Milan-Cortina, the judge sends the documents to the Consulta. Chigi: "Serene and confident"
Milan's gip Patrizia Nobile writes in the 53-page order: 'The government decree armouring the Foundation is unconstitutional.
Key points
The 'regulatory intervention whose legitimacy is being debated', i.e. the Meloni government's decree of 2024 that reaffirmed that the Milan Cortina 2026 Foundation is a body governed by private law, excluded 'the attribution of the qualification of body governed by public law', despite 'the existence of the requirements provided for by the 2014 EU directive' of 2024 and, therefore, 'in violation of the same'. supranational obligation of penalisation', such as the UN Convention 'against corruption'.
This was written by Patrizia Nobile, the Milan judge of the magistrate's court, in the 53-page, highly technical-legal order with which she raised the question of the constitutional legitimacy of the government's decree-law before the Constitutional Court.
And this "with an impact in proceedings concerning criminal offences", such as bribery, which are "also the subject of a specific 'constitutional legitimacy' of last year's government decree", as requested by prosecutors Francesco Cajani and Alessandro Gobbis, coordinated by deputy Tiziana Siciliano.
Gip: Government violated EU law and affected corruption investigation
With the 'Save Olympics' decree of June 2024, the Italian government denied the 'qualification as a body governed by public law' to the 'Milan Cortina 2026 Foundation', the order explains, and did so 'in violation' of EU directive 2014/24 on public procurement.
According to the gip, the organising body of the Winter Olympic Games meets all the 'requirements' under European law to be considered a public law body, and the government's decision had a direct 'impact' on criminal 'proceedings' also for 'corruption', a crime 'subject to a specific supranational obligation' under the UN's Medida Convention, ratified by Italy in 2009.
