Chaos Csm, Mattarella: “It does not dissolve at discretion. Expressed for some time, bewilderment and disapproval. Desired reform, but it’s up to the Chambers”


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Bewilderment and the blame as far as heerso “,” degeneration of the current system “,” inadmissible mixture of politicians and magistrates “. But also foreignness “To the political debate” according to the dictates of the Constitution, according to which it is not up to the head of state dissolution of the “Superior Council of the Judiciary based on its own rating discretionary “. And again: “Auspicious of short times for the reform of the judiciary”, a provision, however, already on the table of the majority. For this reason, finally, it would be “improper a message to the Parliament to solicitis initiatives legislative Announcements as imminent ”. These are just some of the concepts expressed in a long note by the President of the Republic Sergio Mattarella, which after the controversy of recent days is intervened on the scandal that swept the judiciary and the CSM. The case has filled the newspapers: they are the messages that many (magistrates and politicians) exchanged with Luca Palamara, the Roman prosecutor investigated a Perugia. Conversations Whatsapp from which appears a cross-section made of requests for help to make a career, logical dividing lines, even tricks between colleagues and strategies to attack politicians.

The case of chats between magistrates and the requests of the League – Politicians who, the reference is to the League of Matteo Salvini (whose name often appears in the offending chats), have repeatedly asked for the intervention of head of state. The last week Mattarella met the leader of the Northern League and he also received his letter on question: the former vice premier asked for a fair trial for him, who became the subject of attacks by some prosecutors, including precisely Palamara. Today, however, after yet another request for intervention, the head of state issued a very firm note, in which he basically calls himself out of the debate politic while tracing a clear road: that of the Constitution. It is worth fully reporting the message del Colle.

“Bewilderment and Disapproval” – The note opens with the hard conviction of what has emerged in recent weeks: “The President dshe Republic has already expressed in its timefirmly, in its own office – the Superior Council of the Judiciary the serious bewilderment and the blame as far as heerso, as soon as has appeared in all its evidence degeneration of the current system e L’inadmissible commingling between politicians and magistrates “. After expressing her opinion (unequivocal) on the matter, Mattarella recalled that “in that itself headquarters, requested changes legal regulations is of regulations interni to prevent an unacceptable custom such as that which has manifested itself, hopesndosi that the Parliament provvedesse to approve an adequate law to reform the rules of training of the CSM “. Which then happened, if it is true – as is true – that the draft reform of the CSM has already agreed on the majority which holds the Conte 2 government.

“The head of state cannot dissolve the CSM at his discretion” – Net of this, Mattarella he recalled that the aim of the reform must be to contribute “together with the fundamental and decisive behavior plan individual – to fully return to theJudicial order prestige and credibilityity cracked by what appears, safeguarding theessential value of the independence of the judiciary, the basic principle of ours Constitution“. Which does not provide for the intervention of the head of state in situations such as the contingent one: “As superfluous as it goes, however, clarified that the President dshe Republic moves – and must move – within the scope of the tasks and according to the rules established by the Constitution and by law – he stressed Mattarella – and cannot dissolve the Council Shigher than the judiciary based on a own discretionary evaluation “.

Mattarella reminds everyone how it works and when the CSM can be dissolved – The head of state, then, wanted to bring everyone back to respect the constitutional charter, according to which the “Csm he ends his term four years after his election is can be dissolved in advance soltantor in the presence of one objective inability to operateorking, condition that comes true, in particular, where less the legal number of its members “. Only in this case “the President dshe Republic he would be obliged by his constitutional duties to convene, within a month, new elections of the entire body, obviously according to rules current for his training “. Today, however, the situation is different. And Colle does not miss an opportunity to repeat it: “LCurrent CSM, partially renewed in its composition, it’s not found in this condition and it’s engaged in progress of his business institutional.

The message to politicians: “I hope that new legislation will be approved quickly” – The Quirinalehowever, it only hides a reform of the CSM may be desirable, but it is a task that falls to Parliament and the government, not to the Hill. The compass is obviously always the Constitution: “If political parties and the cranespmore MPs are in favor of a ConsIglio Shigher than the Magistratura formed on the basis of new and different criteria – wrote Mattarella – they need to prepare and approve in Parliament a law that preveda: this task is not entrusted by the Constitution to Fr.resident dshe Republic but aL Government e to the Parliament.

Imminent law, its superfluous and unequivocal intervention – Very InterestingFurthermore, the passage in which the head of state speaks of the side effects of his eventual direct intervention in the matter: “Government and parliamentary groups have announced initiatives to that effect and the President dshe Republic hopes that you land in a short time to a new one regulations. Risultewould, moreover, improper a message from Fr.resident dshe Republic to Parliament – he said – to solicitis initiatives legislative Announcements as imminent. Al President dshe Republic competerà assess compliance a Constitution of as resolved at the end of theprocess legislative, inthe scope and neitherthe limits set for the promulgation“.

“Any assessment could be instrumentally interpreted as a pressure “- Always in the chapter “side effects of my eventual intervention“, Mattarella is even clearer when it comes to answering those who asked him to express himself on the offending chats:”As for the request that the President dshe Republic speak on the countnuto of claims made by single magistrates against exponents politicians it should be remembered that – said Colle – however serious and unacceptable they may be considered, the whole affair is ongoing criminal proceedings and several procedimentthe disciplinary and any evaluation aside deL President dshe Republic it could be instrumentally interpreted as a pressure from the Quirinale on who is called to judge in criminal or in criminal proceedings disciplinary seat: justice – he underlined – must run its course through the organi and according to the rules indicated from Constitution and by the laws “.

“With dissolution of the disciplinary proceedings against magistrates” – The closure of the message of Quirinalethen, it is entirely dedicated to the hypothesis of the dissolution of the CSM and what this would entail on the proceedings against investigated magistrates. “IS appeFinally, it is worth remembering, that a possible dissolution of the Council Superiore of the Magistratura would result in a slowdown, from unpredictable times, of the proceedingsyou current disciplinaries against magistrates blamed the gods behavior disclosed, putting its timely conclusion at risk within the terms established by law.The view of the nature of the churchAbout thethe events that have affected there Judiciary – he concluded Sergio Mattarellathe President dshe Republic, as it has done in the past, will return to express itself on occasions and inand sand destined for this, remaining stranger to debates among political forces and without get involved in interpretations of single facts, subject of free comparison politic is journalistic.

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