A cold shower, as previously mentioned, the rejection of the appeal that the lawyers of the candidate for mayor in the November local elections in Acquaro, Giuseppe Barilaro, presented against the refusal of the list led by him, “Uniamo Acquaro”, which should have competed in the elections against “Acquaro Bene Comune”, headed by the retired police inspector Pino Ferraro. Three errors were contested: absence of the list mark on the candidate presentation form; placing the presenters’ signatures on loose sheets of paper not physically connected to the main form and without the list mark; lack of date in the act of authentication of the signatures of the subscribers. Errors which, despite the defense briefs presented by the lawyers, Antonio Barilaro and Giuseppe Izzo, the Administrative Court considered substantial and decisive for rejecting the appeal. In extreme summary, in fact, the TAR maintains that: «the absence of the list mark on all the forms containing the signatures as well as the absence of any form of physical conjunction with the main form, prevents the same sheets from being considered as a documentary uniqueness suitable for guaranteeing that, when signing, the subscribers were aware of the list for which they were asked to compete and of the names of the candidates contained in it (Council of State, Section. V, 6 May 2022, n. 3857)”. Without considering that “the fourth sheet, in which there are 12 of the 32 signatures in total, lacks both the symbol of the list and any textual element that leads it back to the presentation of the list and the candidatures”. In light of these and other theses put forward by the TAR, it is even possible to ignore the examination of the residual complaint, relating to the lack of the date in the authentication of the signatures, since: “in the presence of a multi-motivated act, confirmation of the legitimacy of one of the autonomous justifying reasons of the administrative decision is sufficient to lead to the rejection of the entire appeal in consideration of the fact that even in the case of the validity of the additional reasons for complaint referring to the distinct rationes decidendi placed at the foundation of the administrative measure, this could not in any case be annulled as it is supported by an autonomous, confirmed justifying reason. the Aire, stands at around 620 preferences.
John
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