The Ministry of Defense is trying to dispel doubts about the possibility of Roberto Vannacci running as a candidate in the Center constituency in the next European elections, guaranteeing that there will be no obstacles for the general. The doubts, on which, according to Ansa, certain parliamentarians had requested clarification, were raised by lawyer Massimiliano Strampelli contacted by Repubblica. The hypothesis he put forward was that Vannacci could not run as a candidate in the constituency in which he had served under the military code: “For the military, there are legislative limits on the possibility of presenting their electoral candidacy . Article 1485 of the Military Code expressly provides for the causes of ineligibility for Parliament – said Strampelli, professor of military law at the Link Campus University – Among these, the ineligibility of general officers, admirals and officers superiors of the armed forces of the State, in the district of their territorial command”. A question which does not seem to bother Vannacci. The general, always atHandlespecifies: “This is a rule valid for administrative elections, not for European elections to my knowledge”.
The version of the professor of military law
Legislative Decree 66 of 2010 – which directly refers to Article 7 of the Decree of the President of the Republic of March 30, 1957, n. 361 – explicitly refers to elections for the national, administrative and regional Parliament, while for the European Parliament the legislation would be devoid of discipline. Returning to the specific case of Vannacci, the military system seems to foresee that the general retains his functions, although he has been suspended from the functions of chief of staff of the command of the land operational forces and the operational command of the army. Hence the presumed ineligibility of the candidate on the League lists. In any event, according to lawyer Strampelli, there is no substantial difference between the rules of ineligibility in Italy and those in Strasbourg. “The rule does not expressly regulate a cause of ineligibility for the European Parliament but it must be considered, in application of general principles, that the same considerations concerning potential conflicts of interest and the conditioning of voting choices which apply to national electoral choices and the relevant discipline also applies to European elections.
The Defense version
The Ministry of Defense has a completely different view, according to which “without prejudice to the jurisdiction of the Ministry of the Interior regarding the eligibility of (any) candidate, the Ministry of Defense does not consider that there were violations of the military code. “. The Ministry of Defense explains to ANSA that “the necessary checks have been carried out with the competent bodies”. And he specifies that “art. 1485 of the Military Code, in defining the causes of ineligibility for Parliament, refers to the decree of the President of the Republic of March 30, 1957, n. 361. The presidential decree in question, however, regulates the rules for election to the Chamber of Deputies and specifies in particular that “… general officers, admirals and senior officers of the armed forces of the State, in the constituency of their command do not are not territorially eligible. Art. 1486 of the code then – continues the ministry note – by regulating the causes of ineligibility for the office of regional advisor, specifies that 'general officers, admirals and officers are not eligible for the status of regional advisors in the territory where they exercise command. . superiors of the Armed Forces. The aforementioned article also specifies that “the cause of ineligibility has no effect if the person concerned ceases to exercise his functions due to resignation, transfer, revocation of functions or command, placing on leave without pay, at the latest on day fixed for the presentation of the candidatures.
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