Conte’s letter that infuriated Beppe Grillo

Here is the text of the reply letter that the president of the 5 Star Movement Giuseppe Conte sent to Beppe Grillo. The founder, after this letter, revealed all his disappointment against the party leader: “He wants to get me out of the 5S”.

Dear Beppe,

Unfortunately, I must point out that your note dated 5th June contains serious inaccuracies and obvious distortions regarding the role and powers of the Guarantor.

The protection of the fundamental values ​​of the political action of the movement and the power of authentic, non-questionable interpretation of the statutory provisions (I do not want to discuss the legitimacy and concrete legal relevance of this high-sounding prediction here) result in a moral suasion, but they certainly do not extend to the exercise of a supposed right of veto or even to the inhibition of assembly consultation on one or more issues in the life of the Movement.

An insurmountable obstacle to this vision of yours is the democratic principle on which every exercise of political associative activity is based. This is a fundamental principle of our legal system – regardless of specific statutory provisions – which applies to all associative bodies, even more so for political associations, and which attributes “sovereign” power to the Assembly of members.

Furthermore, these principles are well recalled – where necessary – also in our Statute which, when defining the essential “purposes” of the Movement, provides:

“a) The Association guarantees the widest space for democratic discussion and the most intense methods of exchange of ideas, opinions and evaluations among its Members. The Association also aims to maintain a constant dialogue with civil society and with variously representative groups, associations, bodies, even those not registered with the Association itself, in order to encourage the development and collection of ideas, projects, suggestions, useful for enriching one’s political, social and cultural initiatives and improving society and the living conditions of citizens.

b) The Association recognizes that all Members, in accordance with the provisions of the Charter of Principles and Values, of this Statute, of the Regulations and of the Code of Ethics and in particular through the instrument of the Network, an effective role of direction and determination of the fundamental choices for the political activity of the Association” (thus art. 2.2, letter a), of the Statute).

As for the impossibility of opening a deliberative discussion on the founding principles of the 5 Star Movement, I remind you that no statutory provision is exempt from possible modifications and/or revisions by the assembly; the Charter of principles and values ​​itself can be modified in abstract terms (art. 10, letter h, of the Statute); as is provided for by the statute (art. 13, letter a, of the Statute) the possibility of modifying the symbol. As for the name, there are no specific provisions that prevent its modification, therefore such an eventuality is subject to the ordinary statutory revision rules. Finally, the double mandate limit rule is contained in the Code of Ethics (in itself removed from your power of authentic interpretation), which can also be modified through online consultation (art. 17, letter a, of the Statute).

It follows that no preclusion can be imposed on the deliberative power of the assembly on any of the topics mentioned above, nor can your veto power, as you also write, extend generically to “further topics that may emerge and/or result in the outcome of the consultation among the members”.

Lastly, I would like to point out that your repeated public statements are accrediting in the eyes of public opinion a “dominic” conception of the Movement, considering that a single person – even though he is the deserving “founder” – claims to compress the deliberative debate within of the association, flagrantly contrasting the fundamental value that inspired the birth and development of the Movement itself: the democratic principle and the free participation of citizens in decision-making processes.

This conduct of yours, which is fueling the public debate with related hints of future legal disputes and potential splits, risks tarnishing the energy and enthusiasm that this constituent process is releasing, with the result of compromising the efforts that an entire community is making forward to relaunch – with strength and decision – the political action of the Movement, also involving sympathizers who are not yet registered.

I would like to add that these statements are completely incompatible with the obligations you specifically assumed towards the Movement with reference to both the guarantee and the advertising and communication contracts: this forces me to evaluate possible initiatives aimed at suspending the execution of the services provided of the Movement deriving from the guarantee, and the withdrawal from advertising and communication contracts.

Cordially,

Giuseppe Conte

Ps I also pass this note on to the Guarantee Committee, given that one of its members has just publicly invited you to make full use of your statutory “powers”.

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