The government led by Silvio Berlusconi today approved an extraordinary Council of Ministers the draft constitutional law of judicial reform, in essence, limit the power of prosecutors and researcher reduce the independence and autonomy of the judiciary. The chief executive, accused in four half-dozen trials for crimes, presented the initiative as the fulfillment of a promise made when he entered electoral politics in 1994, and said he has "nothing" to do with their own judgments.
Berlusconi illustrated the real effects of the reform with an example: "If he had done 20 years ago, would have prevented the invasion justice policy as it did in 1993 (referred to the case Clean Hands) and the current attempt by judges bring down the government elected by the people. " The justice minister, Angelino Alfano, explained that the philosophy of this "noble, pure liberal" reform initiative is to "provide citizens with a justice system fairer and faster." The minister said the law "does not punish anyone but to remove some privileges." In an exercise in propaganda and didacticism, Berlusconi and Alfano two drawings showed his idea that the Italian judiciary is essentially unfair because judges and prosecutors working in collusion against the defendants.
The first drawing showed a balance tilted, in a dish put the judge and prosecutor, while the other is the city defenseless. The second drawing placed to judge the true balance, and the two plates (prosecution and defense) at the same level. "The reform will resolve the imbalance by putting the prosecutor and the defense attorney at the same level, and placing judges beyond both," said Alfano.
The statement was tantamount to asserting that the trials since there is the Constitution (1948) did not meet the guarantees of the accused. The main developments of the bill are five: complete separation of the races, functions and categories of judges and prosecutors (although now perform different tasks), doubling the current Judicial Council (CSM) into two separate bodies, one for tax and one for judges, both chaired by the Head of State, limitation of compulsory criminal action cases "provided by law" (which allow the political power to establish the priority crimes to be pursued), hardened civil liability of judges and a High Court judge the judges who make mistakes.
The project also provides that the judgments of acquittal in the first degree can not be appealed by the prosecution, except in cases prescribed by law, and change the jurisdiction over the judicial police, which now depends on prosecutors. The law is constitutional, as amended several articles of the Constitution, so it must be endorsed by a majority of two thirds of Parliament or otherwise be subjected to referendum.
The "historic" reform, as Berlusconi calls it, will be accompanied by ten ordinary laws that the government will be introducing in the coming weeks. In addition to this package, the Government has finalized other measures such as a so-called short or the gag rule, designed to block or delay the pending trials of Berlusconi.
The tycoon and politician, who appeared with a bulky bandage on her left cheek (the result of the recent transplant surgery and dental implant bone), reiterated that he will devote the next Monday to defend themselves in court "to explain to Italians how things are ". The judiciary received the announcement of the reform with a flurry of protests and criticism.
Palermo prosecutor Antonio Ingroia, spoke of "counter" terrorism prosecutor in Milan, Armando Spataro, described the bill as "unconstitutional and dangerous to the independence of the judiciary." And the judges' union said it is a punitive reform made against judges, which reduces guarantees for citizens and significantly alters the balance of powers.
" The opposition, barricades: the exmagistrado Antonio di Pietro, Italy of Values, said, "is a project to dismantle the rule of law." And the Democratic Party's offer ranged from Massimo D'Alema ("we discussed whether Berlusconi resigns") and the refusal of Dario Franceschini, "Just try to remove fiscal autonomy to them under the political control of government." 
Berlusconi illustrated the real effects of the reform with an example: "If he had done 20 years ago, would have prevented the invasion justice policy as it did in 1993 (referred to the case Clean Hands) and the current attempt by judges bring down the government elected by the people. " The justice minister, Angelino Alfano, explained that the philosophy of this "noble, pure liberal" reform initiative is to "provide citizens with a justice system fairer and faster." The minister said the law "does not punish anyone but to remove some privileges." In an exercise in propaganda and didacticism, Berlusconi and Alfano two drawings showed his idea that the Italian judiciary is essentially unfair because judges and prosecutors working in collusion against the defendants.
The first drawing showed a balance tilted, in a dish put the judge and prosecutor, while the other is the city defenseless. The second drawing placed to judge the true balance, and the two plates (prosecution and defense) at the same level. "The reform will resolve the imbalance by putting the prosecutor and the defense attorney at the same level, and placing judges beyond both," said Alfano.
The statement was tantamount to asserting that the trials since there is the Constitution (1948) did not meet the guarantees of the accused. The main developments of the bill are five: complete separation of the races, functions and categories of judges and prosecutors (although now perform different tasks), doubling the current Judicial Council (CSM) into two separate bodies, one for tax and one for judges, both chaired by the Head of State, limitation of compulsory criminal action cases "provided by law" (which allow the political power to establish the priority crimes to be pursued), hardened civil liability of judges and a High Court judge the judges who make mistakes.
The project also provides that the judgments of acquittal in the first degree can not be appealed by the prosecution, except in cases prescribed by law, and change the jurisdiction over the judicial police, which now depends on prosecutors. The law is constitutional, as amended several articles of the Constitution, so it must be endorsed by a majority of two thirds of Parliament or otherwise be subjected to referendum.
The "historic" reform, as Berlusconi calls it, will be accompanied by ten ordinary laws that the government will be introducing in the coming weeks. In addition to this package, the Government has finalized other measures such as a so-called short or the gag rule, designed to block or delay the pending trials of Berlusconi.
The tycoon and politician, who appeared with a bulky bandage on her left cheek (the result of the recent transplant surgery and dental implant bone), reiterated that he will devote the next Monday to defend themselves in court "to explain to Italians how things are ". The judiciary received the announcement of the reform with a flurry of protests and criticism.
Palermo prosecutor Antonio Ingroia, spoke of "counter" terrorism prosecutor in Milan, Armando Spataro, described the bill as "unconstitutional and dangerous to the independence of the judiciary." And the judges' union said it is a punitive reform made against judges, which reduces guarantees for citizens and significantly alters the balance of powers.
" The opposition, barricades: the exmagistrado Antonio di Pietro, Italy of Values, said, "is a project to dismantle the rule of law." And the Democratic Party's offer ranged from Massimo D'Alema ("we discussed whether Berlusconi resigns") and the refusal of Dario Franceschini, "Just try to remove fiscal autonomy to them under the political control of government."
- Silvio Berlusconi's future: Trials and tribulations (10/03/2011)
- Ana Lanza : Nicaragua (29/01/2011)
- Robert Lanza, M.D.: Why You Will Always Exist: Time Is 'On Demand' (10/02/2011)
- Berlusconi pushing to end appeals of acquittals - Washington Post (10/03/2011)
- Berlusconi pushing to end appeals of acquittals (10/03/2011)
No comments:
Post a Comment