A (federal) president can be forever: the Council declares the three-term limit unconstitutional

He won complicated. In reality she had already won, because in the summer the parliament has approved on the sly a amendment (it is said to be promoted above all by the Forzista and king of the swimming pools Barelli) which still allowed all the master fathers of the Federations, who had been in office for decades, to run again. But now the blessing has also arrived Consultation: the judges ruled that it was unconstitutional the three-term limit set by former minister Lotti’s famous law 8/2018. The boyars of sport will potentially be able to get re-elected forever.

As already told by Doneeven of save the chair the federal presidents had invented an appeal to the TAR, presented as a picklock by some unknown regional councilors of the tennisto raise the question of unconstitutionality and get to the Consulta, so as to undermine the law which, having exceeded the limit of three mandates and also the bonus re-election granted in the last round, would have forced them to go home. Objective achieved in all respects. Raising the specter of the incoming sentence and moving all theirs friendships policiesthe presidents had already obtained the measure which will allow him to remain in the saddle, with the only condition of having to obtain a qualified majority of two thirds. In the meantime, however, the sentence has also arrived Consultationand this too proves the boyars right.

In reality, the Court’s mechanism is obviously more complex than that. There sentence n.184 (the judge is the speaker Daria De Pretis) first of all, it only decides on the territorial bodies, given that the appeal was presented by the advisors regional, so in theory it does not concern presidents, although it is clear that it establishes a general principle. That of theunconstitutionality of the limit. Be careful, however, not absolutely, but only for how it was done. In fact, the judges underline that it is legitimate for the State to intervene to “avoid the training and the crystallization of internal power groups”, “a purpose that is neither arbitrary nor specious”. The problem of Lotti law it was its “drasticity and irreversibility”: “the definitive ban (three mandates and then that’s it forever, editor’s note) is “excessive in relation to the objective, albeit legitimately so pursued”. In short, a brake on the eternal re-elections of the President it could have been put, but not like this: probably the most balanced point of impact would have been that of the three-term limit.”consecutive”. But today the question no longer arises, because the contested rule was superseded by the amendment approved in the summer, which has already remedied the problem. However, a welcome gift, given that the judgment todayalthough favorable to the presidents, would have forced them to sit still for at least one lap, and instead they won’t have to skip that either.

There remains perhaps only one knot to untie. What will become of the Coni e di Giovanni Malagòthe only sports manager for whom the three-term limit still remains valid, given that the appeal (like the amendment) only concerned the Federations? He could see in this sentence a basis for which cling even him. In reality, the Consulta repeatedly clarifies that its reasoning it applies to the Federations precisely because they are subjects of private law, while the Olympic Committee is a public body. On a legal level, therefore, there is no glimmer of hope, but the situation is different sensitivity politics. And it seems that someone in parliament is already preparing another amendment…

Twitter: @lVendemiale


2023-09-29 14:51:16
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