"It is a scandal for the Italian justice system that a civil court ruling that became final in 2018 has not yet been executed, despite the Council of State also having definitively ruled on compliance with the same. Now even the European Court of Human Rights has agreed with me by recognizing compensation for the failed execution, and could soon impose sanctions on the Italian State, which claims to be doing its utmost for a fair trial, just think of Cartabia. And to think also that the sentence must be executed by a public body such as the Consorzio Unico di Bacino delle province di Napoli and Caserta, where compliance with the law should be a priority.”
Victorious once again on the legal front, Antonio Limatola is left with nothing but “a handful of flies in his hand”. Former general director of the Acsa Caserta3 basin consortium, the one that managed the Lo Uttaro landfill in CASERTA, fired in the midst of the waste emergency between April and May 2008 by the then leaders of the Consortium, the officials of the CASERTA prefecture Luigi Palmieri and Savina Macchiarella (then respectively Commissioner and sub-commissioner of the Consortium), he won all the legal battles, at the civil court of Santa Maria Capua Vetere, where the judge in 2015 agreed with him, and in 2018 the sentence, which ordered his reinstatement, became definitive with the loss of the appeal by the CUB, the body that in the meantime took over from Caserta3.
So the administrative judges, approached by Limatola, intervened on the issue of compliance with the civil sentence, with the TAR ruling against the former official while the Council of State, last September, definitively recognized him as right, once again ordering the CUB to comply with the civil sentence and reinstate Limatola.
But nothing. A few days ago the European Court of Human Rights (first section) intervened with a ruling that concerned, in addition to the Limatola case, other episodes of failed or late execution of definitive Italian sentences. “Yet my right, like that of other Italians who have won legal cases, has never been implemented, and this is unconstitutional. The CUB continues to be in default; in 2022, the deputy Rina De Lorenzo presented a written question to Minister Lamorgese precisely on my case, but the Ministry never responded; the only effect of that question was that after the presentation, the actual activity of liquidation of the CUB began, an entity that should have been liquidated since 2010, and instead is still there”.
Article published on November 21, 2023 - 18:08
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