Will Apostolico found a Republic based on powers of attorney?
The Apostolic case and the others are not the only ones to mark an encroachment of the courts with respect to the application of the laws. Giuliano Cazzola's comment
In dealing with judicial issues and cases we have all gone to school with the prosecutor's offices: both investigations and defenses are no longer based on the search for evidence or counter-evidence, but on disgrace. Thus the investigating magistrates pass the veil to the friendly reporter who publishes the transcript of the interceptions of the telephone calls to the lover to put in a bad light the political exponent who is being investigated with the aim of finding some element that allows – as they say – to open a file and send a notice of guarantee (first in advance by press, then in writing to the interested party).
In the case of the judge of Catania, Iolanda Apostolico, the same method is being followed. We went looking for videos that reveal questionable behaviors, certainly inappropriate (such as presence in public demonstrations) but destined to "end up in cavalry" in the name of the freedom of opinion of every citizen. Moreover, it is proven that those who make a career are the magistrates who habitually participate in talk shows criticizing the laws approved by Parliament or those who invent – without proof – dark conspiracies of the parallel State in which the most important institutional authorities participate.
In the videos published, Dr. Apostolico stands among groups of rowdy people with a lost look, as if she were intent on recovering the dog lost in the crowd. To pursue the trail of disgrace, the only "subversive" aspect of his ordinance in (dis)application of the Cutro decree was lost: it is not up to a judge of merit to establish that a law promulgated with all the foreseen canons is illegitimate, when the procedure correct is to raise the question of constitutionality and ask for a decision from the Council. It is no coincidence that the colleagues who annulled other provisions of the administrative authorities against illegal immigrants made use of a formally correct procedure (even if a little forced in the absence of actual investigations to confirm the declarations of the interested parties): they considered that the Cutro decree should not be applied to those cases without setting oneself up as judges of the laws. We could then indicate an anthology (not all flowers smell) of a ruling in favor of anti-vaxxers, suspended from work because they do not have a green pass. Even in these cases the judges contest the legitimacy of the laws that established the precautionary measures against the spread of the infection, going so far as to issue parascientific opinions on its effectiveness based on reasoning that would make an impression in the sports bars of the province and not in a court room.
Unfortunately, the Apostolic case and the others are not the only ones to mark an encroachment of the courts with respect to the application of the laws. The sentences – now issued in rapid succession – by the Supreme Court of Cassation on the judge's power to determine, regardless of what the contracts establish and the laws themselves prescribe, what proportionate and sufficient remuneration is stand out sensationally for their authority. referred to in Article 36 of the Constitution. These sentences have been defined as historic, without clarifying that history is also rich in abuses and inequities. In fact, these are "subversive" sentences of a jurisprudence consolidated for decades, on the basis of which the judge limited himself to validating what was established in the contracts signed by the most representative organisations, because it is right that these subjects recognize, in a dialectic of interests the right salary. But worse is happening.
The Milan prosecutor's office has discovered a new trend in the field of criminal law and has investigated – instrumentally – the major private security companies for gangmastering and exploitation of workers, subjecting them, as a first measure, to judicial control which is essentially a commissioner. Mondialpol got the hint and took action by unilaterally deciding on a substantial staggered increase for staff. Having taken note of the "industrious repentance", the prosecutor's office revoked the control. The same treatment was also given to Sicuritalia and Cosmopol, who understood the message: if they want to continue managing the company they must submit to an anomalous extortion and pay the ransom. All remaining only in the field of investigations, without a judge having to rule. But the Supreme Court – on a civil level – has indicated the path to follow without disturbing criminal law.
In the Republic founded on powers of attorney we must be satisfied.
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/mondo/apostolico-procure/ on Thu, 12 Oct 2023 05:22:05 +0000.