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Five days before the political elections, the court of Milan ruled against the appeal presented by the list Referendum and Democracy with Marco Cappato, for not having been admitted to the electoral competition on 25 September. Although the political group can count on the support of an adequate number of signatures to present its candidacy, the Courts of Appeal and Cassation have not recognized as valid the subscriptions collected in digital format. Now the group intends to bring the case to international courts.
The decision of the Court of Milan states that the judge was not put in a position to verify the actual presence “Of the digital subscriptions collected together with the certificates” and therefore cannot rule on the appeal presented. This because, the state has not even opened the USB sticks which contained the tens of thousands of signatures collected to submit the application of the list in the elections, refusing to verify the very existence of the signatures and behaving as if the signatures never existed.
In response to the appeal of the Referendum and Democracy list with Cappato, which tried to appear in the elections by collecting signatures digitally, the government explained that the admission would have required postponing the call to the polls
“A senseless decision, because it accuses us of not having proved the existence of the signatures, attributing to us a duty that is notoriously held by the Court of Appeal and certainly not to the presenters. Also for this we will present an immediate complaint “, said Marco Cappato, leader of the list. “The decision comes five days before the elections, but after five years since, in 2017, the Parliament had committed – within 6 months !! – the Government to experiment with the digital signature for the presentation of the lists. An experiment never attempted by anyone but not for this reason expired as a commitment “, supported Virginia Fiume, co-president of Eumans, the pro-European movement on the list.
“The government had opposed the urgent appeal of the Referendum and Democracy List, advancing the impossibility of postponing the vote in case of acceptance of the appeal because close to the electoral round – explained Marco Perduca, legal manager of the list – but no response had never arrived since July 25 when we formally warned the government for obtain an interpretative decree“.
“In the absolute silence on the part of the government, parliament and the President of the Republic, the Milan judge found himself having to decide in conditions of objective blackmail produced by institutional inertia. This is also our action it does not end here. An urgent complaint and appeals to international jurisdictions are being prepared “, Marco Cappato said at the end of the press release.
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