The President of the Republic Sergio Mattarella, but not only to them, speaks to the young magistrates in internships welcomed to the Quirinale on 28 May. He speaks to the country, to citizens, to remember what good represents the safeguarding of the jurisdiction of external interference, but also speaks to the institutions that are not lacking in these times in Italy and elsewhere to show their impatience towards the judiciary and its potsYou were, duties of control. There are many references to current affairs in the speech, always at the tip of a pen, implicit, but clear.
“It is the first time,” Mattarella made his debut, in a very dense speech “that at this meeting he takes part so high of new magistrates: The sign of the need to ensure efficiency and guarantee of justice, entrusted by the Constitution to the judiciary both judgmental and requiting. The unit of training – initial and permanent – represents a central element of common professionalism ».
The unity of training for the common professionalism of the judicial and reporting judiciary makes the reference reflect. The thought of the listener runs between the lines to the law under discussion on the separation of careers, which in the next few days will go to the classroom, with the “kangaroo” that is, with a clear cut of the amendments to accelerate, although it is a costive reform that would require wide consensus and which intends to impose on the aspiring magistrate the alternative choice between the judging and the reporting career, institutionalizing different and ad hoc competitions.
“Our Constitution -in the far -sighted and precious institutional system that has designed -“, continues the president, “pursues the objective of maintaining the balance between the various powers of the state, assigning to the judicial order the protection of the fundamental rights of each. No state power – nobody – is immune to constraints and controls. Popular sovereignty itself is exercised “in the forms and within the limits established by the Constitution”, as this has in its first article “.
Here too it is captured that the gaze goes beyond the audience listening to it. It is not uncommon to hear from the executives in this historical moment affirmations of impatience towards the control of jurisdiction, it happens in Italy, it happens even more in the United States, every time a judicial decision is in line with the desired of the majority that governs.
“Ius saying,” continues Mattarella by referring to the etymology of the word jurisdiction, «constitutes Expression of a knowledge that does not end in the technical-legal data and, consequently, could never be entrusted to artificial intelligence systems. The judicial decision is intended, in fact, to affect people and reality And, intervening in sometimes dramatic situations. The judiciary is entitled to apply the current rules by identifying the adequate solution to the peculiarities of the individual question, so as to respond to the needs of justice. The indispensable search for the appropriate solution must, of course – in any case – to find balance in the law». With the sensitivity that is proper to the constitutional judge, the president warns the young magistrates against them, reminding them of anchoring to the law and his primacy, by the risk of creative interpretations, but also from the speculation danger of a judiciary lying on a disllish bureaucratism that is limited to applying rules by forgetting the lives behind them.
On the subject of impartiality, the President uses the adjective ‘mandatory’ and states: “Our Constitution ensures the judiciary independence and autonomy so that it can decide impartially, without influences or conditioningalso deriving from any personal prejudices ». Do not fail to remember that: “Belonging to the judicial order requires a high sense of responsibility, on whose observance depends, to large extent, the credibility of the same judicial function.
The rigorous exercise of the sense of responsibility is, therefore, a necessary aspect of independence and autonomy of the judiciary, which It requires professional qualification, punctual respect for ethics, irreproachability of individual behaviors. Judges and public ministries therefore have the duty to be and to appear – to appear and be – irreproachable and impartial, in every context (also in the use of social media); With the awareness that, in cases where it comes – foundly – questioned the behavior of a magistrate, the credibility of the judiciary can be compromised. Moral rigor and high professionalism are the most effective response to instrumental attacks intended to try to weaken the role and function of the jurisdiction and to make the tension in institutions inappropriately high». Significant of the historical moment that “foundly” to let it understand that it is necessary to protect yourself from giving pretexts to founded criticisms, but that there are also unfounded. Many have caught in that explicit reference to the “instrumental attacks” an elegant pulled of ears a few days after the words of the Undersecretary of Justice Delmastro who at a conference spoke of “magistrates who speak as mafia” and agitated the separation of careers as “reform that will have a devastating performance against red toghe”.
“The condition of legitimacy of the judicial order” explains Mattarella, “lies first of all in the trust that citizens nourish towards justice. This trust should not be confused with popular consensus on his decisions. In the judgment, the assessment of the facts and the affirmation of the law must take place – I repeat – without suffering any influence or seeking external approvals. Also for this reason it is necessary that the judicial measures are correctly motivated, in such a way as to allow the evaluation by the parties, of the judge of the appeal, of the entire community. The same judicial decision, in fact, is not an expression of absolute power: it is subject to checks, controls, to re -meter, to guarantee compliance with the system and its laws “. In the choice of words, references to the appropriate locations are read in which the judicial decisions must be discussed and challenged, a refined but clear way of parading them to the court of the square, including political.
In mentioning the importance of the predictability of the decisions and the role of the Cassation for the uniform interpretation of the law, Mattarella cites the sources of the law and “the task of orientation of the European courts”. While the European Court of Justice has recently ended up as much as the national judges under attack in Italy for decisions in terms of asylum right and safe countries.
After preaching to the magistrates “profound knowledge, listening ability, prudence”, the president cites “the superior council of the judiciary, as the supporting structure of our constitutional system”. A structure that the reform on separation would like to divide in two.
Humility, a sense of measure, and commitment, are the irons of the trade, that Mattarella iindica to judges both as public ministries ». It does not escape the fact that it names them once again together, and it is the third time in the speech, indicating to both the path of the same human and professional qualities.
