Will the Nordio Justice reform be feasible?
The objectives of the Minister of Justice and the puffs of executioners. Damato's Scratches
As Keeper of the Seals strongly desired by Giorgia Meloni in her government, despite the surprisingly opposed resistance in the majority by Silvio Berlusconi, and perhaps also for this reason very willingly appointed by the head of state, Carlo Nordio has just been journalistically downgraded by Marco Travaglio on the Fatto Quotidiano to " so-called Minister of Justice". And this for having "launched" in Parliament "a cluster of new anathemas against the profession he did (at least it seems) until the day before yesterday: the magistrate".
More simply, as all the gowns can testify, there are also those that are most admired and supported by Travaglio, but which should not be defined as "red", for heaven's sake, various ways of being a magistrate. Let's say that Nordio's did not receive the applause of the editor of Fatto Quotidiano . That's all, without disturbing the profession or the function itself, and more.
Nordio, for example, has a conception of the appeal and above all of the management of interceptions different from that practiced by other magistrates, of which perhaps some newspapers will retain an excellent memory for the diffusion and political advantage obtained from his reports. He has a conception, a vision of the constitutional principle of the compulsory nature of prosecution, call it what you will, different from his colleagues, indeed former colleagues, since he has now retired for five years: less sacred, less hypocritical, more realistic – here too, as you want- of many magistrates who preach well and scratch around badly, sometimes but rarely even incurring some recall or censure. Finally, always Nordio, one who even when he was a magistrate in service did not believe – like colleagues such as the late Giovanni Falcone – that the renunciation of the sole career of public prosecutor and judge also entailed a renunciation or only a reduction of autonomy independence, etc. And I also write it because I believe in a Manzoni style that autonomy, like courage, is something that you either have inside or you don't have.
I could continue in this direction for a long time, perhaps even making use of some personal experience of a defendant journalist, subjected to so-called pre-trial detention but in the end fully acquitted, or of a defendant forced into a plea bargain for having dared to enter one of the many but perhaps the darkest of the mysteries of the kidnapping and assassination of Aldo Moro also covered with some judicial hand. But I would go too personal, in fact.
I would like to complain here about the too much skepticism, in my opinion, raised around the program summarily exposed, or reaffirmed, by Nordio. Which my dearest friend Piero Sansonetti, for example, former director of Dubbio, expressed by somehow pitting Nordio himself against the Prime Minister who – who knows why, at this point – would have done so much to send him to via Arenula. “The real Nordio is back! (Let's hope Meloni doesn't notice it) ”, Piero wrote and headlined the Riformista.
I don't speak then, that is, I don't write too much about those who are not only skeptical about the feasibility of Nordio's program but against it, preferring to compare, for example, the finally incumbent minister of Justice to Nero rather than Justinian, as he did in Repubblica Carlo Bonini while acknowledging that the magistrates at least since the times of "Clean Hands" have also taken on some bad habits, and not only accomplished their task with painful severity.
What leads me to think that Nordio has by now traced a path that can no longer be dismissed as unrealistic, on a land still too crowded with snakes, is the political and even institutional condition in which he finds himself moving. Fortunately, we are now too far from the era in which a former magistrate, moreover, such as Oscar Luigi Scalfaro sat at the Quirinale. Who wanted, or in any case thought he could commit himself to the union of robes, without even suspecting that he could be wrong, never to sign, for the promulgation, a law passed in Parliament to really separate the careers of prosecutors and judges. Or that in the management of the first government crisis that happened to him at the Quirinale he effectively extended the practice of consultations to the head of a public prosecutor's office. And I won't write any more, peace to their souls.
Since then, and even before the "reigning" Sergio Mattarella arrived, a president like Giorgio Napolitano also passed through the Quirinale, who did not hesitate to defend the prerogatives of the head of state in an einaudian way, investing the Constitutional Court with the work of the Public Prosecutor's Office of Palermo.
The only one, unfortunately, not noticing anything – even in the context of the Pd congress under construction at the Nazareno – is a certain left that has also passed the baton of guaranteeism, if it ever had it, to the right. And now he wanders in search of a lost identity.
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/mondo/sara-fattibile-la-riforma-nordio-della-giustizia/ on Thu, 08 Dec 2022 07:55:16 +0000.