The National Bar Council has resolved the dismissal from the office of the Councilor and therefore of the President of the Gaetano Paolino Bar Association.
THE MOTIVATIONS
In ruling on the merits of the appeal upon reinstatement following the order of the Supreme Court of Cassation of 11 April 2024 n. 9771, with which the sentence of this Council no. was quashed with postponement. 73/2023 of 4 May 2023, the principle expressed in the aforementioned termination order which established as follows:
“The re-nomination of the lawyer. Paolino in the 2023/2026 electoral round violated the prescription of the last period of the 3rd paragraph. of the art. 3 ln 113/2017, as it was carried out without an interval equal to that of the years in which the previous mandate took place; it must indeed be reiterated that the notion of mandate must be understood in an objective sense, having to refer to the actual duration of the councils, with the consequence that, for the purposes of verifying compliance with the aforementioned provision, it is not sufficient that there has been a “stop” of consiliatura and that the missed consiliatura has reached its natural expiry, but it is also necessary that a period of duration equal to the mandate previously held has elapsed (i.e. the period that the legislator considered necessary to exclude the possible influence on the electoral body resulting from the previous completion of the council mandate)”.
It is proven ex actiis that the duration in terms of years (three years and five months) of the 2019/2022 council of the Council of the Bar Association of Salerno, to which the lawyer. Gaetano Paolino did not participate, it was inferior, again in terms of years, to the second consecutive council meeting carried out by the same interested party (2015/2018 which effectively lasted almost four years and seven months), having chosen the Council then in office to make use of the extension ex lege referred to in art. 1, paragraph 2, of legislative decree 2 of 2019.
This circumstance is not even contested by the other interested party himself who, indeed, in his defense deductions of 23 May 2024 expressly stated that “following the ruling of the Supreme Court, this Honorable CNF is therefore bound to apply art. 3, paragraph 3, last sentence of ln 113 of 2017 in the sense indicated therein. To this end, he should declare, now and then, the ineligibility of today’s deductor”.
Given the above, the appeal proposed by the lawyers Maura De Angelis, Francesca Di Renna, Gennaro Greco, Remo Fabio Pipi and Saverio Vignola must be accepted as the lawyer’s ineligibility must be affirmed. Paolino for the 2023/2026 council.
For this reason, the illegitimacy of the measures challenged in the appeal will have to be declared in the part in which they had instead admitted the candidacy of the same counter-interested party and proclaimed his election in violation of the art. 3, paragraph 3, last sentence of law n.113 of 2017. and, as a result, the ranking is scrolled.
Consequently, the election of the lawyer. Gaetano Paolino for the 2023/2026 council must be cancelled, declaring his forfeiture from the office of councilor and, as a result, the ranking will have to be scrolled with the taking over of the office by the first of the non-elected pursuant to and for the purposes of the ‘art. 16 of law no. 113 of 2017.
