolo, very likely. If you were going to surprise otherwise, he would run to the rescue to De Luca the opinion of the State Attorney. But, in fact, it is a view . It is not a state law. That law that the same lawyers Advocacy suggested to Renzi. The premier but not if it is felt to proceed with a normally sewn on in a single case. Preferred to avoid the risk of a complaint for Abuse or omission of acts of office .
He threw the ball in the field of De Luca. In the ruler that can not yet rule. Exposing what, according to the blue Stefano Caldoro , the defeated rival, was the big lie that has polluted the competition in Campania : “The order is proof that De Luca He cheated the bells throughout the election campaign, basted on the lie of ‘rest assured that on me Severino not apply, I have had assurances from Renzi’, and we saw how that turned out. Renzi did a compulsory act that creates a state of institutional chaos . In America the liar is eliminated from the political scene, in Campania who cheated on the exercise of democracy wants to be governor. ” Little surprise to the secretary of the Democratic Party of Naples, Venancio Carpenters : “The government has acted according to the advances made by Renzi in recent days. Time known and predictable. Now De Luca will resort “.
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