“The government attacks some pillars of the Constitution”
“There is a wrong posture of Minister Nordio towards the judiciary, it seems to me Italy needs everything except to fuel a new clash between politics and the judiciary“. These are the words of Giuseppe Conte, leader of the Five Star Movement at the Democratic Justice Area congress in Palermo. “This new season of tension is based on a conceptual falsehood – he continues – which we must return to the sender. There is a political front that with great cunning and cunning wants to fuel a completely misleading false dichotomy, an alleged guaranteeist and justicialist alignment. To this well-organised political front, we must respond that there is only one front that guarantees the functioning of the justice system in compliance with constitutional principles.”
“In terms of justice, this legislature is characterized by a direction taken that I consider dangerous and profoundly harmful to our country. The common thread of the measures is a clear, overall attack on some pillars of our Constitution” he attacks. On the part of the Government “there is a basis of almost intimidation towards magistrates” on the issue of justice. It is, he points out, of “sophisticated interventions that aim at precise objectives”, “also delegitimizing symbols of legality”. Then he adds: “We are determined to counter this vision of justice. What is certain is that there is a lack of resources, investments and staff, 1500 magistrates are missing. This is what we must intervene on.” “We see a common thread, a clear and comprehensive attack on some pillars of our constitutional architecture, the aim is to weaken the balance between the powers of the State” points out.
“By prohibiting irrelevant transcripts of wiretaps, we end up affecting material useful to the defense line” says Conte. “We often forget that too in mafia trials, conversations that the judicial police consider irrelevant could prove decisive“.
Separation of careers
“There is a strong dose of ideology regarding the separation of careers. The topic touches on the mandatory nature of criminal prosecution and the separation of powers. Very delicate constitutional balances that cannot be dismantled by the ideological robe. Removing judges means distancing them from constitutional guarantees to guarantee citizens and place them in subjection to the political power of the moment”. “Why all this discussion? The real objective is to attack article 112 of the Constitution, the mandatory criminal prosecution. We will oppose it with all our strength” assures Conte.
“Why put the statute of limitations into action again? Which right do they want to protect? We care about the reasonable length of trials but we want to pursue it thanks to better investments in justice, in order to strengthen the overall efficiency of the justice machine” says the leader of the Five Star Movement. “Saying nothing will be done this time, too much time has passed, means slapping the rights of crime victims. If you mortify the will to have justice, not only is there no trial but there is no law”, concludes former Prime Minister Conte.
Abuse of office
“Why do we want to abolish abuse of office? What is the reason? If we combine this intervention with the return of cascade subcontracting we understand that the objective is to alter the mechanisms of controls” underlines Conte. “We are absolutely determined to counter this government’s census-based vision of justice.”
“No one has ever thought nor will ever think that there could one day be a subjection of the judiciary, both judging and prosecuting, to the executive power or to any other form of control unrelated to the independence of the judiciary”, assured the Minister of Justice Carlo Nordio. “I have been a magistrate and I would do it again and I feel like I am wearing the robe. Therefore – he underlines – I would like to say that, whatever the reforms, for me it would be heresy to think that the judiciary could end up under the control of the executive“.
“I chose this profession because it is the freest and most important in the implementation of the constitutional provisions, bound as it is only to the law. I would never have chosen it if I had thought that as a prosecutor I would have a hierarchical power over me represented by a party” he concludes.