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Other than the canceled ordinance as someone thought. The disposition of last August 22 by the Governor of Sicily, Nello musumeci, which provides for the closure of critical points and reception centers for migrants on the island, is only suspended.
Explain the situation that has arisen is Luca Pedullà, constitutionalist and professor at Enna’s “Kore” University, who in Italy Oggi shed light on proportion. First of all, I observe that, contrary to what someone has said in the last hours, it has been confirmed that the ordinance of the president of the Sicilian Region was not non-existent, nor null, nor vitiated by absolute incompetence: if it had been, never we would have. had a suspension on what does not exist “Pedullà explained.
The constitutionalist stressed that the Tar he did not say the order was unfounded. “Law 833/1978 (also) assigns extraordinary powers to regional presidents in matters of protection of public health and legislative decree 112/1998 has transferred their administrative functions to them”, said the teacher who added that “Extraordinary powers that, even more so, in the current epidemic context, must be applied. On this point, art. 3 of decree law n. 6/2020, which has ordered urgent measures to address the Covid-19 emergency, has (also) attributed to the regional governors the “duty” to take all measures to prevent the spread of the epidemic, also in reference to access to goods and people by ship (art. 1, letter m). Therefore, the order of the President of the Sicilian Region seems consistent with both art. 32 of the Constitution, and with the action of the central government, whose relations, in accordance with art. 120 of the Constitution, must be of loyal collaboration ”.
According to Pedullà, the suspension requested by the executive was accepted because in the provisional precautionary phase requested by the government, the judge determined that the “There was a lack of research aimed at demonstrating the existence of a specific worsening of the health risk linked to the spread of Covid-19 among the local population as a consequence of the migratory phenomenon. Evaluation of the mere fact that nevertheless contrasts with what it is known to be documented by the media. “ In the TAR decree, the constitutionalist specified, it is not said that the ordinance had clearly exceeded its powers, but rather that it “would appear to exceed” its powers. “The Legal certainty Can you admit solutions that may “appear”? Either they are or they are not. Given the complexity and delicacy of the subject, coherence would have required, at least, a discussion not in a single but collegiate context “Pedullà explained.
But it is also the question that Musumeci raises, who complains that the theses of the region have not even been heard in court. In practice, there could be an injury to the contradictory. Regarding this point, for Pedullà it would have been “more than appropriate to satisfy the provisions of art. 56, section 2, of cod. admin., listening to the parties, as requested by the region. There is no open injury of the contradictory, given the character discretionary of the norm – but an inopportune choice, especially if we consider not only the adoption in total solitude by a single judge, but also the issuance of a decree of temporary separation ”. This is because the content of the ordinance was removed until September 10. While the next hearing was set for a later date, which is September 17, with the well-founded risk of reaching the audience with disinterest in the continuation of the Region ”.
In this clash, according to the constitutionalist’s judgment, the central government would have really won if “He had intervened promptly to deal with the serious health emergency in Sicily rather than wait for the clamor raised by the ordinance to alleviate the severity of health. Therefore, the Sicilian governor’s daily complaints won out.” On the other hand, it is the Title V of the Constitution “that once again, in the division of powers, has shown serious flaws in this, we must intervene promptly, on pain of continuing to witness institutional tears.”
Finally, Pedullà reminds us that it is possible that an autonomous legislative act could touch areas of state autonomy: “In addition, paragraph 3 of article 118 of our Charter seems to go in the direction of an opening towards forms of coordination between the State and the Regions, also in matters of immigration.”
Meanwhile, immigrants continue to land in Sicily. The hotspot of Lampedusa, according to the complaint Nello Musumeci, is on the verge of collapse.“Another 30 landings in Lampedusa. In the HotSpot again there are more than a thousand: six hundred in just 48 hours ”, said the governor. Musumeci does not want to give up and, with a message posted on Facebook, he launched the attack: “If my ordinance had not been suspended, today we would have a very different reality. But the central government says it is their responsibility. So? Why don’t you intervene? Have you already involved Brussels? Are you organizing the relocation of immigrants to other European states? “.” Minister Lamorgese had said that they would start the airlift from August 10: has anyone heard of it? Rome requests a non-Italian port for the Viking ocean? – added the governor – I mean, if they care so much about their abilities … they should do something! In fact, they should have done it on time, already in January. Instead, a deafening silence. In fact, for a decade always and only Sicily and Lampedusa have to pay all this burden. “
Musumeci also recalled that on Tuesday he will arrive on the island “Our working group to verify the health conditions of the hotspot. And the consequent measures will be taken. With an investigation that has already shown that no one has planned structural interventions for the prevention of contagion already at the end of March!” “I forgot – the governor concluded, underlining an alarming situation – on the beach of Agrigento They found a small boat. No one on board. Also because of the news that the health emergency and public safety condition is only my suggestion ”.
