Sunday, May 8, 2016

The CSM and anti-referendum Ardituro robes: “Freedom of expression for all judges. The vote is not on Renzi “- BBC

“one thing must be clear: we can talk Special Tax that a top member of the Board of the judiciary involved in the referendum campaign on constitutional reform, but not a ban; those who want to still be entitled to do so. ” So says Antonello Ardituro, organ self-government council of judges on behalf of the leftist group of area (which brings together the Movement for Justice-Article 3, his and Democratic Judiciary, which belongs colleague Piergiorgio Morosini), after the vice president of CSM John Legnini invited to “caution” with respect to the direct in committees for the No (or for Yes).

the problem arises only opportunity for the councilors of the CSM or for all judges?

“It’s about us representatives of the Council, members of a constitutional importance collegial body; the active participation in the campaign we accomunerebbe to extremist or radical, as well as politicized, not appropriate for the institutional position that we cover. The magistrates instead are free, they have already done in 2006 and nobody seems to me I’ve moved reliefs, because today be any different? “.

F bears because Renzi has tied the fate of his government to the outcome of the referendum.

“But this is a problem of the Prime Minister, not the judiciary. We are talking of the legitimate exercise of a right which can not be trampled upon or influenced by the fact that someone else attaches political significance to the outcome of the referendum. The consultation concerns the constitutional structure, and the magistrates who intend to take positions will evaluate the impact on the balance between the powers; It is not a referendum on the government in power. ”

So, in your opinion, if the Turin prosecutor Spataro joined the Committee for No not us are problems, while Morosini would be inappropriate?

“This is my opinion, it being understood that also the councilors have the full right to say publicly how they think. But the direct participation in the campaign is another thing. “

” Undecided ” .

The “case Morosini ‘, however, is not limited to the referendum. For the Minister of Justice there are issues “institutional relevance” to be clarified. What do you think?

“I think we should stick to the denial, however, repeated; a private interview can not be compared to an interview, and we could stop here. After that, if the Minister considers necessary clarification is right that we speak with Vice President Legnini although, as has specified precisely Legnini, there is no power to call by the Keeper of the Seals. We are part of the loyal cooperation between powers. “

Someone speculates disciplinary action dependent his colleague.

“any launch disciplinary action up to the Minister or the prosecutor general of the Supreme Court, and I this I can not express because they are alternate member of the disciplinary section who would be called, if necessary, to judge. “

Because the denial of Morosini was not enough?

“Because the alleged interview came after that of Davigo against which have risen politicians, and after the release of Fanfani advisor to the CSM against Lodi judges: an unnecessarily disruptive move, not least, to which we have rightly it reacted very firm. The Morosini affair was the occasion for a further response that has helped to increase the tension. I hope that now the debate within its physiology, with a lowering of tones by all. ”

Returning to the constitutional referendum, do you think it would be legitimate if the National Association magistrates schierasse to one side or the other?

“If there was one voice I do not see where it would the problem. Usually accuse the judiciary currents only to have become the centers of power over the division of seats, but then you wonder when discussing political and cultural positions of major institutional issues. “

Inside area we see a division between you of the Movement, less confrontational with the government, and Md most strongly opposed. Is that it?

“Except that in the CSM we voted almost always compact, I think that kind differentiation of both transverse within the groups and not so clear between the one and the other. Indeed, it would be good experience to go on the area until the final overcoming of the origin groups. ”

May 8, 2016 (edited May 8, 2016 | 23:37)

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