The compulsory indictment, the knot to be untied, the Vassalli Code, the conflict between the judiciary and politics, the separation of professions are the themes at the heart of Libero’s interview with Carlo Nordio.
Nordio’s judicial reform is once again at the center of the political debate.
A necessary reform, according to the Minister of Justice, who had regulated the role of the judge and the deputy prosecutor for years in the past. The reason is definedexquisitely technical“The Vassalli Code has maintained the GIP’s judicial control over the prosecutor’s activities, as the coroner once did.” Proceedings before the court (…). With the Vassalli Code, and this is the crucial point, assuming that the trial takes place, nothing arrives, the file is empty, there is only the criminal record and, if there is one, one conclusive incident.” What it is, for example in the case of Delmastro, in short, not there.
So how do you solve this contradiction? According to Nordio, we need to go back to the principles of the old system “when the President of the Court asked the questions,” which the current system is “irrational because it’s contrary to the adversarial system,” as he has reiterated for years: “It acts is just a questioning technique.”
Added to this is the will on the part of the government to reform this warranty notification system: “There is a part – in the reform package, ed. Red. –, which concerns guarantee information and essentially theirs.” confidentiality“. In this case, the goal is to “a Anglo-Saxon Code of Charges“.
The cases Santanché, Dalmastro and Gasparri: attack on the government? According to Nordio, no, they are independent of each other. The mistake of blocking judicial reform through judicial intervention is not due to attacks by the judiciary, “which can be of a technical or political nature”, but lies with politicians “which have given up their prominent role and bowed to criticism”. of the judiciary”. A judiciary, according to Nordio, which has the right to “comment on the laws from a technical point of view”. But it was wrong for politicians not to say: “We listen to your opinions, but in the end we and only we decide because we have the mandate to do so.” according to the constitution comes from the people”.
About the Separation of careers does not appear to be a proposal, not from the government. “A clear professional separation would require a constitutional reform, as well as a clear reform of the judiciary.” However, this is not in the government program.”
Finally, abuse of officea crime he “fought hard” for. turned off. This bill should not be repealed,” perhaps retouched, but certainly annulled. “Almost all Italian mayors, including those of the Democratic Party, have given their consent.” The crime, he says, “has done so much damage that the only way is to abolish it.”
A clear no also to the amnesty: “I think it’s premature to talk about easing punishment in general. Guarantee has two faces: On the one hand, the emphasis is on the presumption of innocence, on the other hand, the emphasis on the certainty of punishment is equally important and symmetrical.”
Finally the comment on the La Russa case which, according to Nordio, will not weaken the majority because “it revolves around the contents of the government program, shared in a homogeneous way by everyone” and the events of individual people are “unfortunately life events that must be commented on in the appropriate places and I can have no political consequences.