ROME. “But how do you consider a judicial appeal, with which activists have asked for the protection of fundamental constitutional rights, a way to have fun ?! How can it be said that people, fathers and mothers of families who have made personal sacrifices to support legal costs (not considering those made during their ten-year militancy in the MOV), turn to the Court for fun ?? !!! Conte rather explain how the statutory provision of a single candidate (coincidentally, him) for the office of president is combined with the democratic vision. What was the “quality” (better: the status) of the subjects who called the assembly. These are questions that deserve an answer: they are serious questions “.
So the lawyer Lorenzo Borrè replies in a post on Fb to the M5s leader Giuseppe Conte according to which the activists who presented the new appeal on the vote on the M5s statute “have fun like this.” “The battle for democracy is not a form of entertainment. It never was, it never will be. “
The matter is serious, and the appointment is now on May 17th. The new appeal of the 5 Star activists on the statute of the Movement focuses on the legitimacy of the subjects who called the assembly of members for the statutory changes, namely Giuseppe Conte, Paola Taverna and Vito Crimi, and on the violation of the principle of equality as regards the candidacies and, therefore, the appointments in the new statutory bodies. This aspect above all, explains Lorenzo Borrè, “is a fundamental principle that no one can dismiss as a quibble given that it is a question of the principle of equality of shareholders”. The Court of Naples could rule on this new request by the summer while the hearing for the conclusions relating to the previous appeal is expected on May 17. On that occasion, the terms for the final appearances will be granted and it is therefore conceivable that the procedure will end immediately after the summer.
As for the legitimacy of Conte, Crimi and Taverna to call the voting, these are subjects who did not have the right to do so, “as they did not hold any of the positions provided for by the version of the statute in force at the time of the call” explains Borrè. This “makes the resolution legally non-existent” to convene the meeting, says the lawyer. On the other hand, there is no quorum defect in this new vote as in the previous vote, given that the shareholders’ resolution was adopted on second call, when a simple majority of voters was required. As regards the violation of the principles of equality of the rights of the associates in order to be able to stand as candidates for associative positions, according to the lawyer there is also a specific question concerning the same candidacy of Giuseppe Conte “as the only candidate, moreover co-opted by Grillo “which would also open the relief relating to the persistence of the position of guarantor for Grillo. Finally, the appeal also concerns the question relating to the incompleteness of the minutes of the meeting, which reported the violations contested by Borrè but in a synthetic and incomplete way: “In the minutes of the vote of 11 March it is reported that the undersigned made some objections but not the consistency of the disputes “explains the lawyer.