Who are the 40 professors in law at the Copasir summit at the Brothers of Italy

Here is the letter-appeal of over 40 constitutionalists and jurists – including Onida and Baldassarre – to the presidents of the Chamber and Senate on the top of the Copasir. The presidency of the Committee on Secret Services belongs to the opposition and not to the League, they say in essence. All the details

Constitutionalists and jurists also take the field on the question still stalled by the Copasir presidency. Here are the latest news on the affair.

“We need to give a message of legality: otherwise, it gives the impression that parliamentarians can do anything and not observe the law. Thus a very negative message derives which discredits Parliament and the political class ”. This was said by Antonio Baldassarre, president emeritus of the Constitutional Court and one of the signatories of the appeal made by over 40 constitutionalists and jurists to the presidents of the chambers, to resolve the stalemate on the Copasir presidency given that even with the change of the government majority Lega president Raffaele Volpi does not intend to resign despite Matteo Salvini's party being part of the coalition that supports the Draghi government. For this reason, the Brothers of Italy, who are in opposition, claim the presidency of the Parliamentary Committee for the security of the Republic ( here the political and party tensions over Copasir ) by nominating Senator Adolfo Urso, who has since resigned as vice-president of the Copasir.

THE COMMENT OF THE CONSTITUTIONALIST BALTHASAR ON THE PRESIDENCY OF COPASIR

In the video message, projected at a press conference in the Senate, the president emeritus of the Constitutional Court, Baldassarre – with a de facto reproach to the presidents of the Chamber and Senate – clarifies that "the problem of the Copasir presidency is a small problem, because it concerns one of the many parliamentary committees, but it is a big legal problem ”. And he explains: “This problem is easily solved: it is sufficient for those who have the responsibility to guarantee legality in the Chambers, put the parties in front of the responsibilities, remind them what the law provides and decide accordingly. Thus a negative message is sent to public opinion in a historical period in which the relationship between Parliament and public opinion is suffering not only in Italy ”.

THE WORDS OF BONINO ABOUT COPASIR

Senator Emma Bonino also spoke at the press meeting: “This conflict did not even have to arise because the law on Copasir is clear, about who does and who controls. And the precedent of the D'Alema presidency, which was an overall agreement to violate the law all together, it would be good not to even mention it. I hope that this episode will create greater sensitivity and attention ”, said former minister Bonino.

WHAT THE 40 CONSTITUTIONALISTS SAY ABOUT COPASIR

THE SIGNATORS OF THE APPEAL

WHAT DO YOU READ IN THE APPEAL OF INTELLECTUALS ABOUT COPASIR

This is how the appeal of constitutionalists, jurists and political scientists to the presidents of the Chamber and Senate concludes: "In the light of the above considerations, we hope that (the presidents of the Chamber and Senate, ed ) – noting that the appeal for a solution unfortunately did not have the desired follow-up – undertake, by virtue of the authority that derives from their role as first Guarantors of compliance with parliamentary rules within the Chambers, all the necessary initiatives, which, even on the basis of similar previous, can restore the conditions of constitutional legality in the best interest of the good performance of parliamentary activity ".

THE CONTENTS OF THE APPEAL TO FICO AND CASELLATI

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HERE IS THE FULL LETTER FROM CONSTITUTIONALISTS AND JURISTS TO THE CHAMBER AND SENATE PRESIDENTS ON COPASIR

 Honorable President of the Senate 

Prof. Avv. Elisabetta Casellati 

Honorable President of the Chamber of Deputies 

Dr. Roberto Fico 

Rome, April 20, 2021 

Distinguished President Casellati 

Distinguished President Fico, 

the undersigned scholars of constitutional law, public law and political science submit to the SSVV Ill.me some brief reflections on the composition of the Parliamentary Committee for the security of the Republic, following the formation of the Cabinet chaired by Prof. Mario Draghi. 

In contemporary pluralist democracies, the separation of powers , one of the cornerstones of the rule of law , is necessarily declined also as a guarantee of oppositions and their constitutional role . The protection of minorities constitutes, moreover, an essential defense of the parliamentary dialectic and, therefore, of the democratic principle. 

