Todde's dismissal: the government (again) opposes the Region before the Constitutional Court.
The Council of Ministers appears before the court to challenge the appeal against the ruling of the ordinary court decided by Viale Trento.
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The government is once again up against the Region over the forfeiture of its powers. It's almost a necessary step in a process that was supposed to be straightforward, but instead is turning into a tangle of appeals and legal disputes before various courts, from the ordinary court to the Constitutional Court.
And it is before the Constitutional Court that the Council of Ministers today decided to appear in court against the appeal for conflict of powers that the Region filed to challenge the ruling of the Court of Cagliari, which on May 28th rejected all arguments presented by the lawyers of the President of the Region, Alessandra Todde, challenging the injunction of forfeiture issued by the regional electoral guarantee board.
The issue is complicated.
In December, the measure that threw Sardinian politics into chaos was issued. The regional president challenged it in the ordinary courts. However, at the request of the Regional Council, the Executive also appealed to the Constitutional Court. The reason, in short: a state body (the electoral guarantee college) cannot undermine the autonomy of Sardinia's highest assembly, because if Todde falls, the entire Council will be dismissed.
On May 28, the first verdict arrived from the ordinary court: the ruling rejected the Region's (and therefore Todde's) appeal. The judge upheld the forfeiture order and reiterated that the Regional Council must make a decision on the matter. However, the Elections Committee, the internal body responsible for ratifying (there is no vote) the decision of the Guarantee Panel, ruled that it awaits the outcome of all appeals. So here's another: before the Constitutional Court, on the same grounds as the previous appeal (a state body cannot undermine autonomy) , the ordinary court's decision, which rejected the arguments of Todde and his team of lawyers, also ended up.
The government, therefore, sides with the judges and against the Region, defending the prerogatives of state agencies. These agencies, moreover, are required to make decisions based on regional regulations that have incorporated national ones.
