The Civil Court of Milan rejected the appeal of Marco Cappato's list on the case of digital signatures.
As the same list explains, reporting excerpts from the provision of the first civil judge Andrea Borrelli, the decision of the Court concludes by motivating that "the judge was not placed in a position to verify the existence of the aforementioned factual element", that is the "verification of the actual presence of the digital signatures collected together with the certificates ", a check that" cannot be refused, pending the contestation of the respondent party ".
And therefore, according to the judge, "the non-existence of the prerequisite of the request for precautionary protection, apparently constituted by good law (fumus boni juris)" must be considered.
The decision comes five days before the elections - said Virginia Fiume, co-president of Eumans - but after five years since, in 2017, the Parliament had committed (within 6 months !!) the Government to test the digital signature for the presentation of the lists.
An experiment never attempted by any Government but not for this reason expired as a commitment "." The Government had opposed the urgent appeal of the Referendum and Democracy List, advancing the impossibility of postponing the vote in case of acceptance of the appeal because close to the electoral round ", said Marco Perduca, legal manager of the list, adding that" however, no response had ever arrived since 25 July when we formally warned the government to obtain an interpretative decree ". And again:"
The battle between Cappato and Eumans, the note continues, "for the digital signature for the elections does not stop" and "the blame game between institutions will trigger new internal and international appeals".
"In the absolute silence on the part of the Government, Parliament and President of the Republic, the judge of Milan found himself having to decide in conditions of objective blackmail produced by institutional inertia. Also for this reason our action does not end here. A urgent complaint and appeals to international jurisdictions ".
Thus Marco Cappato, leader of the Referendum and Democracy, commented on the decision of the civil judge of Milan Andrea Borrelli who rejected the request for a provision of