Lodo Alfano Yesterday there was the ruling on the Lodo Alfano, declared illegal by the Constitutional Court.
Among the comments at this time journalists and politicians are quick to say and write, I found interesting and comprehensive to Ezio Mauro in La Repubblica today.
Alfano was therefore unconstitutional, as we have always maintained, in a country where the gap is blown liberal, and the extremism of the power establishment is blessed by a fake and his singers, unable to recall compliance with the rules because they are incapable of any general liability. Here is the result. The Prime Minister, intolerant of the independent and free decision of a supreme assurance, which works to protect the fundamental law, sets fire to the Civitas and the system of powers that the rule, sweeping in its allegations, the Court, the judiciary and even the head of state. A certain gesture of despair, but also evidence of this institutional instability that no evidence of government leaders, no guard of honor, no international summit has succeeded in turning, fifteen years later, in a statesman.
Terrified by his judges, and even more from his past, not the Prime Minister noticed to react publicly to the decision of the Court as if it were a conviction. Before the great hoax on the citizens from the usual dips Kombinat political media that governs us, remember two things.
First, the Court was an issue of substance and a method of combining them together, and in doing so he looked only to the Constitution, as is his custom and his duty. In its decision, the immunity law violates Article 3 of the Constitution, which wants all citizens equal before the law, whatever their position, their power, their wealth. Precisely for this reason - and we are the method - if you want to remove from the law, the President of the Council should adopt a rule of constitutional revision, not an ordinary law. So the award is illegal because it violates Article 3 and Article 138 of the Constitution.
The second issue is the climate of treason that burned the evening of the right, after the Court's ruling, as if the head of government had been delivered by the Advisory Body to the police. In reality, though no one will remember today, we should note that the Prime Minister through this constitutional decision is returned to the status of ordinary citizens, with full ownership of its rights and duties of course: just, and what is right and proper and must comply with judgments concerning him pending in the courts, that the award had prudently stopped.
With this status and in those locations, just like all the other Italians who have sued to respond to crime, to assert his reasons, in accordance with the ordinary law: that in the meantime - and is not a trivial matter - back now the same for everyone.
The pure reference to the Constitution makes it clear the decision of the Court. But today marks the royal privilege granted by the Prime Minister himself (rex is lex, indeed, "there is no legal limit to the power of the king, the vicar of God on earth," as James I in 1616) one has to note that the very special guaranty was not a rule exists in our system, but a specific law made by the President Council in a hurry to escape his natural judge and sentence forthcoming for a crime committed when he was a simple farmer, out of politics.
In a formula - aberrant, and greeted with applause only in Italy - one might say that the Chief Executive said in this case used the law to escape justice, manufacturing with her own hands and those of a majority of a prone pass tailored to his person in order to maintain power without having to reckon with the law.
The Court has not considered this aspect is obviously important from the standpoint of public morals, the private conscience, the authority policy, but has no constitutional value. The Court noted that it took the country (and even some newspapers) did not want to see: that through this procedure except, arrogant and scared all the Premier breached the fundamental principle of our legal citizens who want to be equal before the law. In reiterating the Court has simply constitutional justice. But you can not be silent than to come to this decision of the judges had consulted in their individual conscience and the college to demonstrate intellectual and personal freedom and institutional autonomy, because in this unfortunate country on the Constitutional Court before the delivery, you hit a storm of intimidation, threats and warnings of that tended to oppress their freedom and autonomy.
If you still say so, amid the din, but democracy has shown its strength yesterday of freedom. Not everyone is intimidated by the violence of power and its apparatus, in Italy, 2009, all is not blackmail, not everything is affordable. Even in the era of power who feel all the other higher-level, outside the institutional balance of the Charter, despite the unfortunate years of anointing of the Lord, even before legal-parliamentary theorize that the Premier status of new "super pares primus "still maintain the Constitution began with the regained freedom after the dictatorship, and applies its web of balance between the powers of a Western democracy. There are still, even in this country that has greed of kings and dominion, the guarantee institutions, which are essential in their balance and responsibility in their non-partisan, despite the irresponsible attacks of anti-politics and indifferent to those interested opposition to gain only a few decimal election more.
Indeed, the angry reaction of the Prime Minister is all against the supreme guarantee. The Court reduced the iconoclastic fury of a congregation of men left. Above the head of state, pointed to the country and the people of the right - incited irresponsibly - as part of a man ("you all know which side is") in an outburst in which over-excited back all the ghosts of Berlusconi under fixed slap, the magistrates, the Quirinal, the Consulta, the newspapers, in a frenzied crescendo of "sinister", "red" and "communists" to finish with titanium scared of a scream (" Long live Italy, Berlusconi's lives ") that reveals the grotesque conception of a prime minister who sees himself as a perennial destiny of the nation.
Napolitano said first reaffirming respect for the Court's ruling, saying that the then Head of State is, quite simply, the Constitution. Rather begs the question where is the head of government, than the Constitution, the regular game between the democratic institutions. Yesterday he said the manner in which the Constitutional Court are designated alters the balance between the powers of state: he who in minutes has tried to delegitimize three courts, attacking the judges, the Quirinal and the Court. And this is just the beginning.
The worst, in fact, has yet to happen. Other than going to the polls, as threatened in recent days the men of the right to weigh the risk of instability and ungovernability Court. Yesterday, Berlusconi was quick to say that the government is very strong as its majority, and will continue. In fact, the Premier is suffering its gradual weakening, he feels the risk of processes suspended returning to claim their accused, especially warns the weight of corruption that the civil ruling Mondadori's downloaded on him, is conscious of having zero political scandals in the summer the strength of its parliamentary majority, he knows that his system does not produce policy for months as a prisoner of a story of truth and freedom.
is not the Court that laid bare: it is the political inability to deal with his personal history, when large and small knots come home to roost and the only reaction is rage against certain newspapers. The future of the Premier from this depends on the ability of convincing an assumption of responsibility, to justice, parliament, public opinion: so far not been able to do so, or perhaps could not do it. And that is why with all the hype that surrounds the polls, the head of the Government feels that the entire political system is at her bedside, and felt his pulse every day politics.
Anything is possible in this framework, especially the worst. Meanwhile yesterday fifteen judges reminded the Premier that claims to represent the whole, in union with the people, that there is still separation of powers: When no more, Norberto Bobbio felt fifteen years ago, what begins is despotism.
