NAPOLITANO ATTACK HAS THE CONSTITUTION ! FILED BY CINQUESTELLE impeachment . FINALLY!
Posted on January 30, 2014

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Impeachment for , Giorgio Napolitano , the 5 Star Movement has been formally accused the

"This morning the 5 Star Movement presented in both Houses of Parliament , the complaint for commissioning impeachment of the President of the Italian Republic ." This was said in the classroom parent M5s in the Senate, Maurizio Vincenzo Santangelo , then asking an adjournment of two hours "to allow our group to meet " in the light of the events of Wednesday in the House. The offense for which the accused grillini Napolitano is against the Constitution .

Napolitano

The reference is to the decision of the President of the House, Laura Boldrini , to apply the so-called guillotine at the IMU - Bankitalia decree suspending the classroom discussion and proceeding directly to the vote in order to convert the measure due to expire at midnight , sending on a rampage Members M5s .

Failure to refer to the Chambers of unconstitutional laws , abuse of power of grace ; serious interference in judicial proceedings relating to the negotiation state - mafia are among the charges for the President of the Republic in the request for impeachment motion filed by Beppe Grillo. The Five Star also criticize Napolitano had exercised improper pressure on Parliament to impose a derogation procedure of Article 138 of the Constitution for reforms and for not stopping the abuse of the emergency decree by the government .

Meanwhile brawl in the Constitutional Affairs Commission of the Chamber of Deputies where the M5s classroom block the parliamentarians of other political forces. The committee voted to mandate the rapporteur of the electoral law between the screams of the parliamentary 5 stars . The speakers were the ushers.

In Beppe Grillo's blog was published the text of the complaint against the head of state .

HERE IS THE TEXT OF PRESS CINQUESTELLE

This morning, January 30, 2014 , the Movement 5 Stars presented :
COMPLAINT FOR STARTING STATE OF CHARGE OF THE PRESIDENT OF THE REPUBLIC ON THE CRIME OF ATTACK THE REPUBLICAN CONSTITUTION

The President of the Republic, Giorgio Napolitano , in the exercise of its functions , violated - in terms of objective and subjective , and in ways both formal and informal - the values, principles and norms of the Supreme Constitution of the Republic . The fulfillment and the omission of acts and facts which may hinder and disturb the activity of constitutional bodies , attributable and attributable to the work of the President in office , led to a substantial change in the form of state and government of the Republic Italian , outlined in the Constitution in force. There has been particular to follow , the main acts and facts designed to set up the offense against the Constitution , in Article 90 of the Constitution

1 . Expropriation of the legislative function of Parliament and abuse of the emergency decree
Our Constitution draws a parliamentary form of government that is embodied in a strong relationship between Chambers and representative government. The absolute governmental malfeasance , characterized by emergency decree , trusts and parliamentary maxiememendamenti configure , rather , a different sort and another that no longer knows the supreme principle of separation of powers. The legislative dominance by the Government , through the law decrees promulgated by the President of the Republic, it is clearly violates Articles 70 and 77 of the Constitution , and rules of primary importance for by the regulations (such as the Law no. 400 of 1988 ), and numerous judgments constitutional Court ( all : Judgment no. 29 of 1995, no. No. 22 of 2012 . 220 of 2013) . But beyond even that impressive quantitative aspect , however, in terms of the constitutional relationship between Parliament and the Government assumes tremendous importance , it is necessary to point out , in parallel, a disturbing expansion of their scope, inherent in legislative matters , and especially in their heterogeneity.
Further serious aspect is the repetition, through decree - law, the provisions contained in another decree - law, enacted into law . The promulgation by the President of the Republic of similar action was in stark contrast to the well-known judgment of the Constitutional Court no. 360 of 1996, which noted that ' the decree - law reiterated - for the fact that reproduce ( in whole or in individual provisions ), the contents of a decree - law is not converted , without introducing substantial changes - affecting the constitutional provision under more profiles . "
The parliamentary form of government , in light of the Government's legislation , fully endorsed by the related promulgation by the President of the Republic , it has been substantially transformed into a " presidential " or " conductor ", in which the constitutional role of Parliament is destroyed in name of the legislation arising from the combined Government - Presidency of the Republic .

2 . Reform of the Constitution and the electoral system
The President of the Republic formally and informally urged Parliament and urged the adoption of a constitutional bill aims to set up an extraordinary procedure and derogation of the fundamental text , both in terms of procedural and below that the organs to amend the Constitution of the Republic .
In particular, the bill constitutional government presented to the Chambers June 10, 2013 , on the basis of the authorization by the Head of State , introduced a constitutional review procedure in explicit contrast both with respect art. 138 of the Constitution, both with respect art. 72 , fourth paragraph , of the Constitution which provides: " The normal procedure of examination and approval directly by the House is always followed by draft legislation in constitutional and electoral matters ."
The Head of State , therefore, has promoted the adoption of a constitutional law exception, among others, the norm closure of the Constitution - that is art. 138 of the Constitution - undermining one of the key principles of our constitutional system : its rigidity . He tried to transform our Charter in the Constitution of a flexible type . Flexibility , transitively , could have been considered expandable , directly and indirectly, to the First Part of the Republican Constitution , which enshrined the fundamental principles of civil coexistence of our democratic system .
The President of the Republic has , in addition, on October 24 , 2013, referred to in the course of parliamentary reform of the electoral law , improperly called some people , humiliating institutionally place naturally deputy to the formation of the laws. It is , in particular , the Minister for Constitutional Reforms , Minister for Relations with Parliament and Coordination of Government Activities , the Presidents of Parliamentary Groups " Democratic Party ", " People of Freedom " and "Choosing a Civic for Italy " of the Senate , and the President of the Permanent Commission for Constitutional Affairs of the Senate.

