Mayors cannot transform themselves into judges of the Council and the Minister can remove them

Paolo Becchi
Salvini's security decree is also an excellent deterrent against the abuses and injustices of recent years. It's well known, for example, that public housing is promptly assigned to large families of asylum seekers, without Italian citizenship but with families made up of several minor children. This is certainly made more difficult with the new rules on the registry for asylum seekers, and it is a way to discourage illegal immigration. Some mayors of the anti-Italian left, led by Orlando with De Magistris and Nardella in tow, they set themselves up as champions of the migratory invasion and demonstrate their intention of not wanting to apply a state law. If these announcements were followed by facts, There are legal remedies.
One of these is the application of art. 142 of the Tuel, the Consolidated Law on Local Authorities, which provides that «by decree of the Minister of the Interior the mayor, the president of the province, the presidents of the consortia and mountain communities, the members of the councils and boards, the presidents of the district councils can be removed when they carry out acts contrary to the Constitution or for serious and persistent violations of the law or for serious reasons of public order".

The security decree is a state law that incorporates the initial law decrees called "security" and "immigration", on whose text the Conte government merged - for the phase of conversion into law - posed the question of trust, even voted by Parliament with an absolute majority. The Parliament, it must be remembered, it is the constitutional body that exercises popular sovereignty and is therefore at the center of the entire institutional structure of the State. A mayor who refuses to concretely implement a state law does nothing other than subvert the democratic order of the Republic, reason why the Minister of the Interior is entitled to remove him from office with consequent dissolution of the city council and the council, with the appointment of the prefectural commissioner and new administrative elections for the first month of May.
Prime Minister Conte, he got busy throwing water on the fire, declaring himself willing to listen to the representatives of the Anci - National Association of Italian Municipalities - to find a shared solution. But there is little to discuss and share here. There is a law of the Republic that mayors are required to respect. Laws can be criticized and changed, but mayors cannot transform themselves into judges of the Constitutional Court. In this situation Salvini really has everything at stake. This is why he must not retreat. If Orlando and his companions did not apply the rules of the safety decree, the Minister of the Interior will have to apply the law and remove them from office.
source – https://paolobecchi.wordpress.com/2019/01/06/i-sindaci-non-possono-trasformarsi-in-giudici-della-consulta-e-il-ministro-puo-rimuoverli/
 

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