Covid, Hope beats a retreat: renunciation of the appeal

Covid, Hope beats a retreat: renunciation of the appeal thumbnail

11 October 2021 – 16:45

The story of the minutes of the job force ends: after the online publication, in July the ministry decided to renounce the appeal to the Council of State. Rejoices Fdi

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Covid, Speranza batte in ritirata: rinuncia al ricorso

The Ministry of Health backs off. An unexpected but relevant move. After having suffered the defeat at the TAR, after having published the secret minutes of the job force and after appealing the sentence to the Council of State, the Department of Hope raises the white flag. It beats a retreat. In fact, at the beginning of July, the State Attorney’s Office renounced the appeal, thus accepting the course of events of what FdI considers a “victory”.

Theme of the dispute, the readers of Giornale.it will remember, they are the minutes of the job force established in January 2020 by Speranza. It is a table of immense experts to help the minister: there they are given indications, analyzed the numbers and addressed the Italian health policy. But no one knows exactly what they said to each other. The deputy Fdi Galezzo Bignami then at lovely 2020 access the documents to be able to read the reports of those meetings. The ministry answers spades, he uses the TAR and wins: the minutes are published last June, revealing not a few news on the top stages of the fight against Covid.

The matter over? No, because the ministry, not happy with the defeat, had filed appeal to Council of State against a sentence considered “wrong and illegitimate”. Speranza’s lawyers were in fact convinced that they were right. And that the eventual res judicata would have constituted “a dangerous and erroneous precedent.” In short: to hear the “legitimacy” of the conduct declared, the ministry asked to reject Bignami’s appeal by annulling the sentence of the Tar. Possibly, also establishing “what are the data and documents” of the Public Administration that can be requested for a view by the citizen.

The lawyer believes that the “reports” of the job force are not “official documents “, But only informal brogliacci” drawn up by an official, present from time to time at the specific meeting, who briefly notes the various interventions but does not transcribe verbatim or in any case punctually the interventions themselves. “Furthermore, those minutes would not even have been” read, approved and undersigned “by those present, so much so that before publishing them on-line the lawyer had tried to hide the names of the participants. In short: being the result of consultancy activities va of the minister and not having “a minimum of formal characteristics”, not even a protocol number, the non-skills department is obliged to show them to anyone through “civic access” . Not even to an MP. “There is the risk – wrote the lawyer – that any written, anonymous, apocryphal or perhaps artifact will be given general knowledge, even if in concrete terms extraneous or irrelevant for the purposes of administrative action; that public deeds are made intended to contribute to the exercise of political functions, which, by nature, requires confidentiality in the processing phase of the choices “.

The Avvocatura, a reading the cards, she seemed convinced of her reasons. So much so as to ask Palazzo Spada to “reform the TAR sentence” and reject Bignami’s original appeal. Technology on June 4, 2021. A month later, however, the ministry changed its knowing and decided to renounce the appeal because it no longer saw any interest in proceeding with the legal battle. A point in favor of Fdi, says Bignami , but it does not end here: “We ask for transparency since the beginning of the pandemic – the honorable Giornale.it says – They never gave it. They never responded to our requests. They never spontaneously fulfilled their duties ”. Now the goal is to obtain transparency on contracts during the pandemic: “We want to know if those who determine the choices that affect us all have conflicts of interest with those who are making avalanches of money by imposing obligations and constraints on Italians. This will be our next battle that we intend to win as well as the others. “

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