Sunday, January 30, 2011

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Pasquale Profiti, magistrato “eversore e disturbato”

La provocazione del Presidente dell’Associazione Nazionale Magistrati del Trentino Alto Adige all’inaugurazione dell’anno giudiziario 2011

Sono un magistrato italiano ed oggi rappresento molti altri magistrati, come me.

A nome mio ed a nome loro, oggi, finalmente, confessiamo.

Confessiamo di essere effettivamente degli eversori , come qualcuno ritiene. Applichiamo, infatti, le regole della nostra Costituzione e delle nostre leggi con la stessa imparzialità ed impegno agli immigrati clandestini ed ai potenti, agli emarginati ed a coloro che gestiscono le leve della finanza, della politica, dell’informazione. E’ vero, siamo degli eversori perché, insieme a CALAMANDREI, riteniamo la Costituzione e la Corte Costituzionale una “garanzia con cui il singolo è messo able to defend his rights against the attacks of the same legislature or the government. " Today, this means being subversives.

confess to being really, as has been argued, mint disturbed them, because only those that still believes in the justice service, when you do not know if the next day there will be someone who will assist with your computer, when you see essential that employees who retire are not replaced, when to share work with colleagues or assistants narrow rooms, where rulings on vacation write or develop measures, where, nevertheless, are accused of self-promotion and to lose time in conference or conferences.

confess they can not always satisfy the public if the Constitution and laws prohibit us know, because we acquit innocent people even if it does not bring consensus, we condemn Who found guilty on the basis of rigorous assessment of the evidence even when the polls are true or false, not comfort us, and we assess the responsibility of the individual even when the leader would take a tough response, even at the expense of the individual, to phenomena of collective violence.

confess, indeed, to subvert the vote because the Italians had sworn on the Republican Constitution, we believe, with Einaudi, that the Constitution requires judges to use the brakes, which "have for its object to limit the freedom to legislate and operate the ruling political classes, selected by the majority of voters. Those brakes that "protect the majority against the tyranny of those who otherwise would act on its behalf, those brakes that require non-application of laws in conflict with European standards when ol'incostituzionalità violate international law.

confessed to being politicized and not want to be like claiming to be apolitical the majority of judges or magistrates fascist members of the P2 or the magistrates who have some managerial post or semidirect rely on powerful wheeler or on duty, attending salons, make phone calls to friends or use their role to get discounts, gadgets, inputs or free services. We want to be politicized, and because we apply the law with the appropriate penalty to those who govern, those who could help, knowing that we would be apolitical if not to disturb the ruling classes, the ruling elite who want to be above the rules.

confess even to proselytize our subversion telling in Italy and abroad, the reasons for our autonomy and our independence, the reasons why we believe in our country, now more than ever, quell'assetto constitutional judiciary is essential to prevent the vested interests always prevail over the interests of the community, because Italy can not afford a different attitude of the judiciary as one of its representatives in Parliament or in local sit convicted of serious crimes and justice is unimaginable for ground attack other democratic countries.

confess, once and for all, to be red robes, we are red, once again stealing the words of Piero Calamandrei, "because it always among the many sufferings that await the righteous judge, there is also to feel blame when he is not willing to serve as a faction, the faction to be of service to the contrary "are red even though we do not know exactly what that means, because for us red is the blood of colleagues killed mainly for their work.

also confess to have accomplices , the administrative staff without whom we could not commit themselves to our faults, many of them share our subversion and our mental health if it is true that agree to undertake work beyond their duties and their salary, share our own narrow rooms, our uncertainties about the future of ministerial organizational projects.

We regret to confess that even many law-enforcement officers, incredibly, they believe, like us, that nobody is above the law and seeing us work every day realize that the subversion of many of us is equal to them, make service to the community for which we paid, without giving anyone could stand above the rules.

confess, then, that for us on January 29th is the date on which we remember Emilio Alessandrini, public prosecutor in Milan today, 32 years ago, was killed by the subversives, the real ones, the ones that instead of our weapon , the Constitution, they used guns. I would like, Mr. President, that at the end of my speech there was applause, ritual or spontaneous, formal or warm they are, but the silence, perhaps standing, dedicated to his colleague killed by terrorists, enlighten us so that his memory today and, even more , tomorrow.

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