How Long Does It Take To Freeze Water

"La misura è colma, democrazia a rischio"

The full text of the prosecutor Giancarlo Caselli inauguration of the judicial year 2011

On January 12, 2002, in the same classroom, even then inaugurating the Year of the judiciary, Maurizio Laudi, speaking on behalf of the Association of Magistrates, said: "We are outraged that the head of government, at the international, representing the action of some courts as an act of political persecution. We are outraged that these allegations are not true and why are repeated as truth acquired that do not require to be tested. "

Brave words, needed to stem a dangerous drift was already in place. Follows that, however, has continued. As if haunted by his legal problems, Prime Minister Berlusconi has stepped up our efforts to induce, in addition, the image of justice as a "battle field" between conflicting interests, rather than place of protection of rights based on predefined rules, contributing so the devastation of that image. The technique of repetition becomes a nagging truth that even the crude forgeries continue to be applied relentlessly. And having proclaimed the need to establish a parliamentary commission of inquiry to determine whether the judiciary work with subversive purposes, the prime minister has claimed in a video message broadcast to unified networks that the prosecutor should be "punished", and promises to be street protests against judges "politicized" for next February 13.

So enough is enough. Not the measure of our patience (the unpopularity of the judiciary in the corridors of power is sometimes necessary for a physiological and independent jurisdiction: the test in life even Falcone e Borsellino). Close to the trigger level is a measure of compatibility with its institutional rules of coexistence of a democratic system.

No democratic leader in the world has ever dared to claim that "to do the job of judges must be mentally ill, if they do this work because they are anthropologically different from the rest of the human race." Prime Minister Berlusconi has supported it instead.

No democratic leader in the world, albeit under investigation, has ever dared to speak of "judicial conspiracy" hatched against him by prosecutors referred to as "political adversaries". The reactions of public figures under investigation - abroad - are the most varied, but always contained within a framework of acceptance and respect of jurisdiction. Only in Italy are launched against the judiciary, without evidence, allegations of grotesque machination or persecution, when it should read, rather, an intolerance for judicial review and for the strict application of the principle of mandatory prosecution.

No democratic leader in the world involved in legal proceedings has ever dreamed of defending themselves from process rather than in process. In Italy, however, the prime minister has tried a strategy of challenging the process itself, a sort of improper re-release of so-called breakdown process practiced by others in the past.

Under no sky democratic world political power has never operated on the judges to work get some understanding of the law or is replaced them in the interpretation. It would be a weak point intolerable to the principle of separation of powers. Only in Italy there are such jerks. Suffice it to recall the motion approved by a majority of the Senate October 5, 2001, to indicate to the judges, quote, "the exact interpretation of the law" after a preliminary court on the subject of requests do not like the Palace. Or the decision two days ago of the Council for authorization to the House, which established judicial office which is competent to proceed in a specific investigation (of course this is not a question of substance is, but only - so to speak - of ownership jurisdiction to establish jurisdiction).

Instead of indulging in a rebalancing of powers at the expense of the constitutional prerogatives of the judiciary, the prosecutor in particular, would be time to think, finally, a real reform of the judiciary, which increases system efficiency and reduce time processes.

Finally, the speaker of nonsense "the courts" should take note that a "party of the judges" really exists, but in the history of Salvatore Lupo, that is "through the efforts of a few, and Unfortunately, the martyrdom of others, that the idea of \u200b\u200bthe judges to take shape. Nasce dalla sorpresa che, in un’Italia senza senso della patria e dello Stato, ci siano funzionari disposti a morire per il loro dovere, per questa patria e per questo stato. Ad ogni funerale, ad ogni commemorazione prende forma l’idea di per sé contraddittoria dei magistrati come rivoluzionari, in quanto portatori di legalità”. Ecco: definire “cospiratori” coloro che sono semplicemente portatori di legalità, non è solo offensivo. È soprattutto profondamente ingiusto.