by http://www.womenews.net/spip3/spip.php?article7776
After the inexplicable rejection by the Lombardy Regional Administrative Court on appeal by Article 51 in the person of Angela Ronchini President and Vice-President Alda Widmer, despite the veto of the news print media, is spreading across the network. Certificates of appreciation and congratulations to cross an initiative ever undertaken, despite the first step is not favorable, will continue with the appeal in the State Council.
E 'was issued the ruling in the trial held in the Lombardy Regional Administrative Court for the annulment of the appointment of 16 aldermen, 15 men and 1 woman, by contrast with the regional statute and with the European legislation transposed by gender rebalancing' Italy two months before the appointment of regional councilors.
The appeal was admitted in July 2010 and after the hearing on September 15 was discussed at the December 17 hearing to discuss in front of new judges.
reading the sentence the impression we have is that the Tar has gone off topic.
not read anything on Article. Lombard or Article 11 of the Statute. A code of equal opportunities amended under pressure from the European Union in January 2010, but it's true or not?
We ask lawyers Ileana Alesso, Massimo Clara and prof. Marilisa D'Amico, professor of constitutional law at the University of Milan, who represented the applicants' reasons and two associations of DonneInQuota Milan and national UDI, intervened in the process in support of the four applicants and the Art Association. 51 Laboratory of parity democracy.
"The TAR has circumnavigated the topic remained off without ever landing on the ground. And the effect of inertia, is that the situation remains as it was. Judgement will be published on the websites of the associations for which there was Finally, despite the radical opposition of the Lombardy Region and the recognition of the role played in equality of opportunity, and then confirmed as fully entitled to support in the future legal claims for equal democracy, "says the lawyer Ileana Alesso .
"However," continued the lawyer, "the results that emerge from the judgment and a region that has devalued the local level and thrown overboard in its Statute and as with the EU can no longer incense as a region of Europe. For more Tar has returned to the ballast of the political responsibility of his choice and it is only logical that did not want to give notice of this ruling. "
"It 's defeat of a policy that does not know how to apply in practice what it claims in theory. The parity democracy introduced in 2008 is a provision in the statute regional innovation it has come a long way with cultural, political and legal in more than a year of special sessions of the regional commission composed of representatives from all parties given the importance of regional statutes of the next generation after the reform of Title V of the Constitution. The road to equality is long, "says the lawyer and professor Marilisa D'Amico " but we must insist on the recognition of the principles written and implemented, in particular Article. 3 and art. 51 of the Constitution concerning equality and equal access to public offices and elected positions.
"And anyway," said the lawyer. Massimo Clara, "for the annulment of the sentence and the revival of all topics not examined by the first section of the Lombardy TAR there is a ritual remedy, institutional and democratic, the application to the State Council and the Court of Human Rights in Strasbourg. Our system has structured and provided for this purpose the two levels of jurisdiction, and in some cases even 'third degree' and that is also the possibility of asking the Court of Cassation, in its recognition and guarantee of institutional will, expressed in the Constitution , to remedy the error or the circumvention of the court or tribunal in the first instance court for the protection of the rights and legitimate interests of citizens or individuals associated.
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