The Supreme Court of Cassation rules in favor of Mayor Luigi Maglione (pictured) who remains mayor. The masterpiece of administrative lawyer Antonio Parisi enters the scene.
The expected but predictable ruling of the Court of Cassation has arrived, definitively giving reason to the mayor Luigi Maglione, who was summoned to court by the opposition councilor Del Prete (the latter was also sentenced to pay the legal costs).
Yet another setback for the opposition after the previous rejection of the appeal, again to the Supreme Court, proposed by the former mayor Vito Marino (now a minority representative), condemning him, also in this case, to pay approximately 7 thousand euros in legal costs.
A story that is almost unbelievable being one of the few cases in Italy in which a mayoral candidate (Maglione) manages not only to win in all subsequent levels of judgment, but even to overturn the outcome of the electoral round. Del Prete, represented and defended by the lawyers Gennaro Terracciano, Mario Silvio Claudio Marino and Annunziata Abbinente; had filed an appeal to the Supreme Court after the defeat inflicted by the Council of State that had placed Luigi Maglione (appellant to the CS) as mayor to replace Vito Marino, until that moment mayor of Casavatore elected with only two votes of distance.
The new appeal rejected by the ermines had been presented by Del Prete against the mayor Luigi Maglione, the councilors Alberto D'Auria, Maria Marino, Fabio Machiella, Giuseppe Marco De Rosa, Tommaso D'Auria, Elsa Picaro (current councilor), Francesco Napolitano, Diego Moronese, Tiziana Bognanni, Pasquale Palmentieri, Vincenzo Acunzo, Claudio Caturano, Vito Marino, Giulia Marotta, Giovanni Russo, Elena Alessio, Elisabetta Puzone and Alessandro Sorrentino.
In addition to the Municipality of Casavatore, the central electoral office and the Ministry of the Interior against the 2021 ruling of the Council of State that had given reason to the current mayor. Before the final decree, the judges on Del Prete's appeal had already held that the three grounds for the appeal were inadmissible, determining, as provided for by the Cartabia law, the possibility for the appellant to request a decision on the appeal in forty days, at which point the appeal is considered unsuccessful and must be considered as having renounced.
Therefore, the Supreme Court judge Margherita Cassano, declaring the cassation proceeding extinguished, has sentenced the appellant to pay, in favor of the counter-appellant, the costs of the legitimacy proceeding, which she liquidates in 2.500 euros for compensation, in addition to the flat-rate costs in the amount of 15%, the disbursements liquidated in 200 euros and the legal accessories. In short, beyond the institutional bon ton held by Vito Marino well-liked in the city, the fact remains that Maglione is firmly in his legitimate place in three administrative processes.
BG
Article published on November 16, 2023 - 17:07
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