Justice, Mattarella: bewilderment due to political-judicial mix

2020-05-29T18:49:58.872Z

With reference to the events inherent in the judicial world, taken in these days on the subject of political contention, the President of the Republic has already firmly expressed in his own time - in his own seat - the Superior Council of the Judiciary - the serious bewilderment and disapproval for what emerged, as soon as the degeneration of the current system and the inadmissible mixture of politicians and magistrates appeared in all its evidence. This is what we read in a note from the Quirinale. As regards the request that the President of the Republic express himself on the content of statements made by individual magistrates against political representatives, it should be remembered that, however serious and unacceptable they may be considered, criminal proceedings and various disciplinary proceedings are underway on the whole matter and any assessment by the President of the Republic could be instrumentally interpreted as a pressure from the Quirinale on who is called to judge in criminal or disciplinary proceedings: justice must take its course through the organs and according to the rules indicated by the Constitution and by the laws. Cannot dissolve CSM on a discretionary basis The President of the Republic has urged changes in laws and internal regulations to prevent an unacceptable custom such as that which has arisen, hoping that Parliament will approve an adequate law reforming the rules of formation of the CSM. This is what we read in a note from the Quirinale. A reform that contributes - together with the fundamental and decisive plan of individual behaviors - to fully restore the prestige and credibility of what appears to the judiciary, safeguarding the indispensable value of the independence of the Judiciary, the basic principle of our Constitution. However superfluous it must be clarified that the President of the Republic moves - and must move - within the scope of the tasks and according to the rules established by the Constitution and by law and cannot dissolve the Superior Council of the Judiciary on the basis of his own evaluation discretionary. The CSM, according to the Constitution, concludes its mandate after four years from its election and can be dissolved in advance only in the presence of an objective impossibility of operation, a condition that is achieved, in particular, if the legal number of its components. The Colle press release continues. Should this happen, the President of the Republic would be obliged by his constitutional duties to convene, within a month, new elections of the entire body, obviously according to the rules in force for his formation. The current CSM, partially renewed in its composition, is not in this condition and is committed to carrying out its institutional activity. Csm, Mattarella looks forward to short deadlines for new legislation. Government and parliamentary groups have announced initiatives in this regard and the President of the Republic hopes that a new law will soon be approached. If political parties and parliamentary groups are in favor of a Superior Council of the Judiciary formed on the basis of new and different criteria, it is necessary that they prepare and approve in Parliament a law that provides for it: this task is not entrusted by the Constitution to the President of the Republic but to the Government and Parliament. Furthermore, a message from the President of the Republic to Parliament to solicit legislative initiatives announced as imminent would be improper. The President of the Republic will be responsible for assessing the compliance with the Constitution of what was resolved at the end of the legislative process, within the limits and within the limits set for the promulgation.