In Favignana Salerno she remains a councilor: her dismissal is suspended

In Favignana Salerno she remains a councilor: her dismissal is suspended
In Favignana Salerno she remains a councilor: her dismissal is suspended

Giuseppina Salerno will remain municipal councilor of Favignana. This is the decision of the Regional Administrative Court (TAR) of Palermo which accepted his appeal against the resolution of the Favignana City Council, voted last March 25, which decreed his forfeiture.

Salerno shared by expressing satisfaction with the court’s decision. The TAR suspended the contested acts, supporting Salerno’s reasons with a clear and articulated motivation. The decision was based on the principle of “fumus boni juris”, highlighting that the City Council does not possess absolute discretionary power in evaluating the justifications for the impediments presented by the councilor.

The ruling specifically mentions: “The circumstances that justify the exercise of the power of forfeiture must be interpreted restrictively and with extreme rigor given the limitation that forfeiture entails on the exercise of a munus publicum and the possibility of a distorted use of the power by of the City Council, for reasons of political conflict.” This interpretation refers to a significant precedent from the 2021 Council of State.

Salerno adequately justified his absences from the sessions in question, as recognized by the documentation provided. The TAR also recognized the existence of a “periculum in mora” due to the close connection between the forfeiture and the simultaneous discussion of a motion of no confidence against the Mayor of Favignana, suggesting that the political context could have influenced the Council’s decision .

The impact of this suspension is significant, not only for Salerno but for the entire municipal administration, as it highlights the need for fair and legally founded management of internal dynamics. Salerno, visibly relieved and strengthened by this legal victory, declared: “Today I can say that what I suffered was violence against every institutional rule and norm and against every form of respect for personal relationships.”

The hearing for the examination on the merits has been set for 8 October 2024.

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