Year: 1994
In a time when the debate on Justice bounces at all hours of discussions with more or less right, I believe we need a reflection on the work and "productivity" of the judges and all those working in courts .
As I write I do it by putting aside all my political ideology and wearing the clothes of the common citizen (or a journalist who has seen my work) who goes to court not to spend their time, but to see papers and records of proceedings that concern them directly. I have to admit first of all, that before finding the room where I had to go, I had to wander as shown in (wrong) of the personnel that I addressed: there is, and get it all wrong, too. But the thing that upset me and I say loud and clear on its sole responsibility was to see the Judges of the Public Prosecutor of the Criminal Division listen to loud music in the rooms where they should work to ensure justice to all those who have suffered wrong. A scene of indescribable shame as, with government offices such as the availability of judges, magistrates and prosecutors have become venues where you could listen to the football commentary on the Sunday night match Juventus-Milan, not forgetting that many of these judges had on the doors of its offices where leaflets ANM challenged the actions of the Berlusconi government in the area of \u200b\u200bJustice (protest is permissible, but in my opinion in a public place right on the money of taxpayers, where among other things is politically easy to place a judge on one side or the other ...). It is true that not everyone listened to music (perhaps because there were not, the doors being closed did not give me confidence to know), but such behavior can not possibly be admitted in a public place, much less whether that place is a court where there are people waiting for justice for years of being recognized. These are things that when you hear them for road hard to believe, do you think is the usual harping on those who believe just the institutions of the state, but then when you see with your eyes there remains bad, considering also that the judges often feel victims of the system. They say they are forced to take the documents and records processes at home, and it seems obvious given that spend their time talking about football and music, as well as leading political battles in the name of efficiency that they do not seem to want. Now they wonder why the people through polls show adverse to the caste!
speak of justice and, more generally, the judicial system in Italy, is often equivalent to going into a field with many obscure points that have contributed to altering the actual meaning that the etymology and common sense give the term "justice." Inefficiency, theorems, delays, uncertainty and fringes of the penalty politicization of the judiciary, are more of a habit for us Italians, who, unlike other Western states, we are faced with a judiciary with a power-caste abnormal, which in left its political legitimacy. It is not democratic and constitutional rule, see the Judiciary openly challenge the legislative power of the government freely elected by the citizens, reputed sull'emanazione laws do not like, going so far as the boycott by the lack of enforcement of laws and regulations passed by Parliament sovereign . There is a fundamental flaw, due to the wide discretion in the interpretation left to the Judiciary, that in recent times is proving to be almost an ally of the crime, leaving unpunished who is guilty of serious crimes more or less, a guarantor who has subverted the roles of victim and offender, almost always in favor of the latter. Approval in 1988 of the "Law Vassalli" first, and then the season Tangentopoli of 1993 (when politicians abolishing parliamentary immunity is delivered to the power of prosecutors), the judicial system has huge step backwards compared to other Western democracies, from which we receive very often critical of the functioning of our judicial system. The story of 'murder in Perugia "laid bare in the presence of the United States and the world the "oddities Italic" education, trial and conviction in a criminal trial. E 'from' normal 'country have more than 90% of the processes prepared only with the evidence, without a shred of evidence, but prosecutors ruled by theorems and personal allowances of prosecutors at the beginning of the hearing know the level of penalties be meted out to those who will be judged guilty. E 'from' normal 'country to wait years before we know if you are guilty or innocent of the accusations made by the prosecutor? And 'normal country from the gap in the prosecution and defense, everything tilted in favor of the former? The answer is obviously negative. Minister Alfano is striving to give clear and concrete solutions, at least to biblical times of the "Italian job" under the so-called "short trial", which goes towards reducing the time, setting the maximum time in six years for the three degrees of trial. A sacred rule on which, however, the "caste-judiciary" has already expressed its disagreement, which, for those with long memories, it is not the case in 2007 when for a similar Bill was then with the Prodi government Senator Finocchiaro the first signatory of the text. That's the real problem, the courts and political oppose all proposals for Berlusconi and his government, failing in that obligation of impartiality which is the basis of jurisprudence. Italian anomaly, which in recent years has followed as a close ally of public life, putting to shame many in the judicial-media center-right and covering up the flaws of many personalities of the Left (all D'Alema and Di Pietro). An invasion of dangerous field that has corroded the harmonious functioning of the institutions with which the judiciary but to demolish the center-right and carry their own political plan, goes so far as to put pressure on the guarantee institution as the Constitutional Court , which at present out of 15 judges will see as many as 9 of the center-left area, the result of the appointments of the last three Presidents of the Republic and bodies control all of which are internal to the judiciary itself. From 1993 onwards the magistrate turned to the Constitutional Court on several occasions to meet its ambitions to control the legislature, under constant attack by the annulment of parliamentary immunity, as has happened recently on the decision on the Lodo Alfano on ' immunity to the four major state offices. Maybe the left forgets, or pretends to do that first to speak against a politicized judiciary has been some Palmiro Togliatti in 1947, mindful of the experience of the special courts of the Fascist era.
identified the ills that remains is seek care, which could pass first through the introduction of even in our system of direct elections of judges, as repeatedly proposed by the Northern League on the Anglo-Saxon model, where the system is now consolidated with the court knowing that People tend to ask the opinion to be efficient and unobtrusive. That's it? No, because in parallel we should continue the discussion on the separation of careers, because it is inconceivable that what the interrogator can then find a judge: this is yet another anomalous situation of our judicial system where the equality between the prosecution (PM ) and defense in a criminal trial is merely a concept abstract, as well as incomprehensible are the "squares" of the judges on their opinions, as well as the ability of prosecutors to appeal even if the accused is acquitted of all charges. The Government, with Mr Berlusconi and Mr Alfano has already given clear signals to improve the efficiency of the judicial system, in addition to respecting the autonomy of the Judiciary also the right of the citizen, whose right, if you encounter an error, to be tried once, not continuously for 20-30 years as if he were guilty "forever" would be the first dogma of a judiciary with a capital M, which, however, was lost in the Machiavellian of ambition for power, who do not attend on the role and function which is responsible for the protection and guarantee of ...... Justice, in fact, not law!