Prosecutor of Rome, Viola defense to CSM: “Reactivate the procedure for appointing a prosecutor”

The Attorney General of Florence Marcello Viola, defended by the lawyers Girolamo Rubino and Giuseppe Impiduglia, invited the CSM to reactivate, in execution of the judgments of the administrative judge, “the procedure aimed at appointing the Public Prosecutor at the Court of Rome proceeding, prior the necessary ministerial concert, to submit to the plenum the proposals originally formulated by the V Commission on 23.05.2019 “. “In fact, due to the rulings of the administrative judge, the ‘Provision by which, in the session of 19.09.19, the Fifth Commission of the Superior Council of the Judiciary, ordered the revocation of the proposal originally formulated in favor of today’s appellant ‘- explain the lawyers – And consequently all the subsequent acts were annulled which then led to the appointment of Dr. Prestipino Giarritta as Attorney of the Republic at the Court of Rome. As a result of the aforementioned sentences, the procedure can only be reactivated at starting from the last legitimate act (Council of State sect. IV, n. 1216/2014) that is the proposals formulated by the V Commission of the CSM in the session of 23.05.2019 “.” Moreover, the Council of State, in the judgment relating to the matter of Dr. Viola, clarified that the ‘legitimacy and correctness (as well as opportunity)’ of the ‘comparative choice’ and carried out by the V Commission in the sed uta of 23.05.19 has not been ‘object of refutation’. There are, however, evident reasons of speed such as to impose a rapid reactivation of the procedure; In fact, following the aforementioned rulings of the Lazio TAR and the Council of State, the appointment of Dr. Prestipino Giarritta as Attorney of the Republic at the Court of Rome (so-called demolition effect) was definitively canceled “, explain the lawyers Rubino and Impiduglia.” In this regard, the jurisprudence has stated that the annulment sentences of the administrative judge are self-enforceable, that is, they produce the immediate effect of the termination of the canceled assignment, without the need for the mediation of further acts of the CSM (Cons. St., IV, 26.8.2014 no. 4293); Therefore, today, as a result of the aforementioned judgments of the Administrative Judge, the very important Executive Prosecutor’s Office at the Court of Rome is deprived of its owner – the two lawyers continue – The need to quickly conclude the procedure aimed at the appointment of the Prosecutor of the Repubblica at the Court of Rome is also linked to the need to guarantee, in the examination of the procedures for conferring management offices, the chronological order “.” A deferral of the procedure in question, however, could not be justified by the need to await the outcome of the appeals proposed before the Council of State by the CSM and by Dr. Prestipino Giarritta on sentence no. 1866/21, made by the Lazio TAR on the appeal proposed by Dr. Francesco Lo Voi, appeals set for the hearing on 8 July 2021. These appeals, in fact, have now become inadmissible due to lack of interest since they are aimed at affirming the legitimacy of provisions relating to the appointment of Dr. Prestipino Giarritta, now definitively annulled as a result of the sentences of the Council of State nos. 3712/21 and 3713/21 “, underline.” In any case, the outcome of the aforementioned appeals proposed by the CSM and by Dr. Prestipino Giarritta could not affect the annulment of the provision (dated 19.09.19) with which the Fifth Commission revoked the proposals originally formulated in the session of 23.05.19, a provision that is not the subject of the judgments relating to Dr. Lo Voi, nor on the obligation of the CSM to reactivate the procedure “conclude the defenders of Viola.” In this regard, the jurisprudence has stated that the annulment sentences of the administrative judge are self-enforceable, that is, they produce the immediate effect of the termination of the canceled assignment. , without the need for the mediation of further acts of the CSM (Cons. St., IV, 26.8.2014 n. 4293); Therefore, today, due to the aforementioned judgments of the Administrative Judge, the very important Executive Prosecutor’s Office at the Court of Rome is deprived of its owner – continue the two lawyers – The need to quickly conclude the procedure aimed at the appointment of the Prosecutor of the Repubblica at the Court of Rome is also linked to the need to ensure, in the examination of the procedures for conferring management offices, the chronological order “.” A deferral of the procedure in question, however, could not be justified by the need to await the outcome of the appeals proposed before the Council of State by the CSM and by Dr. Prestipino Giarritta on sentence no. 1866/21, made by the Lazio TAR on the appeal proposed by Dr. Francesco Lo Voi, appeals set for the hearing on 8 July 2021. These appeals, in fact, have now become inadmissible due to lack of interest since they are aimed at affirming the legitimacy of provisions relating to the appointment of Dr. Prestipino Giarritta now definitively canceled due to the rulings of the Council of State nos. 3712/21 and 3713/21 “, underline.” In any case, the outcome of the aforementioned appeals proposed by the CSM and by Dr. Prestipino Giarritta could not affect the annulment of the provision (dated 19.09.19) with which the Fifth Commission revoked the proposals originally formulated in the session of 23.05.19, a provision that is not the subject of the judgments relating to Dr. Lo Voi, nor on the obligation of the CSM to reactivate the procedure “conclude Viola’s defenders.