ROME – "Irritating and unilateral decision". This says the Democratic Party. "Only a misunderstanding, while an agreement is largely possible" replies Bonafede, who in the afternoon calls the Dems experts on justice. Within a few hours the umpteenth clash, or misunderstanding as claimed by the Guardasigilli, on justice. This time in particular on wiretapping, and not on the statute of limitations, a chapter that is still open pending a summit that sees Prime Minister Conte as mediator and guarantor of a fair trial.
Interceptions: Bonafede sells a decree on arrival
In summary: Friday 6 December Bonafede sends to Palazzo Chigi a request to extend the Orlando law on wiretapping, the one that distinguishes between "relevant" plays to be transcribed and "irrelevant" not to be transcribed, and to be put in the reserved wardrobe and above all of which it is completely prohibited from publication. The extension was to be included in the Milleproroghe decree. Mandatory request due to a time limit, precisely on December 6th, for all requests from ministers who want extensions. The news comes out on the agencies. The PDs are furious. And they call with two adjectives – an "irritating and unilateral" decision – the move by Bonafede because, as the PD sources say, the postponement had never been agreed. Especially after two more postponements made by Bonafede with the M5S-Lega government. And it goes without saying that a new postponement intertwines with the interminable negotiation on the prescription.
But just in the same minutes in which more than one Pd is preparing his complaints against Bonafede with a lot of name and surname – "we have not agreed on anything", "yours is a unilateral initiative", "you can't expect to win on everyone the fronts, both on the statute of limitations that you want at all costs to enter into force in the first of January, and now also on the postponement of wiretapping "- this is the news that all the references contained in the Milleproroghe will no longer enter into the budget maneuver that is at Senate. But they will be discussed as an autonomous decree. So the interception game is completely open.
But the Dems, when it is 5 pm, nonetheless entrust the annoyance to what they consider an improper anticipation of Bonafede to an anonymous source. They speak of a "unilateral" step, which had never been discussed, leading to a final decision. It is therefore a move that "risks complicating the dialogue" started, but certainly not yet concluded, on the statute of limitations. At that point Bonafede calls the Democratic Party and explains that his is not at all a hostile act, but only an attempt to avoid problems with the entry into force of a law, however, much discussed also by the judiciary. So much so that the most important Italian prosecutors asked him last Wednesday in a meeting in Via Arenula for a postponement, or at least a transitional provision, and they are preparing a letter with an official request. The Treasurer added that the requested postponement was only motivated by the obligation to submit requests in time. He puts on the table his willingness to discuss the entry into force of the interceptions also proposing a postponement of the Orlando law more content, a couple of months for example. Entrusting to a decree it reads the problem of the application to the processes in progress. Just the decree that the PD proposed, but to do before December 31st, so without resorting to an extension.
The postponement, justified by the fact that the offices are not yet technically ready for the changes that the Orlando law requires, would give time to make an integration with a transitional provision to establish that the law applies only to future investigations, and not to those already in progress, which would otherwise risk finding themselves in the middle of the ford, with interceptions half written with the old law (ie all of them) and half with the new one, that is only the relevant ones. The law, due to the entry into force, speaks of application to the new "authorization provisions", but since the requests for interceptions are renewed every 15 days, inevitably it would end up splitting a process in two, between old and new law.
The umpteenth clash, even if apparently returned, on the justice among the government allies makes to say to the forcista Enrico Costa that M5S and Pd "are making the market of the laws on the skin of the people". Costa already announces his law on wiretapping after effectively breaking the government on the statute of limitations bringing to his side, the postponement of the Bonafede rule (definitive stop to the statute of limitations after the first degree), the Renzian deputies of Italy alive. And also on wiretapping – of which instead Costa wants entry into force because "the fundamental values of the person are at stake, expressly protected both in the Constitution and in the European Convention for the Protection of Human Rights and Fundamental Freedoms" – yes risks exactly the same clash, on the one hand, Italy is alive and also Pd who want the law immediately, on the other M5S, which on the other hand is definitely not in a particular hurry.
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