Justice, Mattarella to magistrates: “Serious distortions in CSM decisions. Toghe bent over themselves”


Loyalty to the Constitution “is the only loyalty required of the servants of the state. The only loyalty to which to stick and feel bound”.The president Sergio Mattarella said it during the ceremony for the anniversaries of the killing of Nicola Giacumbi, Girolamo Minervini, Guido Galli, Mario Amato Gaetano Costa and Rosario Livatino.
Giacumbi, Minervini, Galli and Amato were killed in 1980 by terrorism.
Costa, in 80, and Livatino in 1991, from the mafia.A very hard speech, focused largely on the Palamara case, whose events “are in bitter contrast with the high moral level of the figures we remember today. In this year so difficult for the Italian judiciary, the anniversaries of magistrates who have lost life because of their commitment. ”

Serious distortions to the CSM. Mattarella said that “serious and vast distortions” emerged in the decisions of the CSM under investigation in Perugia. He added: “The documentation collected by the Prosecutor of the Republic of Perugia – the relevance of which must be assessed in its own premises provided for by the law – seems to present the image of a judiciary leaning over itself, concerned about building consents for internal use, aimed at attribution This phenomenon – Mattarella continues – was revealed at the time when the CSM was called, a year ago, to deal with what had already emerged. What appeared further provides the perception of the vastness of the phenomenon then denounced; glimpse a wide spread of the serious distortion developed around the criteria and decisions of various fulfilments in the autonomous government of the judiciary. I am sure that these logics do not belong to the judiciary as a whole, which represents an order engaged in the daily elaboration of the response of justice with respect to to a question that becomes ever more pressing and complex “.

Ethical modesty. Mattarella denounced the “ethical modesty” that emerged from the investigation papers, while stressing that it was always the judiciary that brought the Palamara case out into the open.

The powers of the Quirinale. The Head of State, in another very relevant passage of his speech, also moved a pointed note to whoever pulls him by the jacket. We need “strict compliance with the rules of the Constitution,” he said. “There are sometimes exhortations, addressed to the President of the Republic, to take this or that other initiative, without reflecting on the limits of the powers assigned by the Charter to the various constitutional bodies. In this way, a reading of the figure and functions of the dissident President is encouraged as foreseen and clearly indicated by the Constitution. I felt, and I believe, to have the duty not to pretend to expand “the sphere of the constitutional powers of the President. “There are no contingent reasons that can justify the alteration of the assignment of tasks made by the Constitution: any arbitration made in the name of alleged good reasons would open the way for other arbitrators, for bad reasons”.

Overcoming the currents. “This is the time to boldly demonstrate that you want to overcome any degeneration of the currents system in order to authentically pursue the general interest in having efficient and credible justice. It is essential to pay critical attention to the role and usefulness of the currents themselves. internal to the associative life of the magistrates “.

Legal certainty. The President of the Republic therefore requested respect for legal certainty. “Our citizens have the right to be able to count on legal certainty and the predictability of its application with respect to their behavior. This applies – starting naturally with the choices made by the Legislator – for civil justice as well as for criminal justice, for administrative justice as for accountant: ex post cases and rules of conduct cannot be constructed “.

Decisive training school. “High school, particularly at this time, assumes a decisive role for the ethical and professional training of magistrates. It seems necessary that you dedicate specific study sessions to the duties of correctness and transparency in the exercise of judicial functions”.

Recover credibility. “In our country there is a constant need to guarantee respect for legality. This is also why the judiciary must necessarily commit itself to recovering the credibility and trust of citizens, so seriously questioned by recent news events”.

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