by Andrea Biondi
The Court of Naples has ordered the immediate reinstatement of Maestro Stéphane Lissner in the role of superintendent (and, consequently, also of artistic director) of the Teatro San Carlo in Naples. The defense team made this known
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The Court of Naples has ordered the immediate reinstatement of Maestro Stéphane Lissner in the role of superintendent (and, consequently, also of artistic director) of the Teatro San Carlo in Naples. We read it in a communication from the master Stéphane Lissner and the defense panel composed of the labor law expert Claudio Morpurgo (Morpurgo e Associati firm), the constitutionalist prof. Giulio Enea Vigevani (Milan-Bicocca University and ACCMS firm) and by the governance expert Pietro Fioruzzi (Cleary Gottlieb firm)
«Today’s precautionary order from the Labor Judge Dr. Clara Ruggiero – we read in the press release – has decided, in fact, that the Legislative Decree of 10 May 2023, n. 51 which had been used to anticipate the termination of the employment relationship must be interpreted in the only sense that makes it compatible with the constitutional principles and the previous regulations in which the aforementioned decree falls. This obviously also applies to that “contra personam” provision, which would have applied only to Master Lissner, which provided for immediate termination for superintendents over seventy years of age, regardless of the expiry date of the current contracts. All of this, as is known, to free up the post of theater superintendent for Doctor Fuortes and obtain his resignation as CEO of Rai.”
Therefore, in the words of the Judge: «The revocation ante tempus, with respect to the natural expiry, of the current employment contract of Maestro Lissner concerning the role of superintendent and artistic director of the Teatro San Carlo must be considered illegitimate as it does not include his case within the scope of application of the standard. The order adds that, if the provision had been applicable to Maestro Lissner, the requirements existed to raise a question of constitutional legitimacy of the Government’s decree-law”.
Stéphane Lissner is satisfied: «An act of justice, after months spent in a “limbo” that I didn’t deserve but above all the San Carlo Theater and the city of Naples didn’t deserve. Today, the Court of Naples gave the first, fundamental signal of how my dismissal was an illegitimate and ad personam act, devoid of those contents of “legal civility” that must guide every democratic system. I see in this decision an inseparable link with the European dimension of which Italy, Naples and the San Carlo Theater itself are authentic and constitutive expressions. Now, I am available to carry out my role together with the extraordinary people who work in the Theatre.”
It all stems from the story which culminated in the removal of maestro Lissner from the position of superintendent of the San Carlo Theater in Naples, a position which was later filled by the former CEO of Rai Carlo Fuortes. Who, in turn, in the end it is as if he had that position as a compensation for his exit from Rai a year before the end of his mandate. But to square the circle, the Government used the instrument of the decree law, which established the forfeiture of foreign superintendents who have reached the age of 70. The rule thus put Stéphane Lissner out of action, who in January reached the age of 70 which, by decree of 4 May, represents the age limit for directors of opera-symphony foundations. A limit, it must be said, which already applies to our Italian colleagues. However, Lissner immediately highlighted his good results. And the contract runs until 2025. Now the ruling from the Court of Naples.
Andrea Biondi
Vicecaposervizio
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2023-09-12 13:28:55
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