M5S earthquake, Naples court suspends statute modification and election as leader Count

Lawyer Borrè: “Movement decapitated, we are in the year zero. No one in command, the only move is up to Grillo”

From Naples arrive new problems for the 5 Star Movement. According to what Adnkronos learns, the Court of the Neapolitan capital suspended the two resolutions with which, last August, the M5S modified its statute and ‘crowned’ Giuseppe Conte as president of the pentastellati. The measures (which date back to 3 and 5 August 2021 respectively) were suspended as a precaution due to the existence of “serious defects in the decision-making process”, primarily the exclusion from the vote of more than one third of the members and the consequent failure to reach of the quorum, in the context of the trial brought by a group of activists of the Movement, defended by the lawyer Lorenzo Borrè. Among the militants: Steven Hutchinson, Renato Delle Donne and Liliana Coppola, who presented the appeal supported by hundreds of activists who contributed to the payment of legal costs.

ACTIVISTS – “Today the Court of Naples, accepting the complaint for the suspension of the effectiveness of the resolutions that modified the statute and crowned Giuseppe Conte as the sole candidate for the presidency of the M5S, reinstates the principle of the need for the participation of all members in the adoption of the fundamental choices of our Movement “declared the activists of the M5S who had filed the appeal in October 2021.

“Equal rights is a cornerstone of the M5S and cannot find an exception in any case, much less for access to statutory posts as there are no first peers. Now we trust in an open participatory process and in a reflection on the mistakes and forcing made, those who made mistakes must step aside. We thank the lawyer Lorenzo Borrè for the assistance he gave us from the first moment “, conclude the Neapolitan applicants representing the hundreds of members who have supported the appeals.

LAWYER BORRÈ – With the decision of the Court of Naples “the office of Conte lapses in the first place. Secondly, the incompatibility of some current positions in the guarantee bodies emerges, with the restrictions provided for by the previous statute, which has come back into force: the previous statute, in fact, excludes that such offices can be filled by subjects holding institutional positions ” Lorenzo Borrè, the lawyer of the activists who presented the appeal, told Adnkronos.

The five vice presidents also fallbeing positions not provided for by the old statute, “continues the lawyer. So now what happens in the Movement?”The M5S is in the year zero with the zeroing of its charges. The only way out is the establishment of the Steering Committee. Further leaks ahead, insisting on the procedures already canceled by the Court, risk putting the M5S on a dead end “. Excuse me, so who’s in charge now in the Movement? “At the moment the guide is not there, the M5S has been totally beheaded”replies Borrè.

“The Movement is beheaded, with no man in charge. The only thing they can do now can be Beppe Grillo: call the votes of the M5S steering committee, as he did on June 29th – explains Borrè – And start from there. 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 “.

THE ORDER – “At the state of the proceedings it emerged that the contested shareholders ‘resolutions appear invalid. Absorbingly, it emerges that the shareholders’ meeting resolution to modify the status of the Movimento 5 Stelle Association of August 3, 2021 was adopted in the absence of the required quorum by the discipline applicable ratione temporis on that date “. This is what is read in the ordinance – viewed by the Adnkronos – with which the Court of Naples suspended as a precaution the resolution to modify the statute of the M5S and the subsequent election of Conte to the guide of the 5 Star Movement.

“Pursuant to art. 6 of the statute then in force, in the first call the assembly called for the modification of the statute of the association could deliberate only ‘if at least the absolute majority of the members participated’. A restriction on the participation in the assemblies with respect to those registered for less than 6 months, but with a regulation adopted by the guarantee committee, on the proposal of the steering committee. of 6 months on the basis of art. 4 of the statute which governs the methods by which the association carries out consultations with members, which in letter c) expressly provides for the exclusion of members from less than six months. of a ‘regulation adopted by the Guarantee Committee, on the proposal of the Steering Committee’, as shown by the preliminary investigation “, reads again in the provision.

MEMBERS EXCLUDED – There are 81,839 members of the M5S who, according to the Court of Naples, were illegitimately excluded from the votes of last August 3 on the new statute of the Movement, a legal ‘technicality’ that today generated an earthquake with little precedent in the M5Swith the precautionary suspension of the same statute and the appointment of Giuseppe Conte as president.

“The unlawful exclusion from the audience of the participants in the assembly of August 3, 2021 of the members of the 5-STAR MOVEMENT ASSOCIATION for less than six months – reads an excerpt of the ordinance viewed by Adnkronos – determined the alteration of the quorum shareholders’ meeting in the resolution to modify its statute. This resolution was in fact adopted on the basis of an assembly made up of only 113,894 members (those for more than six months) instead of the 195,387 members registered on that date; with the illegitimate exclusion of 81,839 registered with the body by the constitutive and deliberative quorum, greater than the only 60,940 associates who attended the meeting, whose resolution was then approved by 87% of these (see page 3 of the appearance of the constitution and reply) “.

“It is therefore clear that the assembly of the 5-STAR MOVEMENT ASSOCIATION which resolved on August 3, 2021 was not properly constituted because it appears that fewer members participated than that required in the first call. The 60,940 members who they participated were less than half plus one of the total number of members of the association (which as seen was 195,387). Pursuant to art. 23 cc the violation of the provisions contained in the statute of the association involves associated, the annulment of the relative resolution that has been challenged. And the resolution of 3 August 2021 by the 5 STAR MOVEMENT ASSOCIATION is currently adopted in violation of the statute of the body then in force “.

“PRESIDENT FIGURE NOT IN STATUTE” – “The invalidity that currently results from the resolution with which the 5 STARS ASSOCIATION modified the statute consequently makes the resolution of August 5, 2021 with which the president of the institution was appointed as invalid. Absorbent, it should be noted that the statute in force before its modification, which as seen in point 3 is illegitimate, did not provide for the figure of the president as an organ of the association. Therefore, his appointment appears in turn to be in contrast with the statutory rules pursuant to art. 23 cc “writes the Court of Naples in the ordinance. This step not only invalidates the appointment of the former premier, but also blocks the way for a possible return to the scene of Vito Crimi, for a long time political leader and regent of the Movement.

ROUSSEAU – The order of the Court of Naples also seems to rehabilitate the vote on Rousseau, the creature of Davide Casaleggio. In a passage of the ruling, in fact, it is written in black and white that the impossibility of processing the data held by the old platform of the M5S, raised by the current pentastellated leaders in the trial, is not to be considered a valid technical reason for stopping the requests. of the applicants.

“The contested resolutions of the 5-STAR MOVEMENT ASSOCIATION with which its statute was amended and immediately after the newly appointed president was appointed must be suspended pending the outcome of the judgment on the merits – in fact, the ordinance reads – And the adoption of this caution could not be said to be precluded by the alleged potential onset of technical problems connected to the functioning of the previous ‘platform’, since it concerns any aspects of a purely operational nature susceptible to various possible solutions whose identification remains concretely reserved for the bodies of the association ” .

GRILLO WILL NOT COME TO ROME IN THE WEEK – According to Adnkronos, Beppe Grillo will not come to Rome this week. Sources close to the guarantor of the Movement explain that, except for last minute changes in the program, no ‘trip’ is planned between now and the next few days. (by Antonio Atte and Ileana Sciarra)