For many months I'm arguing in this blog that, contrary to what Marco Travaglio and many other opponents of Silvio Berlusconi, Berlusconi is in a specific political project that seeks to subject the executive of all other powers was to build a system that works for all purposes as a genuine autocracy.
On 30 January, when Berlusconi was not yet clear whether he could survive the scandal Ruby, I wrote:
"We can not exclude the possibility that Berlusconi will be able once again to overcome the crisis and remain in the saddle, perhaps emerge further fortified. In this case, has already made it, he threw himself with renewed ardor in its program of subversive law: wiretapping, quick process, separation of career ... In a word, in the construction of the scheme. But it is the most probable hypothesis. "
I was wrong. It 'just what occurred. But in a very more acute than what I mentioned. The "reform" constitutional Alfano has just submitted to the head of state has nothing to do, despite stuttering at the direction of some enlightened member of the opposition, with Mr Berlusconi's legal troubles.
E 'instead of a heart attack on the constitutional order, which aims to neutralize once and for all the independence of the judiciary. And in order to protect Berlusconi from prosecution, which would not allow the time required, not for the purpose of "revenge" of the judges, as someone else aired, but simply in order to realize this project which was in the dreams of Licio Gelli and Berlusconi cultivates at least two decades. The judicial police
subject to review by judges alone could neutralize any investigation uncomfortable for the executive. But so much is not enough. It authorizes in fact who has the power to commit any offense by removing the mandatory prosecution, which is left to the whim of political power through a parliamentary majority, in practice it allows those who have the power to prevent the judiciary to punish the crimes of power itself .
But not enough either. It suppresses the de facto self-governing body of judges, the backbone of the independence of jurisdiction, replacing it with purely administrative power from two councils, one for the judges and one for prosecutors, moreover, that would be, respectively, half and even two-thirds of political appointees. As in the prevalence of political appointees would be the new High Court officer to disciplinary measures against judges. The details will vary, but the intent to subject the judiciary to the will of the parliamentary majority and the government could not be more clear, as demonstrated by the constitutionalization of the powers conferred on the address and inspection Keeper.
What's more, it even prevents the courts to express Judicial opinions on legislation that are not requested by the minister, arguing that it is so separation of powers, as if to express an opinion on the laws was tantamount to exercise the legislative process. The university can comment on the university legislation, the medical doctors, industrialists, which are private, industrial, but woe if the judges allow themselves to express opinions on the law court!
And finally, full of ridges, in a country that has the pride to host associations in the richest and most powerful criminal organization in the world, it is the first final acquittal and provides that if the court is wrong to impose sanctions should pay for the damage in person, while if it is wrong not to perform loses nothing with which results in the fight against crime, any idiot can imagine. Here, the latter two points are the only ones that distinguish this "reform" of fascism, in order to assimilate into an outlet instead of criminal power. For the rest, it is fascism pure and simple.
The least that should the opposition before a similar attack on the rule of law, supremacy of law and the very foundations of democracy, is to call for general mobilization. Especially since this is just one step on the road to the completion of the autocracy. Another is already in the works, and opens the way to check on Berlusconi press, which now gives far too boring and television will be associated with the rider in the chorus of cheering. Another is ready in the rear: the reform of the constitutional court, it becomes a political majority in the name, of course, the sovereign people. So that, too, dutifully, will always be of the opinion of the government.
What is at stake here is not the fate of Berlusconi in the process, not the functioning of the judiciary, not the dignity of the judiciary. What is at stake here is freedom .
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