Crimi: “There will be a new vote according to the indications of the Court of Naples”. Rousseau Association: “The Movement has crashed”
My leadership in the M5S it is based on the profound sharing of principles and values. It is therefore the political link, rather than the legal one it does not depend on the stamped papers. And I say that I am aware that I am also a lawyer. “So Giuseppe Contecommenting with the reporters on the order of the Court of Naples which suspended, as a precaution, the new statute of the M5S and the appointment of Giuseppe Conte as president.
Then, as a guest of ‘Otto e mezzo’ on La7, he observes that “there is a political-substantial and a juridical-formal plan, which marks this suspension. Suspension to which we respond with a bath of democracy. amendments to the statute, a ratification by all members will be added, even those for less than six months, without waiting for the time of a trial. Curious that it had always been voted like this, with the old statute, and now this is prevented what”. “When I arrived at the Movement – he explains – I only asked one thing: to solve the Casaleggio problem, a problem that had been going on for some time and which, in the end, I too had to deal with but I think the relationship was now compromised. But this measure has nothing to do with Rousseau “.
A new vote will take place according to the indications of the Naples judge, “he tells reporters Vito Crimi, leaving Conte’s home. “It seems to me that our community has expressed itself very clearly on President Conte. I do not think it is the problem of new members, of the six months, that can change the result”, comments the former M5S regent.
The lawyer Francesco Astonewho is following, for the leaders of the Movement and therefore of the leader Giuseppe Conte, the case of Naples, explains to Adnkronos: “We will return to Naples on March 1st and we will ask the judge of merit to rule. In 20 days we are there and of course we think, we firmly believe, that the appeal “which led to the suspension of the two resolutions” will be rejected.
“The reason that led to the suspension” of the two resolutions, therefore also of the leadership of Conte as leader of the Movement, “is a technical reason that does not refer to the result: the result has remained the same. Even if the excluded” because they were registered by less than six months “they had voted, the result would not have changed”, decreeing, according to Astone, Conte’s coronation as president. “We are therefore convinced that Conte will be reconfirmed”, says the lawyer looking at the meeting that will be called in the next few days. “In any association – he also remarks – there is a rule that provides for the non-entry of members for less than six months, to avoid false voting results and the risks of a consortium. The Movement, even in the past, has made use of this rule , always allowing members to vote for over 6 months, the rule that has been contested is therefore in accordance with the practice of the M5S “.
THE M5S NOTE – A note from the M5S reads: “The Court of Naples, which in the first instance had rejected the precautionary appeal for the suspension of the resolutions of August 2021 approving the new statute and the election of the President, accepted in second instance the this appeal. Despite the various objections raised, also concerning the territorial incompetence of the Court of Naples, the Court accepted the appeal by providing a specific interpretation of the old statute according to which even those registered for less than six months would have had the right to participate in the vote. The interpretation provided by the Complaint Tribunal, however, contrasts the consolidated practice in the votes followed by the Movement and an approach that aimed to prevent the community from being infiltrated by ad hoc organized consortiums in order to alter the individual votes, also thanks to the gratuity and simplification of registration “.
“It should be clarified, in particular, that the provision of the Court of Naples did not ascertain the invalidity of the resolutions adopted, but only provisionally” suspends “the aforementioned resolutions. The Movement had already planned, in these days, the convocation of an assembly to submit some statutory changes to the vote of the members in compliance with the remarks of the Guarantee Commission for the statutes and transparency of political parties. This will be an opportunity to propose to members – even those with less than six months of seniority – the ratification of the resolutions temporarily suspended “, concludes the note.
THE ACTIVISTS LAWYER – But second Lorenzo Borrèthe lawyer of the activists who presented the appeal in Naples against the new statute of the 5 Star Movement and against the election of Giuseppe Conte at the helm of the M5S, “Conte perseveres in errorand Conrad in ‘the duelists’ remembers that in battle one must never hide behind a mistake. The colleague currently no longer has decision-making powers and cannot dictate solutions, at least not with more powers than any other associate. But above all, it cannot ignore the procedural stakes of the statute in the pre-Augustan version. I am also surprised by the reference to an alleged practice in contrast with the letter of the statute, as if a possible error would legitimize a subsequent similar one “, he tells Adnkronos.
“As for the alleged incompetence of the Court of Naples to issue the precautionary measure – insists Borrè – I am surprised that we insist on an assumption that is not supported either in art. 669 quater of the code of procedure or in the over twenty-year jurisprudence on the subject of jurisdiction territorial. I do not understand the clarification, I really do not think that a different Court could have decided otherwise. Conte confronts the substantive issues that led to the suspension of effectiveness “.
As for Crimi “no longer has power, those who say the opposite are not familiar with the statute, nor probably the civil code” says the activists’ lawyer. For Borrè the only viable path remains that of the steering committee, indicated by the General States of the Movement, voted on the Rousseau platform and then disavowed by the new statute. Beppe Grillo will have to unravel the problem, the only one who can do something to get out of the swamp. “The Movement is beheaded – says Borrè – without any man in charge. Beppe Grillo can do the only thing they can do now: call the voting of the M5S steering committee, as he did last June 29. And start from there again. . Only after having voted on the new steering committee, can the new members of the guarantee committee, the arbitrators, etc. be elected. Any other decision can be easily challenged. In short, the word to the pentastellato people “.
ROUSSEAU ASSOCIATION – A blog post of the stars that sounds like a ‘we told you so’. The Rousseau association, after the order of the Court of Naples, seems to take a pebble from its shoe and indicate the route. Which brings back to Rousseau. “As many will recall, for months we have been urging the self-proclaimed executives at the head of the Movement to follow the law and comply with the decisions of the members of the Movement during the General States or to proceed to a vote on Rousseau to define the governance of the 5 Star Movement made up of a 5-member body called the Steering Committee in place of the figure of the political leader. Even the Guarantor Beppe Grillo reiterated in two public communications – “A draft and go” published on June 29 and a communication the following day – the need to vote, in compliance with the Statute of the 5 Star Movement, the Steering Committee on Rousseau “.
“Unfortunately, what happened next is known to all: the self-proclaimed executives of the 5-star Movement decided, instead, to continue their action in violation of the association rules and decisions of the members and started the voting on Sky Vote which today were done invalidated by accepting the appeal proposed by various activists of the 5 Star Movement throughout Italy. On several occasions we have highlighted how much the management of voting and the community of members required a level of attention and professionalism that cannot be improvised with management models, instead , approximate and amateurish as, instead, happened. In a post dated 1st June 2021 Davide Casaleggio advised the 5 Star Movement to operate in full compliance with the rules, warning: “The rocks are close. I repeat. The rocks are close”. And today the Movement sadly hit those rocks and will be forced to carry out new votes called by the Guarantor Beppe Grillo – the only body capable of summoning members today – to identify a collegial guide in place of the decayed president and political leader Giuseppe Conte and will have to do it, this time, in compliance with the rules and of the modalities provided by the previous Statute and which is now back in force “, concludes the Rousseau association.