Referendum, the Lazio regional administrative court rejected the action of the M5s and on the question – The Sun 24 Hours

Inadmissible due to absolute failure of jurisdiction. The Tar of Lazio, with ruling no. 10445 October 20, declared inadmissible due to lack of absolute jurisdiction, the recourse to the referendum question, presented by the M5s and the Italian Left. The promoters – Loredana De Petris (Italian Left) and Rocco Crimi (M5S) and the lawyers Giuseppe Bozzi, Vincent Palumbo and Luciano Vasques – objected to the wording of the referendum question to be submitted to the vote of the electors on the 4th December 2016 at the latest. The appeal considered that the misleading content of the referendum question. The deposit was several times slipped after the hearing, in the council chamber of Monday.

The Tar has defined the merits of the dispute
“given the urgent need to give a definitive answer to the question – reads a note – the court is not limited to the request for a precautionary measure and has defined the merits of the dispute, by declaring the appeal inadmissible for absolute failure of jurisdiction.” According to the administrative judges, “the identification of the question objected to is due to the ordinances adopted by the Central Office for the Referendum instituted at the Court of Cassation, and was subsequently adopted by the President of the Republic in the decree challenged”.

Any questions of legitimacy of the law on the referendum are within the jurisdiction of the constitutional Court
The judgment considers that both the ordinances of the Central Office for the Referendum is the presidential decree – which transposes the question – are the expression of a role of guarantee, in the perspective of the general protection of the legal order, and are characterized by their absolute neutrality, that them away from judicial review. Any issues of the constitutionality of the law on referendum (no. 352 of 1970), relating to the predetermination for the law of the question and its formulation, are of the competence of the central Office for the referendum, who can appeal to the constitutional Court”.

The lawyer Vasques: the judges have not had the courage
According to the lawyer, Luciano Vasques, “the administrative courts have not had the courage to tackle the theme, basically have closed the possibility of judicial protection, and also avoiding a legitimate submission to the constitutional Court”. The referral to the Consult, says Vasques, “probably would have solved a serious problem of absolute absence of protection towards abuse in the wording of titles and the related questions, in the context of proceedings of a referendum in constitutional”.

Tar Lazio, today the decision on the appeal of M5S-

After 4 days of the meeting, the response to surveys
According to the applicants “the question so formulated finishes to result in a sort of ‘spot advertising’, and so suggestive though incomplete and misleading, in favor of the Government which took the initiative of the revision, and that now he asks for improperly the confirmation of the citizens who do not deserve to be deceived in a way that is so in your face”. So after four days of meeting, the second section-bis, chaired by Elena Stanizzi, he made known the reply to the observations raised by three lawyers – Giuseppe Bozzi, Enzo Palumbo and Luciano Vasques – occurred both in the quality of citizens-voters, both on behalf of the 5 Star Movement and the Italian Left.

© Reproduction reserved