Illegitimate lockdown, premier in confusion. And this time it is a decree law, there is the signature of Mattarella
For a politician, being denied within a few days is not an exceptional event, it is the rule. If not for everyone, for many. To deny oneself during the same press conference, already from the next sentence, however, it takes talent. We do not remember precedents. Well, yesterday evening the Prime Minister Giuseppe Conte succeeded in the enterprise: he claimed that thanks to the measures he adopted it was possible to avoid another general lockdown , but immediately afterwards he announced exactly a general lockdown – and hard ones.
In recent days, we too have done it on Atlantico Quotidiano , Germany has been mentioned a lot, the lockdown decided by Chancellor Merkel. But we must admit it, we quoted it inappropriately, because the restrictions announced yesterday by Conte are not comparable to the German ones. Merkel, to give just one example, has not banned travel between regions and municipalities.
But the contradictions do not end there and border on the pathetic. If the measures adopted in these two months had worked, if the contagion curve was really under control, as the premier had the impudence to claim, last night he would not have had to announce and explain to the Italians the measures of a new generalized lockdown . Or yes, as he says, the measures have worked, but then, in this case, the lockdown would be completely unjustified, illegitimate, unconstitutional. One of the two, tertium non datur . In any case, either because of the failure of the measures we have been following for two months, or because it is adopting an illegitimate lockdown , this government should resign.
As we wrote just two days ago , the data of the 21 indicators – which we did not invent ourselves, were suggested by the CTS and accepted by the government – show an improvement in the situation, especially as regards the stress on the health system, with a decisive decrease in ordinary hospitalizations and intensive care. If this were not the case, on the other hand, not all regions would have passed into the yellow zone. Therefore, either the criteria were wrong, or this Christmas lockdown is unjustified.
Unfortunately, we must repeat ourselves: the fundamental freedoms protected by the Constitution cannot be suspended out of whim or panic, because perhaps the infections will increase, because there is a risk that the situation will get worse, even when it is improving. It is not a matter of data or scientific evaluations, to motivate this lockdown is only a total distrust of the citizens, when it is the latter who, if anything, must have it from the government. A closure, among other things, much more restrictive than that adopted in Germany, where in fact the data were getting worse.
The unreasonableness of the new measures is all in these sensational, undeniable contradictions. And let us remember once again, but we will never tire of repeating it: logic, reasonableness and proportionality of the provisions are key principles of the legal system in a state of law, to which both the Legislator in legislating and the Executive in administrative acts must abide . Always, but especially when it affects the fundamental freedoms protected by the Constitution so deeply. Mere arbitrariness has no citizenship in a state of law, Government and Parliament are not free to approve whatever they want, there are limits.
And here – as in the emblematic case of the limit of the two non-cohabiting people who will be able to host, among other things that cannot be verified or sanctioned – we are faced with measures of manifest illogicality, because they contradict the declared purpose, unreasonable and disproportionate, because supported by facts, but only by the fear of an eventuality.
So much so that this time Conte didn't even try to unravel some concrete data, so as to prove the rationality and proportionality of the measures. And from the statements of the government officials there is a taste in disposing of the lives of others that makes one shudder. He is not the premier, at least this must be recognized, the most unleashed against constitutional freedoms. They are Pd and Leu, that is known. Those who wanted to defend us from Salvini's "full powers" even asked for police checks in homes (stopped only by the Interior Ministry).
We must be aware, however, that if today the mere possibility of a danger, and the sociopathy of someone, is enough to justify any limitation of fundamental freedoms, in the future other governments will be able to resort to this precedent with the same ease. It is what is called an inclined plane.
Finally, do not miss a very important detail. This time it is not a matter of a Dpcm, a decree of the Prime Minister, an administrative act without any parliamentary scrutiny or counter-signature. But a decree-law, so this time there will be the signature of the President of the Republic Mattarella, who in this way will finally put his face to us, letting us know that it is he who allows all this – this massacre of lives, of freedom and of law – assuming responsibility for the various profiles of unconstitutionality (unnecessary, illogical, non-proportionate suspension of fundamental freedoms). And we strongly doubt that this decree will ever be converted into law by Parliament.
PS And this government should revive the economy, organize the reopening of schools and the vaccination campaign?
The post Lockdown illegitimate, premier in confusion. And this time it is a decree law, there is the signature of Mattarella appeared first on Atlantico Quotidiano .
This is a machine translation from Italian language of a post published on Atlantico Quotidiano at the URL http://www.atlanticoquotidiano.it/quotidiano/lockdown-illegittimo-premier-in-confusione-e-stavolta-e-un-decreto-legge-ce-la-firma-di-mattarella/ on Sat, 19 Dec 2020 05:07:44 +0000.