Because there are opposing prejudices between politicians and magistrates
The parties suspect who knows what conspiracies in the face of unwelcome investigations. Magistrates too often "judge". And when there is no respect for the roles between the parties, the mutual invasions of the field are the obvious and wrong outcome. Guiglia's notebook
Paladins of rigor when in opposition, guarantors and defenders of the constitutional principle of the presumption of innocence when governing.
It is the script that for more than thirty years, and with ever more heated tones starting from the judicial investigations of Mani Pulite in 1992, politics has loved to recite in its still unresolved relations with the judiciary. Coaxed and heartened to do her duty towards political opponents. But contested and accused of serious interference whenever this duty affects party friends or majority allies.
Now the rule without exceptions – if not those of technical governments or national unity à la Mario Draghi, unrelated by nature to political-judicial conflicts – applies to the Meloni executive.
"Justice on the clock, the judiciary does not face the opposition", is the harsh controversy that transpires after a Council of Ministers. In the centre-right they refer to the cases of the Minister of Tourism, Daniela Santanché – of whom it was known that she was being investigated on the very day of the information with which she illustrated her antecedents and controversial vicissitudes as an entrepreneur to the Senate – and above all of the Undersecretary of Justice, Andrea Delmastro. For which the judge of the preliminary investigations has ordered the forced indictment for disclosure of official secrecy in relation to the Cospito case (the anarchist detained under the 41 bis) against the request for dismissal made by the Public Prosecutor's Office. Enough to unleash Giorgia Meloni's reaction and to relaunch the separation of careers and the reform of justice also to introduce maximum secrecy for the guarantee notice and to change the compulsory indictment. Without prejudice to the already announced changes or abolition of the abuse of office and the tightening on wiretapping in the text of the Minister of Justice, Carlo Nordio.
A text opposed "by the most politicized part of the judges", as they say in the majority. Now determined to play in advance so as not to make an encore of the Berlusconi governments, enmeshed in an endless war against the "red robes".
But the short circuit between politics and justice is fueled by opposing prejudices.
The parties suspect who knows what conspiracies in the face of unwelcome investigations. Magistrates too often "judge" the laws, i.e. interpret them rather than apply them. And when there is no respect for the roles between the parties, the mutual invasions of the field are the obvious and wrong outcome.
(Published in L'Arena di Verona, Il Giornale di Vicenza and Bresciaoggi)
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/mondo/perche-ci-sono-opposti-pregiudizi-fra-politici-e-magistrati/ on Sun, 09 Jul 2023 06:28:33 +0000.