"I want to clarify: I have absolutely resigned but the timing presupposes what I call
a two-stage resignation
: from this moment on I have no active powers and I don't want to exercise them."
The resigning undersecretary, Vittorio Sgarbi, explains this to La7 where he speaks of "self-suspension".
"But I have instructed a firm to proceed with the incompatibility assessments" with an appeal but "the resignation is certain whatever the decisions of the TAR".
In short, "I would resign even if the TAR's ruling was favorable to me" but now we need to "allow the TAR to rule and a ruling makes no sense if I have resigned".
"If the government decides to ask me for immediate resignation, it can ask me and I can also give it, and I will give it. But at the moment to present the appeal" to the TAR against the Agcm resolution, there is a "procedure that takes its time Meloni didn't call me, and I didn't feel alone at all, but if he wants to call me, call me and I'll do what he tells me", Sgarbi told l'Aria che tira.
"If the government, through one of its ministers, has promoted an investigation into the conflict of interest within the government, it is right that I ask the Antitrust Authority to
extend the investigation to all institutions, with the same criteria
. in retaliation, but out of respect for the institutions whose decisions I have deferred to. And that you guarantee the integrity of the government regarding possible incompatibilities, if I am not allowed to speak and promote art and my ideas in any way ", wrote Sgarbi in a letter to Prime Minister Giorgia Meloni, reported by Corriere della Sera.
"I do not agree with the resolution of the Agcm, I will appeal to the TAR
- writes Sgarbi in the letter -. But the resolution is clear: I cannot live the life I have led for fifty years, I cannot be myself and be an undersecretary The Antitrust did not say «this or that activity in Sgarbi's life is not good», but his «entire activity as a writer, narrator, curator and art historian» (and with this also promoting and selling his books , as you also did): that is, it is my life. It is, as one immediately understands by reading the forced motivation, a decision that is as "politically correct" as it is legally incorrect. In fact, no true jurist understands why to hold a conference on Caravaggio, participating or chairing a round table on Tintoretto, presenting a book on Michelangelo, may constitute a violation of the limits of the law, generating an incompatibility with the ministerial function, to the point of distorting its meaning".
Pd: 'Meloni tell us if Sgarbi has resigned or revoked his position'
"We learn that the Prime Minister has received a letter signed by the 'resigning undersecretary', Vittorio Sgarbi, which would announce a negotiation with the government on the methods, timing and consequences of his resignation. We are faced with a situation that has never happened before which throws the institutions into ridiculous and embarrassed. Meloni must state clearly whether Sgarbi has resigned or not. And, if not, end this unspeakable dance and immediately propose the decree of revocation of the undersecretary to the President of the Republic".
Thus the democratic group leader in the Culture Commission of the Chamber, Irene Manzi.
The Antitrust resolution on Sgarbi has been published: "Activities incompatible with his role"
The Competition and Market Authority has published the resolution concerning Vittorio Sgarbi in its weekly bulletin.
"The Undersecretary of State for Culture, Vittorio Sgarbi - we read in the text drawn up by the Antitrust - has carried out professional activities as an art critic, in matters connected with the government office in favor of public and private entities, in violation of article 2, paragraph 1, letter d) of law 20 July 2004, no. 215" or the Frattini Law on conflict of interest".
"On the basis of the overall elements collected - we read in the Antitrust provision - it was found that Prof. Sgarbi, in the period following his assumption of the position of Undersecretary of State, carried out numerous organized activities, such as independent events or events included in the program of broader cultural events".
And specifically, these were activities "attributable to the genus of professional activities", something confirmed "not only by the object, but also by the fact that they are supported by a stable organization of people and means specifically dedicated to this".
In fact, the Authority's investigations revealed that two companies, Hestia and Ars, "assist Sgarbi in the management of all phases relating to the performance, including logistical aspects".
In particular, we read further, Ars "acts as a trait d'union between the art critic and possible clients, submitting a sort of list of proposals, with relative quantification of the fees, within which the organizer can choose the performance that he prefers (intervention, lectio magistralis, theatrical show, etc.), to which extras may be added, also for a fee (participation of the critic in TV presentations, stay after the closing of the event with availability to be photographed by the public , signature copies, etc.)".
For the majority of events, "Ars appears to have acted as an intermediary between Prof. Sgarbi and the organizers of the event, the latter being the recipient of the payment".
But according to the Antitrust, "it seems difficult to contest that, even when the fee is collected, directly or indirectly, by Ars or Hestia, it can be at least partly qualified as consideration for the activity carried out by Sgarbi".
From the evidence in the documents, a substantial identification of the undersecretary with the two companies in question emerges: among other things, the shareholder and sole director of Ars is Antonino Ippolito, historical collaborator of Sgarbi and his current head of secretariat at the Ministry, while the shareholder and sole director of Hestia is Sabrina Colle, Sgarbi's partner.
The element of occasionality of the activities carried out by Sgarbi highlighted in the defense briefs, we further read, is "completely incompatible with the creation and maintenance of a stable organization of people and means whose sole purpose is to organise, manage and implement the interventions of Prof. Sgarbi for a fee".
The Antitrust also underlines that "the principle of exclusive dedication to the care of public interests cannot, in fact, be emptied of content through an indefinite sum of activities which, even where considered individually permitted, as a whole lack the requirements of the occasionality and temporariness, resulting in a significant diversion of time and intellectual resources from the pursuit of the interests underlying the government position".
As regards the activities of offering editorial products to the public carried out through the website www.vittoriosgarbi.it, the Antitrust communicates the closure of the preliminary investigation procedure due to the cessation of the incompatibility situation hypothesized in the objective extension act" , also following the closure of the section of the website intended for the sale of books.
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