Alleged ineligibility of Mayor Bucci, the Court of Appeal rejects the appeal

Genoa – The first section of the civil appeal court of Genoa has the appeal presented by several citizens regarding the ineligibility of Marco Bucci as mayor was rejected because also extraordinary commissioner for the Polcevera viaduct. The second instance judges considered the first instance decision to reject the appeal acceptable.

According to the magistrates, the extraordinary commissioner “unlike the Government Commissioner, carries out functions delegated to him only on an extraordinary and provisional basis, to achieve specific objectives. Unlike the functions of Government Commissioner […] they are instead normally attributed to the prefects, bodies of the State for which ineligibility has been foreseen in line with the rationale underlying said rule, aimed at avoiding forms of interference by bodies of the State with respect to territorial electoral consultations”.

The judges continue “it must first of all be considered that Dr. Bucci already held a position of influence – well before his appointment as extraordinary commissioner – being such subsequent appointment to the office of mayor of Genoa held since 2017, so there is no one who fails to see how, from this point of view, the subsequent appointment as extraordinary commissioner could not – and cannot – in any way alter either the level playing field between the candidates or the freedom to vote , more than Doctor Bucci being the outgoing mayor and, therefore, already endowed with powers of active administration which, with the appointment of extraordinary commissioner for the reconstruction of the Morandi bridge, were 'simply' expanded”.

Among others, those who presented the first appeal were the former regional prosecutor of the Court of Auditors Bogetti and the former rector of the University of Genoa Paolo Comanducci.

The Genoa court had confirmed the possibility of the mayor running for a second term despite already holding the position of extraordinary commissioner for the reconstruction of the Morandi Bridge.