In this framework are inserted the provisions of legislative, parliamentary and conventional rank which guarantee adequate spaces for participation in the parliamentary opposition groups and the guidance of some fundamental guarantee bodies. For the same reason, also the customary and conventional sources that guide the nominations and elections of the members of the Constitutional Court and the CSM, lead to concrete arrangements that provide for the presence within the same institutions of different cultural orientations, visions or sensibilities and , therefore, to a truly pluralist composition. 

These are principles, rules or, sometimes, simple "constitutional regularities" that have their roots in the undeniable constitutional duty of political solidarity (Article 2 of the Constitution), which requires all subjects of the Republic to quell conflicts and set aside party interests when the "rules of the game" and, therefore, the pillars of that mutual trust on which every form of organized coexistence is based. It is no coincidence, moreover, that according to the Constitution (Article 64, paragraph 1), parliamentary regulations must be approved with an (absolute) majority higher than the (simple) one to confer or remove confidence in the Government (Article 94). 

In this context, the legislator intended to assign a precise constitutional value also to the role of the representatives of the opposition groups within the parliamentary body entrusted with the delicate tasks of connection between the Parliament and the Information and Security System of the Republic, both in its political-governmental component (Prime Minister, any delegated Authority and Ministers who are members of the CISR), as well as in its bureaucratic-administrative and operational part (DIS, AISE and AISI). 

As is known, in fact, art. 30 of the law 3 August 2007, n. 124, the CO.PA.SIR. it is made up of “ five deputies and five senators, appointed by the Presidents within twenty days of the start of each legislature 

of the two branches of Parliament in proportion to the number of members of the parliamentary groups, guaranteeing in any case equal representation of the majority and of the oppositions and taking into account the specificity of the Committee's tasks ". 

Furthermore, on the basis of the third paragraph of the same provision "(…) The president is elected from among the members belonging to the opposition groups and an absolute majority of the members is required for his election ." 

Following the formation of the “Draghi” government and the aggregation of the very large parliamentary majority that supports the same Executive in both branches of Parliament, the guarantee structure clearly envisaged by the legislator is altered. The law, regulations and parliamentary practice require that the presidency of CO.PA.SIR. a representative of the opposition is seated, while two months after the new Executive takes office, the control and guarantee body of the Information and Security Services continues to be chaired by a member of the parliamentary majority. 

Previous parliamentarians also confirm the rule. Indeed, following the formation of the “Monti” government – to which only the Lega Nord Group denied their trust – a member of the only opposition party should have been elected to the Presidency of the bicameral supervisory body. In this sense, the President of CO.PA.SIR. on. Massimo D'Alema – having voted his confidence in the new government, in accordance with the choice of his parliamentary group – resigned from office and this precisely to facilitate his replacement with a member of the opposition. However, on that occasion, the necessary alternation with an exponent of the League was not carried out, as by unanimous decision of the parliamentary groups (and, therefore, also of the Carroccio) it was decided to derogate from the rule by confirming the Hon. D'Alema. The case just mentioned (which concerned, however, parliamentary groups that were confronted with a “technical” and not a “political” government) therefore constitutes the typical exception that confirms the rule. In that case, it was a specific application of the customary principle of parliamentary law known as nemine contradicente . In fact, in accordance with the aforementioned customary rule – based on the assumption of the so-called availability of parliamentary law – in the absence of objections and, therefore, unanimously, it is possible to operate in derogation of the rules of the Chamber and Senate Regulations. 

Moreover, precisely in the current legislature the predecessor of the current President of the Co.pa.sir., The Hon. Guerini, did not hesitate to resign on 4 September 2019 when the parliamentary group he belongs to decided to pass from the opposition to the majority, voting confidence in the Conte II government. 

In a form of parliamentary government like the Italian one, the democratic dialectic takes place not so much between the government and parliament, but rather between the executive, with its majority, and the parliamentary opposition. For this reason, laws, parliamentary regulations, conventions and parliamentary practices provide for spaces, roles and procedures aimed at guaranteeing opposition, up to the point of delineating a real constitutional statute. A statute of the opposition that demands strict compliance, especially in an emergency context such as the one that the entire nation and its institutions have been facing for over a year. 

