As is known, the Aspromonte National Park was placed under commissionership on 6 February 2024 with Decree of the Ministry of the Environment and Energy Security n.0000046. With the same decree the Minister appointed the architect Renato Carullo as commissioner and dismissed the Board of Directors and the President himself. Subsequently, the President and at the same time a member of the Board of Directors presented an appeal for the annulment, subject to suspension of the effectiveness of the Decree of the Ministry of the Environment and Energy Security and simultaneous revocation from office of the President of the National Park Authority of ‘Aspromonte and its Board of Directors. The Aspromonte Park Authority, which has appeared in court together with the Ministry of the Environment and Energy Security, believes it must make known the rejection on 9 May by the Regional Administrative Court for Calabria, Separate Section of Reggio Calabria , with the Ordinance (n. 00245/2024 REG.RIC) which establishes the following:
“Deeming in particular that, since it is a revocation sensu “sanction” and expression of the exercise of a supervisory power over the work of the Body of which the Ministry of the Environment is the exclusive owner (art. 9 paragraph 1 and 21 L. no. 394/91), the conditions for the operation of the preventive “agreement” with the Region which, vice versa, characterizes the procedural model for the appointment of the President of the Entity, do not exist, as a guarantee of regional powers as well as of the principle of loyal cooperation between State and Region, constitutionally guaranteed; Furthermore, considering that the resolution of the grounds of appeal relating to the multiple and complex disputes relating to the management of the Institution is incompatible with the current precautionary phase within which, in a correct balancing of the interests at stake, it must be considered prevalent, in terms of periculum in mora, the public interest in the continuity of the organisation’s activity, through the established commissionership, to guarantee the institutional objectives that it is called upon to pursue; Considered necessary to regulate the costs of the phase in application of the principle of losing”, therefore, it rejects the request for a precautionary measure and orders the appellants to pay the legal costs, in favor of the Aspromonte National Park Authority and the Ministry of the Environment and Energy Security.
