The much-promised reform Justice seems to take shape, dopo la sua approvazione in Consiglio dei Ministri, una tappa decisiva del suo cammino.
Non si tratta di una questione di ordinaria amministrazione, questa riforma tende a stravolgere l’equilibrio dei poteri della nostra repubblica così come è stato tracciato dai padri costituenti, tant’è che richiederà la modifica di ampie parti della nostra costituzione.
Fortunatamente, le procedure di modifica costituzionale sono complesse, com’è giusto che sia, e le speranze che non si riesca nello scopo esistono e sono anche ampie.
Purtroppo, questa vicenda ha tali e tante implicazioni di ordine giuridico, che un comune cittadino like me lack the necessary skills to deal with it appropriately. On the other hand, as usual, the mainstream press deals with issues of journalistic reporting rumors and developing issues in general: I hope that some will soon be timely and thorough analysis of some constitutional law that, by providing legal and technical support, put us , ordinary citizens, in conditions appropriate to express a political opinion and not patched as a risk today.
However, the importance of the argument is that today will make a few comments, before returning later on the subject in greater depth.
first, they know our chickens (see our leaders), we can advance the suspicion that all these reforms so radical can play the only role of smokescreen that masks concomitant ad personam measures that parliament should approve forced stages in time for them to exercise their influence on pending lawsuits. Were announced, and now the government itself does not mention it, but I think nobody has excluded. I quote an interesting article appeared today on "The Press" that seems largely uncontroversial, and that focuses on the value of the media launch of the reform era, as she cleverly indicated the premier. To understand the real design brought forward with this initiative, we should not listen to Alfano, the politician who rightly, and then tries to sweeten the pill, but Berlusconi in his crudeness ends up to reveal the truth. Declare that this reform was waiting for seventeen years, that there would be a tangentopoli reform law, are candidly admit that we want to reconstruct a situation of impunity for politicians, and at the time stsso revenge of the judiciary.
the merits of the changes, apart from the question of responsibility of judges, whose boundaries should be delimited on time, also to avoid clogging up the courts even for the inquiries compensation, the underlying theme of the reform seems to consist mainly in encouraging the subordination of the judiciary to state power. The government's plan appears to be fairly consistent in pursuing this goal. Prosecutors detach from the judges, both as a career as a self-governing body, also loosen the ties with the police that acquires its own autonomy. Finally, perhaps most important is the fact that parliament has the right to dictate to them periodically prosecutors an order of precedence for the prosecution, which essentially requires the investigating authorities to investigate in the first instance , to cite one example, Pickpockets on rather than corruption. They are, I think, obvious implications of these rules: remove judges, reducing their authority over the judicial police, prosecutors would come out strongly undermined by the application of this reform.
me focus a bit 'more on the question of priorities regarding criminal proceedings. It is said that his mandatory, as required by our constitution, is thus maintained, and that the purpose of that provision was to remove the choice of priorities to the offices of the prosecution to entrust to the parliament.
So I would like to point out in conclusion that the parliament that power has it already, through the definition of what a crime. E 'defined by the decriminalization legislation in place that can restore a truly mandatory prosecution: this should not be a criterion that parliamentarians should have in mind when legislating, even the possibility of effective implementation of agreed rules? If we choose to consider illegal immigrants as criminals, blocking further prosecution of half Italy, with what courage can do the responsibilities fall on other subjects? The truth is that the multiplication of the offense is the real source of the failure to exercise dell’azione penale. Se quindi i politici vogliono assumere su di sé la scelta delle priorità, non occorrono asservimenti dei magistrati ai politici, lo facciano riducendo le fattispecie di comportamenti che la legge configura come reati: sarebbe questo il loro mestiere.
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