ROMA (ITALPRESS) – “The concern of the judiciary is aimed at ensuring that the independence and autonomy of jurisdiction remain effective as the head of the constitutional system.” Thus the first president of the Court of Cassation, Pasquale D’Ascola, illustrating the Report on the Administration of Justice and the inauguration of the judicial year of the Court of Cassation. “In a Constitution which has its essential pin in the principle of substantial equality, judiciary, which exercises the judicial function so that the law is equal to all, feels that it has fulfilled its duty if the right, every right, has effective protection and not if it is only declaimed. His autonomy and independence are not a privilege, but are supposed to be impartial,” he added.
“The assembly turned to the Parliament and the Government to look forward to the need for – I read on the test – ‘reserve the maximum attention to the concrete and future implementation of the constitutional reforms under the approval of the judicial function, with the worrying hope (although in absolute respect of the own and intangible prerogatives of the political decision-maker) that is excluded any possible risk of weakening or even of the future.
“It is therefore cultivated with tenacity a climate of mutual respect and effective collaboration between the institutions, which allows the development of a peaceful and rational dialogue on the future of justice. It is to be avoided that the false conviction in society that the magistrate is uncertain and titubante about the overall protection of the judicial function and that therefore arises the temptation to influence the magistrate itself, imagining it approachable, pavido, conditionable”, he emphasized.
“It is necessary to offer citizens and institutions every useful instrument of analysis to show how the Court, through its complaints, demonstrates the ability to guarantee the keeping and evolution of fundamental rights, to promptly receiving the transformations of society, changes in the regulatory framework of reference. This is because the legitimacy of the judicial system is based on the consistent satisfaction of the interest in the certainty of law and that of justice of the concrete case, which can only be reached in the light of the contradictory that exalts the indefectible function of the lawyer”, is another step.
PINELLI “DELEGITTIMARE TOGHE INDEBOLISCE MAGISTRATURA”
“In a modern liberal democracy, visions on the most effective model for disciplinary justice can also foresee radical divergences, but on the assumption that institutional actors recognize themselves as part of a common horizon, sharing the fundamental principles underlying civil coexistence and permeating the democratic institution. The mutual delegittimation, vice versa, weakens the institutions, exempts the pact of trust between them and the citizens, who disoriented may ask whether or not they should trust those who decide on various grounds their destiny, both with the introduction of new norms also of constitutional rank, both with the application and interpretation of the right in the exercise of jurisdiction. It is a risk that goes responsibly and with the contribution of each decidedly unjustified.” So the vice president of the Higher Council of the Magistrature, Fabio Pinelli.
“In a liberal democracy it is up to politics to dictate the rules because expression of the power of representation founded on free elections but it is also necessary to avoid positions that can develop the neuralgic and irreplaceable role that the Constitution assigns to the judiciary, forgetting that the judiciary is one of the pillars on which democracy rests, and that each judge is not if not the State itself in one of its manifestations of sovereignty,” he added.
NORDIO “BLASFEMO DIRE CHE RIFORMA MINI INDIPENDENZA TOGHE”
“On the side of the reforms the most significant page is certainly represented by the constitutional reform next to the Italian people’s vagueness. I feel the institutional duty to reiterate with clarity and firmness that I believe blasphemous to argue that this reform tends to minimize the independence of the judiciary a non-negotiable principle which, over half a century ago, at a time very painful of the Republic, led me to be part of that noble order to which I still feel I belong.” Thus the Minister of Justice, Carlo Nordio, during his intervention. “I would like to recall the solemn institutions of the new formulation of Article 104 of the Constitution. The judiciary is an independent and independent order of all other powers, and is composed of judgement and career judges,” he added.
“I would even find it unreasonable to dwell on some repugnant insinuations that in these days have been spread on the hypothesis of illicit interference by us in the exclusive and sovereign activity of the judiciary,” he claimed.
“I hope that the debate on reform” of justice “is maintained within the limits of rationality, pacacy and continence. We have already said that there are good reasons to criticize her, and we have also added – quoting the poet – that good reasons give way to the best reasons, or at least to those we believe to be the best. Both can, however, be without rancours and above all without electoral backgrounds. If the people refuse it, we will remain in our place, respecting the decision. If you confirm it, we will start the next course: a dialogue with the judiciary, with the academic world, with the approach, in order to elaborate the necessary implementing norms”, he finally hoped.
– photo screenshot from Cassation site –
(ITALPRESS).
