Italian federal elections appeal : "What the court of appeal will decide"by Roberto Petazzi

In my opinion it is likely that the Federation court of appeal will not come to any final verdict on the matter. In other words, even though it had a 90 days'time frame to compile a detailed judgement,the court most likely will set aside the matter due to some sort of procedural mistakes. Why would I say that?For two reasons:firstly because the court will not enter into the actual merits of the appeal.By avoiding that,the federal body will stay away from analysing the various points of the appeal which could unveil actual facts.Facts which would cause the court to back the appeal up. Secondly, because in another instance,the very same court has recently reiterated the importance of taking into consideration the "other party's side of the story" when it came to an appeal case. So, is it really like that? In my view,when we have been facing the chance that a mistake had damaged the legality of a process which brought about an elected assembly, then the question would be whether there was such a mistake. If this procedural mistake can not be rectified the only solution would be to declare null and void the elected federal body. The Italian federation's disciplinary code of rules(Art. 42 paragraph 5, provides only the "possibility" that there would be the "other party".Therefore conflicting parties are not a dogma. For example,a judge who has to deliberate about the responsibility of a car accident,will have to listen to all parties involved.By doing that he would have a better understanding on the facts and then come to his final verdict. If, however, a court must decide whether a passport is valid or expired, it will have simply to look at the passport. It does not help anyone, neither the judge nor the expired passport holder,to inform the very same office which issued the document that the passport is either valid or expired.