3 . Failure to exercise the power of the presidential reference
The President of the Republic, stated in Article 74 of the Constitution , before promulgating a plan approved by both Houses , it can send it back to the sender , asking for a new debate. The presidential reference is a function of prior control , place to guarantee the overall consistency of the constitutional system .
Stand out, with evidence , and missed some interventions, necessary referral presidential connected to the unconstitutionality standards vitiated by manifest.
They may , in particular, is evident with reference to the law n . 124 of 2008 (the " Lodo Alfano ") , both with regard to law n . 51 of 2010 ( SO-CALLED " legitimate impediment "). In the first case , the violation of a constitutional nature committed by the President of the Republic were twofold , given both the authorization for presentation to the Houses of the government bill , either on its promulgation ; rule, this was declared unconstitutional in its entirety by the Advisory with ruling no. 262 of 2009. In the second case , the law enacted was declared partially invalid by the Constitutional Court , judgment no . 23 of 2011 and repealed in its entirety by popular referendum in June 2011.

4 . Second election of the President of the Republic
Pursuant to Article 85 , first paragraph, of the Constitution , "The President of the Republic is elected for seven years." It is , therefore , evident that the constitutional text does not contemplate the possibility of carrying out the dual mandate by the Head of State.
In this regard , the President Ciampi had to declare that : "The renewal of a long- term , which is seven , are ill- suited to the characteristics of the republican form of our state ."
Ultimately, even on the occasion of his re-election , the President of the Republic - and accepting the new dual role - has violated the letter and spirit of the constitutional text , which is connected to its fundamental principles .

5 . Improper exercise of the power of grace
Article 87 of the Constitution assigns to the President the ability to grant pardons and commute sentences . The Constitutional Court has ruled , in this regard , with no judgment . 200 of 2006, this institution is solely for the purpose of supporting constitutional " mitigate or elide the treatment of penalties for exceptional humanitarian reasons ."
Conversely, on 21 December 2012, the Head of State signed the decree which was granted to the director of the daily newspaper "Il Giornale" , dr. Sallust , the commutation of the prison sentence still to be served in the corresponding fine. In support of this measure presidential Quirinale has " determined that the bipartisan political will expressed in the bills and supported by the government, has not yet translated into legislation ."
Similarly, the President of the Republic , on April 5, 2013 has given the grace to Colonel Joseph L. Romano , in relation to the death sentence of imprisonment and the accessory penalties imposed by a judgment of the Court of Appeal of Milan on 15 December 2010. The President of the Republic announced that , in the particular case , "the exercise of the power of clemency has thus solved in a situation of apparent delicacy in terms of bilateral relations with a friendly country ."
By memorandum dated 13 August 2013, also the President of the Republic has improperly specified the procedures for the exercise of the power of grace, with reference to the final sentence of Dr. Berlusconi, as a result of an irrevocable penal sentence on serious crimes .
So also with regard to the institutions of clemency power in the hands of the Head of State has suffered a blatant distortion , for the purpose of solving disputes relating to foreign and domestic policy of the country.

6 . Relationship with the judiciary : Process Status - Mafia
Even in the context of relations with the judicial order behaviors of commission of the President of the Republic were marked by flagrant violations of fundamental principles of our Constitution, with reference to the autonomy and independence of the judiciary from any other state power . The Presidency of the Republic, through its Secretary-General , dated April 4, 2012 , sent to the Attorney General at the Court of Cassation, a letter in which you asked for clarification on the configurability of the criminal conduct of certain politicians involved in the survey concerning the negotiation State - Mafia , and even pointing out the opportunity to reach a legally unambiguous vision among the prosecutors in Palermo, Florence and Caltanissetta. In addition, the President of the Republic has raised conflict of attribution to the Constitutional Court against the prosecutor of Palermo , on some wiretaps indirect relating to the same Head of State. This presidential initiative , highly stigmatized even by a President Emeritus of the Constitutional Court , showed a severe attitude of intimidation against the judiciary, moreover, within a delicate criminal proceedings concerning the alleged deal between the state institutions and organized crime . Also with regard to the criminal proceedings, the President of the Republic sent the President of the Court of Assizes in Palermo a letter, in order to escape the evidence of witnesses . In particular, he expressed the hope that the Court could assess " in the course of the hearing in accordance with art . 495 , paragraph 4, Code of Criminal Procedure the real contribution that my statements , the circumstances in relation to which the testimony was admitted , may actually cause the investigation of the case in progress . "

The President of the Republic in charge is not doing , then, its mandate , in keeping with the duties and functions assigned to it by the Constitution and found within its supreme principles . The acts and deeds mentioned above reveal the commission of punishable behavior , arson , through which the head of state has not only exceeded its powers and breached its duties but, in fact , has radically altered the constitutional republican system .
Therefore, in accordance with Law 5 June 1989 n . 219, is particularly timely in the present complaint , once put into a state of accusation of the President of the Republic for the crime of attack on the Constitution.

Movement 5 Stars, House of parlament and Senate