"We believe the contested act seriously undermines the Region's jurisdiction because it establishes and imposes the penalty of dismissal on the elected president, implying the dissolution of all regional bodies."
This was stated by Omar Chessa, the lawyer representing the Sardinia Region, during the hearing before the Constitutional Court on appeals for conflict of powers between state authorities, regarding the removal of the President of the Sardinia Region, Alessandra Todde.
"If it were to be confirmed," he explained, "regional elections would have to be called, with very serious detriment for all regional bodies and members."
According to Attorney Chessa, the action would be seriously damaging because "illegally imposing dismissal and thus interrupting the life of regional bodies seriously compromises the exercise of the Region's functions." It would therefore be a " classic conflict of interest due to impairment and therefore inability to perform one's duties."
Furthermore, Law 1 of 1994 regarding electoral expenses "cannot be applied to the elective president," Chessa continued, having been "adopted at a time when there was no direct election of the regional president."
Regarding the Cagliari court's ruling upholding the injunction, "the final part of the reasoning states that the regional council has jurisdiction to decide on the forfeiture," continued lawyer Antonio Saitta, also representing the region. He added, however, that the ruling also establishes that "it is up to the court to assess the challenges raised." For the defense, therefore, "there is a clear invasion, almost an overflow of power, by the court to the detriment of the regional council, whose powers are formally recognized but essentially trampled upon."
The defense requests "that the appeal be accepted and the injunction order of December 20, 2024 be annulled."
