Milan, May 3 (Adnkronos) – “The Council of State affirmed a general and important principle that the ombudsman must be a non-political person with technical competence. This is to guarantee the performance of his functions in the interest of citizens. defend citizens and mediate with the institutions, the ombudsman must also be able to do so technically. This is why the sentence is relevant, which goes beyond the specific case, albeit emblematic “. This was told to Adnkronos by Antonino Galletti, a cassation lawyer and president of the Rome Bar Association, commenting on the decision of the Council of State which canceled the election of Carlo Lio as regional ombudsman for the Lombardy Region.
The Council of State accepted an appeal against the election of Lio, “holder of a secondary school license”, presented by Giuseppe Fortunato against the Lombardy Region and the Lombardy Regional Council on the election of Lio, which had been decided by Regional Council in May 2017. “Now Lio cannot appeal – explains Galletti -. The Council of State is the last degree of administrative justice, so the Lombardy Region must necessarily comply with the decision of the State Council”.
However, the deeds that Lio signed during these four years are not likely to be illegitimate. “I do not think – explains Galletti – the functional principle of fact is valid, that is what has been carried out in the meantime retains validity and effectiveness. Surely now we hope that the Lombardy Region will implement the sentence of the Council of State and not persevere in the illegitimate conduct that it was sanctioned. Then Fortunato will see if there is any need to intervene on specific measures to review or expand them “.
For Galletti, the decision taken by the Council of State is an “important” decision. And he adds: “It comes to the outcome of a dispute that lasted four years. The announcement dates back to 2017 … it is a pity that the Lombardy TAR did not intervene immediately, four years of exercise of the functions by an unauthorized body would have been avoided “.