The two excluded rely on lawyers Sticchi Damiani, to overturn the verdict of the Court of Appeal: The objective is to demonstrate the legitimacy of the presence of the controversial prize maggioranzaBARI - Enzo Russo and Bartolo Cozzoli appeal against the Regional Council to 70 members: will, therefore, the Tar Bari to resolve that now, and was widely called a veritable "war of numbers" as regards the composition of the re-assembly of Capruzzi Avenue. The Democratic Party candidate in the district of Lecce, former regional minister in the junta Vendola, and the lawyer, always in the Democratic Party candidate in the constituency Bat, brought the already announced an appeal against the verdict of the Central Regional, which, as you know , excluded them from the composition of the next Board, restricting the number of members at an altitude of 70, as determined by the Statute. Both
, appealing to the criterion of governance and representation in terms of a majority of 60% against 40% in their interests will be defended by lawyers and Xavier Sticchi Ernesto Damiani. Moving from the clarity of the wording and logic of the regional electoral legislation and an analytical reconstruction of the interrelations existing between that legislation and regulation applicable state law in that field, the prospects of legal defense are, in particular, aimed to demonstrate the immediate and duty applicable to the matter of the rule governing the state "governance premium", with the consequent illegality of the decision made in proposito dall’Ufficio Centrale Regionale presso la Corte di Appello di Bari.
Segnatamente, i difensori dei ricorrenti, oltre a chiarire che nel (discusso) rapporto tra previsioni statutarie e legge regionale elettorale, l’Ufficio Centrale Regionale avrebbe dovuto, in realtà , fare corretta applicazione del criterio della successione di leggi nel tempo e, quindi, applicare la legge elettorale regionale n. 2 del 2005, in quanto successiva, oltre che speciale, rispetto alla disciplina statutaria del 2004.
Inoltre, gli stessi hanno analiticamente rappresentato le molteplici ragioni giuridiche a sostegno di un vero e proprio recepimento dinamico e consapevole della citata disciplina statale sul premio of regional governance within the 2005 Act, thereby making explicit the clear intention of the legislature to ensure, in Puglia, the observance of the percentages of governance provided by state law (60% for the winning coalition, 40% for the opposition ) for allocation of seats on the Council.
For further unequivocal confirmation of a transposition also aware of the specific state legislation relating to the seats of governance, the lawyers have put forward an additional argument of a systematic nature, based on a comparison between the report of the Central Regional, the subject of today's media appeal and one drawn from the same Office following the previous election in 2005.
By comparing the two reports, the defenders of the applicants have noted that, while remaining unchanged legal framework of reference, the same Central Office did not consider that now applies the "governance premium" outcome instead of the previous election has in no way questioned the applicability of the premium, in the abstract, while denying it, then in practice only on the basis of the finding of common ground reached by the winning coalition, the quorum of 60% of seats allocated to Regional Council by state law 108 of 1968.
The lawyers have finally filed in court records of public hearings of the Apulia Regional Council, which preceded the final approval of the Regional Law of 2005, which shows unequivocally the will to preserve the "governance premium" provided by Tatarellum. The problem of the increase in public spending that would result in the increase of regional directors, while extremely important, may not be relevant in assessing a purely legal matter, but may be subsequently terminated policies.
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