Time.news – The Cagliari lawyer Silvio De Murtas, appointed by the president of the court of Cagliari, remains, in the proceedings underway in Sardinia, special curator of the 5 Star Movement and, while waiting for the refoundation program of Giuseppe Conte, the match for the however, the guide of the 5-star Movement remains open.
The Court of Appeal of Cagliari has declared, in fact, inadmissible the appeal of Vito Crimi against the decree of the President of the Court ‘born’ from a legal action of the regional councilor Carla Cuccu.
The representative elected in Sardinia had challenged the expulsion signed by Crimi with a guarantee provision. Initially, the regional councilor and lawyer had been suspended and had filed a complaint, but the M5s Committee had wronged and aggravated the sanction, ordering the expulsion, motivated by alleged conduct contrary to the Movement.
Cuccu, who has now been fully reinstated in the M5s, had objected not only to the vagueness of the accusations made against her, but also that her right to defend herself had been violated. The general states of the Movement have, in fact, said goodbye to the figure of the political leader – Vito Crimi is now regent – to opt for a five-man guide which, to date, has not been voted on.
And in the meantime, there have been major changes in relations with Davide Casaleggio’s Rousseau platform, so much so that there are those who speak of a now certain ‘divorce’. And this, although according to some sources the dialogue is still ongoing between Gianroberto’s son and the political leader in pectore of m5s, the former premier Conte.
If this is the background, the perspective outlined by Carla Cuccu’s lawyers is that the Movement should be called upon to appoint a legal representative: “The Board accepted our objection of inadmissibility of Crimi’s complaint, an exception based on granite jurisprudence , as highlighted in the order. Now we trust that the M5S will proceed with the appointment of the new legal representative and that he will take note of the illegitimacy of the expulsion of Carla Cuccu, as already recognized as a precautionary measure by the Court of Cagliari “, explain the lawyers Patrizio Rovelli and Lorenzo Borrè.
On the point of law, the Court of Appeal, on the basis of the jurisprudence of legitimacy, wrote, in fact, that it was not competent to rule on what was established in the first instance with a decree. An act, however, which does not definitively decide who the legal representative of the 5-star Movement is, but is limited to guaranteeing the possibility of appearing in court in the process – which is already in progress – and in which the Court itself considered the notification of the summons to a special curator and not to Crimi to be correct.
“The decree claimed – reads – has not definitively ascertained the current non-existence of a legal representative of the association, having the more limited scope of creating a situation of procedural legitimacy instrumental to instantly guarantee the correct establishment of the procedural cross-examination in the trial by establishing “.
As for the possibility of addressing the Court of Appeal on the basis of article 739 of the code of civil procedure, supported in the appeal, the panel observes: “That article does not in fact provide as a general rule the reclamation of the measures of the President of the Court but exclusively Court and it cannot therefore be invoked in support of the appeal we are dealing with, as also stated by authoritative doctrine and by the Court of Cassation, albeit with regard to presidential measures pronounced in matters other than that under consideration “.
“The Court of Appeal considered the provision for the appointment of the trustee unclaimed, without having entered into the merits of the decision of the court judge, although a passage of the decision appears significant and such as to remove any interpretation of the provision of the court of Cagliari”, explains, for its part, M5s.
“The provision of the Court of Appeal, in fact, explicitly clarifies that the decree of the Court of Cagliari, which, at this point, remains provisionally effective until the final judgment on the merits, has a limited and well-circumscribed scope: it aims to guarantee to the appellant, Carla Cuccu, the correct establishment of the cross-examination procedure, with an instrumental function for the purposes of the single process and within which it fulfills its function. In conclusion, no absolute and definitive assessment of the lack of a legal representative of the Movement. The Court has cited various judgments of the Court of Cassation in support of this thesis “, he underlines.
Updated at 3.15 pm
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