• Sun. Oct 24th, 2021

Rome Public Prosecutor, State Council rejects Prestipino and CSM appeal

Byeditorial

May 11, 2021

The Council of State rejected the appeals presented by the prosecutor of Rome Michele Prestipino and by the CSM against the sentence of the Lazio TAR which had accepted the appeal presented by the attorney general of Florence Marcello Viola against the appointment of the head of the public prosecutor’s office on the 4th March of last year. The V Section of the Council of State, with judgments nos. 3712 and 3713, rejected the appeals, respectively, of Prestipino and the Superior Council of the Judiciary against the sentence of the Administrative Court for Lazio of last February 16 which had accepted the appeal of Marcello Viola. The Council of State, confirming the decision of the Administrative Court, considers the resolution of the CSM to be illegitimate for two reasons. First of all, because it is based on a proposal of the Fifth Commission, internal to the CSM, which, returning to its previous determinations, had unreasonably excluded Viola from the candidates to be proposed to the Plenum for the decision, previously considered to be proposed. Furthermore, because the CSM has illegitimately assessed and compared the respective managerial attitudes of Prestipino and Marcello Viola. On May 13, however, the precautionary request on Prestipino’s appeal against the other sentence of the Lazio TAR which had accepted the appeal presented by the chief prosecutor of Palermo Francesco Lo Voi. LEGALI VIOLA – “We are extremely satisfied with the ruling of the Council of State which confirms the sentence of the Lazio TAR and ascertains the validity of the appeal presented by Marcello Viola”, the lawyers Giuseppe tell Adnkronos Impiduglia and Girolamo Rubino who followed the appeal presented by the attorney general of Florence Marcello Viola against the decision of the CSM on March 4 last year to appoint Michele Prestipino as chief prosecutor of Rome. “A sentence that underlines the erroneousness of the judgment of the CSM where it considered the semidirective and directive functions to be comparable and which had not adequately valued Viola’s experiences – underline the two lawyers – to the general public prosecutor of Florence and to the public prosecutor of Trapani. Important it is also the passage in which it is noted that territorial roots cannot represent an element of prevalence in the choice of one candidate over another. Now the Fifth Committee of the CSM – they explain – will have to reassess the candidates and formulate a new proposal to the plenum taking into account of the stakes and principles affirmed by the Council of State “.