Mattarella: “Hit the judiciary with malpractice with supervisory action”

The President of the Republic spoke at the inauguration in Castel Capuano of the third seat of the High School of the judiciary

“The Judiciary has demonstrated, even recently, that it is capable of acting – with determination and without timidity – towards magistrates held responsible for serious crimes in the exercise of their functions. It should be dutifully remembered how much it would be preferable to prevent any form of internal malpractice, through a more careful exercise of supervisory duties, avoiding serious discredit that could fall on the judiciary and cast doubt on the complete fulfillment of institutional duties”. This was underlined by the President of the Republic, Sergio Mattarella, speaking at the inauguration in Castel Capuano of the third headquarters of the Higher School of the Judiciary.

MAGISTRATES SUBJECT TO THE LAW – “Taking up an idea proposed by President Lattanzi, I would like to underline how the sentences are pronounced ‘in the name of the Italian people’ not because the magistrates are called to answer to them for the decisions taken but because justice must be rendered only on the basis of the law and to national, European and supranational law, the result of expressions of popular sovereignty through the exercise of the legislative function”, said Mattarella during his speech.

“The same Court of Cassation, in a recent ruling in United Sections, reiterated – the head of state recalled – that ‘the function performed by the jurisprudence is of a ‘declarative’ nature, since it refers to a pre-existing provision of law, of which is aimed at recognizing the existence and effective scope, with the exclusion of any directly creative efficacy. Within the framework of constitutional balances, judges are precisely ‘subject only to the law’. Which creates the only possible connection, in a State of right, between the judge, who is neither elective nor politically responsible, and popular sovereignty, of which the law, the work of parliamentarians elected by the people and politically responsible, is the primary expression'”.

“In these detailed considerations – said Mattarella – we find the essence of the independence of the Judiciary as an indispensable heritage of the rule of law and of our constitutional democracy. The same article 47 of the Charter of Fundamental Rights of the European Union recalls the right to each person to have a public judgment ‘by an independent and impartial judge, pre-established by law’”.

JUDICIAL INDEPENDENCE – “It is good to bear in mind that the same respect that must be ensured for the full independence of the judicial function must always be recognized and ensured also for the other functions of the State – said the President of the Republic – Individual responsibilities must be judged with precision and without any conditioning, always taking care to move within the scope of the functional competence attributed to the Judiciary, which consists in the resolution of disputes and in the investigation of crimes.The process cannot be used for different purposes, which would distort its role, seriously jeopardizing the fundamental separation of powers”.

“It is good to bear in mind that the same respect that must be ensured for the full independence of the judicial function – added the head of state – must always be recognized and ensured also for the other functions of the state”.

CLAIMS – During his speech, Mattarella then underlined that “sometimes the requests for the protection of rights that are presented to the Judiciary take on new and unprecedented connotations, with respect to which it is difficult to find a precise and clear regulatory framework, despite having been solicited by many voices There are undoubtedly some delays on the part of the legislator, but the response to justice demands commits the Judiciary to find solutions anchored exclusively in positive law”.

“It must be very clear – he remarked – the distinction of the dutiful interpretation and application of the rules with respect to the claim to be able to create them to satisfy needs that cannot be met within the context of the judicial function, according to what is foreseen in our constitutional system. It is it is certainly true that sometimes legitimate claims – often humanly understandable and to be carefully evaluated – can remain unanswered but this cannot mean that all requests – even those without confirmation in the law – must be able to find acceptance in judicial action”.

“The Constitution punctually defines the scope of the powers that are entrusted to the judicial bodies, as well as the tasks and decisions that belong, however, to other bodies, holders of other powers. This division – added Mattarella – must be respected”.

CONSENT LANGUAGE – The President of the Republic underlined again: “The importance of the role played by the Court of Cassation in ensuring the uniform interpretation of the law is crucial. The uniformity of the decisions does not represent a limit to the decision-making activity but constitutes a landing point , since it is aimed at promoting the predictability of decisions and, therefore, their comprehensibility. The use of appropriate and measured language also contributes to these necessary requirements”.