Giovanni Di Leo remains at the helm of the Public Prosecutor’s Office of Agrigento. The judges of the first section of the Lazio Regional Administrative Court, chaired by Francesca Petrucciani, rejected the appeal of magistrate Roberta Buzzolani, current prosecutor of Sciacca, with whom she had requested the annulment of Di Leo’s appointment as head of the public prosecutors of Agrigento. Roberta Buzzolani, represented by the lawyers Giovanni and Giuseppe Immordino, had challenged the resolution of the plenum of the CSM which had conferred the role of Chief Prosecutor of the Republic of Agrigento last July on Giovanni Di Leo, represented by the lawyer Maria Beatrice Miceli.
Last July 26, the CSM chose Di Leo who received 17 favorable votes (including that of vice president Pinelli) against the 12 of Roberta Buzzolani. The appointment was thus challenged by the current prosecutor of Sciacca who complained about the illegitimacy of the judgment made by the Superior Council of the Judiciary and, in particular, the evaluation of the so-called “specific indicators” such as having already held managerial positions. For the judges of the Lazio TAR called to rule on the merits “the CSM’s judgment is not illogical, it is based on a purely merit-based assessment and cannot be subverted by a different assessment of the administrative judge”.
The administrative judges underlined that “in the assignment of managerial and semi-managerial roles the CSM enjoys a wide margin of appreciation which can be questioned, in terms of legitimacy, only if invalidated by unreasonableness, omission or misrepresentation of facts, arbitrariness or lack of motivation”. The TAR writes: “Di Leo has experience both in the civil sector and (mainly) in the criminal sector, having carried out judging and prosecuting functions in first instance offices and at the Supreme Court of Cassation”.
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