conversion impossible
(Francisco Cordero - La Repubblica)
IN DIALECT subalpine circulated a metaphor romanesque "have changed to a wet nurse"; perhaps even say that suddenly appears in a different (dialects and related knowledge are dying out), the drunkard becomes an ascetic, the coward doing heroic deeds and the like.
're in the physiological metamorphosis lens made by long periods (Freud called the reactive forms, Reaktionsbildungen). Here is unnaturally swift. This appeared in the conversion of Cayman homme d'Etat thoughtful, fair-minded, selfless. Impossible, nature non facit saltus. No change at a stroke at age 72, the less egomania intolerant of rules (ethics, law, grammar, good taste), especially when it is so rich in money and votes by putting it under his feet. It was very clear by the amendment pro Rete4, in spite of competition law, but scholars of the so-called dialogue forgive almost everything.
In the air of the solstice, on Monday evening June 16, Leviathan (the crocodile archetypal biblical name) takes two shots. Let's start dall'arcinoto background. Like often, suffer from unpleasant Rogne court: a trial in Milan next epilogue is called to respond than usual habit, the broad sense defined "fraud", this time the prosecution is to have paid David Mills, a lawyer in London, that misrepresent blacks on foreign funds, had recklessly exposed the accipiens. Needless to say, because the weights at the prospect of a conviction: the maximum sentence is eight years, Art. Ter 317, or six, if applied art. 377 (the false lead of those who have the right to abstain), the hypothesis appears anomalous for a prime minister banned from public office, nor would it be unthinkable to the settlement at the Quirinal Palace in the year 2013; tip there, we know, in an Italy now acquired the family property, outbuildings Mediaset. The stakes are enormous. Just as the means of responding to danger.
there a dl public safety. Senate works on the conversion law. The amendments tabled by the usual yes-men provide for the suspension of one year of the processes on the facts before July 1, 2002, whose maximum penalty does not exceed the 10 courts between preliminary hearing and closing the hearings, tribunals and courts so big hurry the work. The presenters say without blushing masterpiece Leviathan and repeats in his letter to the chairman of the Senate, his devoted creature, announcing a second step, got out of the immunity of the five presidents, declared invalid by the Advisory four years ago.
will be suspended for a staged process against him "by far-left judges" gliel'hanno said lawyers; What's wrong?, a victim of political persecution has to defend itself, and ricuserà the chief judge, announced the en passant. But it's pure chance that the amendment succeeds comfortable. The ratio is in the collective interest. Berlusconi's speech very, whoever writes it to him. A year from now will be free, if it is not yet enough lengthen the suspension, including five from Palazzo Chigi scale Rosskopf, there are two steps in the meantime wants to have rewritten the paper wearing imperial powers (in front of him, Charles-Louis-Napoléon , III dynastic order, is a sovereign legalistic). When it difficult to give this technique can scrawl, the overflows from the legal syntax. Crew Members disfigure the basic concept of the law should be to hell with the immanent rationality whose parameters indicate the art. 3 of the Constitution, the Act covered only meets legislative form of abusive self-interest of the future master of Italy.
come to mind categories developed in administrative law, "the détournement du pouvoir", Francesco Carnelutti half a century ago constituted the hypothesis "excess of legislative power." We are in the realm of monsters, studied by the naturalist Ulisse Aldrovandi. The trick is so loud and disgustingly absurd logic in law, from astound the viewer, why suspend processes on the facts before July 1, 2002, while they continue their backs?, And include discussions in the conclusion of which is missing one day?; 12 months between the traffic jam is more serious, just fall into roles. That in the meantime, the miracle worker of Arcore has squared the circle setting up a rapid justice, and hoaxes from hucksters: the habitual practice, when not to use the jaws, or perhaps implying tacit fall in the curve of forgetting, disappear and do not talk Moreover, amnesty anonymous. In addition to the administrative disorder, the incredible pastiche he calls a civil law: intent, in the form Accursio called "machinatio scholar," close relative of fraud, such as the category under which it is defined the epic Berlusconi (piduista adventurer, impresario of magic lanterns, grimpeur business solved with tricks criminally assessable Intan kindergartens in fiscal tightness, peddler of illusions election): Amendments have convicts as a vehicle dl signed dall'ignaro President of the Republic on matters not at all similar, and had watched from saying what covasse; in Roman Nomenclature , dolus malus.
