Posted on: 29/05/2020 18:33
After controversies that after about a year return to invest the judiciaryfollowing the publication of conversations between magistrates, linked to the procedure involving the former president of the ANM and former member of the CSM, Luca Palamara, in the afternoon the Quirinale press office released a note.
“With reference to the events inherent in the judicial world, taken in recent days on the subject of political contention, the President of the Republic has already firmly expressed in his own time – the Superior Council of the Judiciary – the serious bewilderment and disapproval as far as emerged, as soon as the degeneration of the current system and the inadmissible mixture of politicians and magistrates appeared in all its evidence “. “The President of the Republic, in that same seat, urged changes in the law and internal regulations to prevent an unacceptable custom such as that which arose, hoping that Parliament would approve an adequate law reforming the rules of formation of the CSM “.
“A reform that contributes – together with the fundamental and decisive plan of individual behavior – to fully restoring the prestige and credibility of what appears to the judiciary, safeguarding the indispensable value of the independence of the judiciary, the basic principle of our Constitution” . However superfluous it must be clarified that the President of the Republic moves – and must move – within the scope of the tasks and according to the rules established by the Constitution and by law and cannot dissolve the Superior Council of the judiciary on the basis of its own evaluation discretionary “.
“The CSM, according to the Constitution, concludes its mandate four years after its election and can be dissolved in advance only in the presence of an objective impossibility of operation, a condition which is achieved, in particular, if the legal number of If this happens, the President of the Republic would be obliged by his constitutional duties to convene, within a month, new elections of the entire body, obviously according to the rules in force for its formation “. “The current CSM, partially renewed in its composition, is not in this condition and is committed to carrying out its institutional activity. If political parties and parliamentary groups are in favor of a Superior Council of the judiciary formed on the basis of new criteria and different, it is necessary that they prepare and approve a law that provides for it in Parliament: this task is not entrusted by the Constitution to the President of the Republic but to the government and Parliament “.
“Government and parliamentary groups have announced initiatives in this regard and the President of the Republic hopes that new legislation will soon be brought in. A message from the President of the Republic to Parliament would also appear to be improper to solicit legislative initiatives announced as imminent”. The President of the Republic will be responsible for assessing the compliance with the Constitution of what was resolved at the end of the legislative process, within the limits and within the limits set for the promulgation “.
“As regards the request that the President of the Republic express himself on the content of statements made by individual magistrates against political representatives, it should be remembered that, however serious and unacceptable they may be considered, criminal proceedings and various proceedings are underway on the whole matter disciplinary and any assessment by the President of the Republic could be instrumentally interpreted as a pressure from the Quirinale on who is called to judge in a criminal or disciplinary venue: justice must take its course through the organs and according to the rules indicated by the Constitution and the laws. ”
“It is scarcely necessary to remember, finally, that a possible dissolution of the High Council of the judiciary would lead to a slowdown, from unpredictable times, of the disciplinary proceedings underway against the magistrates accused of the behavior disclosed, concretely putting at risk the timely conclusion in the terms provided by law. “With regard to the events affecting the judiciary, the President of the Republic, as he has already done in the past, will return to express himself on the occasions and in the venues destined for this, remaining extraneous to debates between political forces and without be involved in interpretations of individual facts, the subject of free political and journalistic confrontation “.
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