In the framework described, therefore, in the absence of a unanimous agreement to the contrary, the Presidency of CO.PA.SIR. it must be covered by a member of the only parliamentary group who has not expressed confidence in the government in office. This is both in compliance with an express legislative provision, and in compliance with a fundamental principle of the pluralist constitutional state, in which the classic principle of separation of powers also assumes the features of the checks and balances that guarantee the balance of institutions and the contestability of political power. 

In the light of the above considerations, we hope that the SSLL – taking note that the appeal for a political solution has unfortunately not had the desired follow-up – will undertake, by virtue of the authority that derives from their role as first Guarantors of compliance of the parliamentary norms within the Chambers, all those necessary initiatives, which, also on the basis of similar precedents, can restore the conditions of constitutional legality in the best interest of the good performance of parliamentary activity. 

With observance. 

A ntonio Baldassarre, president emeritus of the Constitutional Court 

Giuseppe Bernardi , professor of private law institutions, La Sapienza University of Rome 

Felice Blando , Professor of Institutions of Public Law, University of Palermo 

Gianluca Brancadoro , professor of commercial law, University of Teramo 

Alessandro Campi , full professor of Political Sciences, University of Perugia 

Agostino Carrino , Professor of Public Law, Federico II University of Naples 

Massimo Cavino , Professor of Public Law, University of Eastern Piedmont in Turin 

Alfonso Celotto , full professor of Constitutional Law, Roma Tre University of Rome 

Salvatore Curreri , professor of Constitutional Law, Kore University of Enna 

Firoleto D'Agostino , Tar president retired 

Giovanni D'Alessandro , full professor of Public Law Institutions, Unicusano di Roma 

Roberto Di Maria , full professor of Constitutional Law, Kore University of Enna 

Giampiero Di Plinio , full professor of public law institutions, Gabriele d'Annunzio University of Chieti and Pescara 

Claudio Franchini , full professor of Administrative Law, Tor Vergata University of Rome 

Tommaso Edoardo Frosini , Professor of Comparative Public Law and Constitutional Law, Suor Orsola Benincasa University of Naples 

Felice Giuffrè , full professor of public law institutions, University of Catania 

Piero Ignazi , full professor of Comparative Politics, University of Bologna 

Fulco Lanchester , full professor of Italian and comparative constitutional law, La Sapienza University, Rome 

Isabella Loiodice , full professor of Comparative Public Law, Aldo Moro University of Bari 

Vincenzo Mannino , Professor of Roman Public Law, Vice Rector of the Rome 3 University of Rome 

Stefano Mannoni , Professor of History of Medieval and Modern Law, University of Florence 

Francesco Marini , full professor of public law institutions, Tor Vergata University of Rome 

Carlo Mirabile , professor of commercial law, La Sapienza University of Rome 

Alessandro Morelli , full professor of Constitutional Law at the University of Messina 

Ida Angela Nicotra , full professor of Institutions of Constitutional Law, University of Catania 

Gianfranco Pasquino , Emeritus Professor of Political Science, University of Bologna 

Pier Luigi Petrillo , full professor of Comparative Law, Unitelma Sapienza University of Rome 

Cesare Pinelli , Professor of Public Law, La Sapienza University of Rome 

Anna Poggi , full professor of constitutional law, University of Turin 

Daniele Porena , Professor of Institutions of Public Law, University of Perugia 

Ezekia Paolo Reale , general secretary of the International Institute for Criminal Law and Human Rights, Syracuse 

Maria Grazia Rodomonte , Professor of Comparative Public Law, La Sapienza University of Rome 

Leopoldo Sambucci , full professor of commercial law, University of Foggia 

Salvatore Sfrecola , president of the Administrative Jurists Association, Rome 

Giuliana Stella , Professor of State Doctrine, Federico II University of Naples 

Daniele Trabucco , Professor of Italian and Comparative Constitutional Law and State Doctrine, Free Academy of Studies of Bellinzona / INDEF Center for Higher Studies of Bellinzona 

Fausto Vecchio , professor of Constitutional Law, Kore University of Enna 

Giuseppe Vecchio , Professor of Private Law, University of Catania 

Claudio Zucchelli , honorary deputy president of the Sato Council 

This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/mondo/chi-sono-i-40-prof-di-diritto-sulla-presidenza-del-copasir-a-fratelli-ditalia/ on Wed, 21 Apr 2021 12:58:37 +0000.