The Tar Lazio said unacceptable to lack of jurisdiction the appeal on the question of referendum presented by M5s and the Italian Left. The decision was taken by the section 2a of the Tar and, as we know, short should be made aware of the reasons. The complaint was presented by Loredana De Petris and Vito Crimi (M5s), together with the lawyers, Giuseppe Bozzi and Vincenzo Palumbo who questioned the lack of neutrality of the question. Another appeal subm itted on the same Tar, and the civil court of Milan, has also been presented by the former president of the constitutional Court Valerio Onida. Explain in brief the administrative court that the question has been promoted from thecentral Office for the referendum Court of Cassation, and then transposed from the president of the Republic, which "are the expression of a role of guarantee" and "stand out for their absolute neutrality, which he subtracts them to judicial review". Their ordinances "is not open to appeal with the ordinary means of courts". If you want to raise a question of the constitutionality (as you have done the former judge Onida), according to the administrative judges, you must apply again to the central Office for the referendum of the Supreme court that it may refer to the constitutional Court. However, all of this happens 6 weeks from the vote, and then the time becomes more and more narrow.
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Luciano Vasques, one of the lawyers who have filed the appeal, "the administrative courts have not had the courage of addressing the topic, basically have closed the possibility of judicial protection, and also avoiding a legitimate submission to the constitutional Court". "The referral to the Consult – stresses Vasques – would probably 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".
But it is a pronunciation of "predictable" defines the constitutionalist Richards, which, moreover, is a supporter of the No. "An administrative court adds that the lawyer all the'Ansa – is not the place to attempt to attack a decision that comes from an organ of the Supreme court, the central Office for the referendum". According to Richards "are wrong way and the procedure followed by the applicants. Another thing would be to ask the same Supreme court to re-examine the question by pointing out any doubt as to the legitimacy and profile not convincing. The Tar, however, is organ totally stranger to comment on a matter of this type already evaluated by the Supreme court. "But, more in general, continues Richards – I think that the underlying error that you are doing at this stage, a referendum called by the president of the Republic, is to do a judicial battle rather th an a political battle on the merits of the constitutional reform, highlighting the defects. It is useless to continue to donate to the jurisdiction problems that are to appear on the political level. And this is, among other things, a limit inherent in that same constitutional reform"".
According to the Cinquestelle the pronunciation of the Tar "is not a rejection on the merits. We will read the reasons for the judgment, and we will act accordingly," says the deputy of the M5s Danilo Toninelli. "We are convinced of being in the right, he adds, and we will not give up because the title of the reform is a scam. Therefore, go forward". The senator of the Italian Left Loredana De Petris says to wait for the motivations: "of course it will be so simple because if it had been only a defect of jurisdiction there would be and took three days". Keeps the point of the Pd: "The question of the referendum is fully in line with the law, ” said the senator, Andrea Marcucci – the parties of The No comparison on the merits of the reform, instead of wasting time with unnecessary appeals".
