Court of Auditors, Council of State confirms Tommaso Miele as assistant president

The appeal against the appointment was dismissed

The appointment of Tommaso Miele as deputy president of the Court of Auditors has been confirmed by the Council of State. The judges of the seventh section of Palazzo Spada (President Marco Lipari, drafter Fabio Franconiero) rejected the appeal brought by Luciano Calamaro, at the material time president of the section of the Court of Auditors who had participated in the interpellation for deputy president of the Court , against the appointment of Tommaso Miele, also President of the section, ordered by the self-governing body of the accounting judiciary in January 2022.

Against Miele’s appointment, Calamaro had formulated “multiple censures of legitimacy” however all judged to be unfounded already in the first instance by the Regional Administrative Court for Lazio. Complaints deemed “unfounded” today also by the State Council. The appointment of Miele, defended in court by the lawyers Edoardo Giardino, Valerio Tallini and Salvatore Sfrecola “was arranged on the basis of the individual interview of the candidates for the position of function, the subsequent illustration of the functions performed by each of them, with specification of the relative prevalence in the various areas of the accounting judiciary, followed by the vote – the judges of the Council of State write in the sentence – in which the other party scored 8 points against 1 point obtained by the appellant”.

“The resolution of 12 January 2022, adopted by the Presidency Council on the basis of the outcome of the vote, therefore motivated the appointment of Dr. Miele – it is reported in the sentence filed – due to the ‘completeness of the professional experience acquired through participation in broad sense to the functions of the Court of Auditors (judicial and control), (of) the overall activity carried out and the industriousness demonstrated, with particular regard to the drafting of significant sentences of the Sections united in a special composition and of other jurisdictional Sections and (of) the organizational skills put in place in the exercise of managerial functions, in relation to the validity of the operational and business and service management methods of which the candidate has given evidence in previous assignments’”. For the judges of Palazzo Spada therefore “the reasons for the prevalence expressed in favor of Dr. Miele can be identified in the discussion and subsequent vote, in which the latter reported a clear majority compared to the other competing accounting magistrates, including the appellant Dr. Calamaro, on the basis of the application of the general criteria and of the reasons then explained in the justification for the Board resolution”.

Finally, continues the Council of State, “it must be excluded that the position of deputy president of the Court of Auditors cannot be occupied by those who hold the position of president of a judicial section of the first instance”. Miele will be able to continue to legitimately and simultaneously carry out both the office of President of the Jurisdictional Section of the Lazio Region and that of Deputy President.