The clash with the State over the order of dismissal of the President of the Region Alessandra Todde has been served.

The Council of Ministers, on the proposal of the Minister for Regional Affairs and Autonomies, Roberto Calderoli, has decided to resist the proceedings for conflict of attribution brought, pursuant to Article 134 of the Constitution, by the Region against the State and, on its behalf, the President of the Council of Ministers, the Regional Electoral Guarantee Board at the Court of Appeal of Cagliari and the Ministry of Justice for the annulment of the injunction order of 20 December 2024, filed on 3 January 2025.

This is what we read in the final press release of the Council of Ministers.

The thesis underlying the appeal presented by the Region is simple. If the president falls - given the electoral mechanism approved by Sardinian law - the entire Regional Council is dissolved. But, they argue at Villa Devoto, the assembly body can fall only in the cases provided for by the Statute. And if we are talking about a vote of no confidence in the Chamber, death, serious violations of the law or acts contrary to the Constitution (and then the Quirinale would intervene), the possibility of dissolution on the basis of a provision such as the injunction order issued by the guarantee board (considered a "state body") due to a mess in the reporting of electoral expenses, as happened in the Todde case, would not be contemplated.

The Government thinks differently. Now the clash is heating up, in addition to the ordinary court, also before the Constitutional Court.

Enrico Fresu

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