An important ruling by the Court of Appeal of Milan has established that the Ministry of the Interior must compensate the company Orologio, belonging to the Cabassi family, with an amount close to three million euros. This decision concerns the failure to vacate the building on via Watteau, which houses the well-known Leoncavallo Social Center. The release of the building had been ordered in 2003 and confirmed by the Court of Cassation in 2010, but it was never carried out.
The Milanese judges accepted the arguments of the property, maintaining that there was an omission on the part of the Public Administration. In particular, the Court highlighted the unjustified failure of the public force to allow the execution of the jurisdictional measures requested over the years.
The magistrates recalled rulings from both the European Court and the Court of Cassation, stating that “reasons of protection of public order” cannot be used as an excuse for not enforcing a judicial order. The Court of Appeal also highlighted a crucial point: whenever a citizen opposes a judicial provision, his right cannot be sacrificed because of the unlawful behavior of third parties.
The ruling reiterates that the administration has shown negligence in managing the situation related to the illegal occupation of the building. Despite being aware of the problems related to the building, it did not take the necessary measures to implement the release.
The Court stressed that the simple invocation of public order difficulties cannot justify the inaction of the administration, which let time pass without seeking a concrete solution. This ruling represents an important precedent in the fight against illegal occupation and raises questions about the role of institutions in protecting public order and citizens' rights.
The outcome of this case highlights the need for change in administrative practices regarding evictions and law enforcement. The ruling could serve as a catalyst for other similar situations where citizens’ rights and legal decisions are being neglected. With the challenges of squatting still present, it is crucial that institutions act with greater efficiency and accountability.
During a recent interview on the show Tagadà on La7, the president of the National Association of Magistrates (ANM), Giuseppe Santalucia, expressed concern about the distorted representation of the judiciary in the political debate.
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