The brush is the German adjective "folgerichtig" in the sense subrational: has implications constant (fake smile, autocompianto, joke, bite, digest); not tolerate mediated pathways; instinctively chose the shortest, as when the alligator bit the prey. With this suspension process buries the action required: God knows cos'avverrà over the next five years but the goals catches the eye: he wants A 'la carte; distinct careers, of course, Procure to orders of the minister, so the government has the leverage criminal proceeding becomes a political choice or not (if they talked in the glorious sign in Bicameral Bipartisan: Licio Gelli, P2's founder, claimed the Copyright acknowledging the ideas of his "plan" of a "democratic renaissance" Anno Domini 1976, the still unseen demiurge attended lodge in the fourth or fifth row). At that point, nobody move more if it were sung by trainbearer Superman, invulnerable to the weather. The other two goals is not clear what they are: first, leave the European Union, the company uncomfortable, second, multiply the immeasurable wealth. On that point no one head on the neck are not sure, years ago, the old numbered 40 000 billion, growing as voracious raw material evoked by Anaximander.
(June 19, 2008)
The true face of the Knight
(Ezio Mauro - La Repubblica)
In the middle of the honeymoon that most Italians believed to live with the new government, the real nature of Berlusconi irrepressibly, equal to itself, dominated by a personal emergency and need to sweep away in a private afternoon every institution and every camouflage disguise as a statesman of the Knight. No. Berlusconi Berlusconi is ready to distort the rule of law to safeguard staff, to restrict the freedom of the press to escape the embarrassing publication of telephone conversations, to strike the right of the public to be informed about major investigations and crime committed, but to stop investigations of the judiciary. The Republic lives
another serious humiliation, with the ad personam laws that return, the government reduced the country's premier private shield, the parliamentary majority turned into a national defense attorney who wants to escape the suspect's legitimate court, deforming standards.
In a single day - after the strategy of the smile, the dialogue, the ambition of the Quirinale - Silvio Berlusconi has summoned his men to operate a dual action background to our constitutional system of democratic normality. Under attack, the freedom of information on the one hand, and other mandatory prosecution.
For the first time in republican history, the government and its majority enter the field of criminal prosecution to upset the rules and establish a hierarchy among the crimes to be pursued. A radical relaxation of rules on the establishment of roles for the hearing, however, that results in substantial alteration of the principle of mandatory prosecution. Established principle guaranteeing that the impartiality of the judiciary and the equality of citizens. The new standard
Berlusconi (presented as an amendment to Decree-security, directly signed by the Presidents of the I and II of the Senate Committee) requires judges to give "top priority" to the procedures of some crimes, but earlier this serves mainly to mask the real aim of the intervention: suspension "immediate and for a period of one year" of all criminal trials relating to acts committed up to December 31, 2001 who find themselves "in a state between the setting of the preliminary hearing and the closing of the hearing at first instance" .
is exactly the situation in which Silvio Berlusconi is in the process underway before the Court of Milan on corruption in judicial acts: on charges of having pushed the London lawyer Mills falsely state funds abroad Fininvest blacks in the galaxy.
That process has reached the final step, missing two hearings to the decision. We understand the rush, the conflict of interest, the urgency private, the national emergency resulting therefrom, the shame of a new law on a personal basis. We must stop those judges at all costs, even if they operate "in the name of the Italian people", even if the case is not really about politics, even if the maximum will be discredited internationally. We must by all means avoid the sentence, earn a year, to give time to the lawyer Ghedini (Knight and true defender of private-Keeper shadow of his government) to re-award that makes the premier Schifani not punishable, and that consultation has already found to be unconstitutional, because it violates the equality of citizens: a mortal sin, in a democracy, something that a political leader should not even afford to think about, but which in Italy will be presented in Parliament for the second time in a few years, to protect the same person, the same right that modern Italians have chosen to govern the country.
By all appearances, the man who leads the government is not enough to win the election, and even win big: not enough to have a large majority to both Houses, members of parliament chosen in person, and required all voters, a strong popular legitimacy, free hand in the deployment of legitimate its policy. No. Once again, Berlusconi is something illegitimate, which transforms into a mere instrument of political power, the Parliament's budget staff, the institutions in deformable material, such as laws, as the powers of the judiciary.
is a compulsion to repeat, it reveals a political culture scared, even when a fugitive leadership is on the throne, an institutional feeling that inhabits the Republic as a stranger, like a usurper, and can not be state, living her own triumph as abusive. With the result of seeing the head of the executive to the legislature asking for help to stop the judiciary. Something that the West is not used, an abuse of power Italy not only shocked, and that only the Italian establishment can accept oversimplifying, for the note and profitable complicity of the dominated by the ruling order, which is the foundation of every popular authoritarianism and demagoguery of any democracy, as we head unfortunately become. This
only for the institutions and the rule leads inevitably to a conflict with the Prime Minister the head of state, guarantor of the Constitution. Napolitano had intervened in the form of its role, against the attempt to introduce the standard anti-prostitutes in the security decree, explaining that you could not see a reason for urgency. Then he took a position for the same reason against the entry of the decree rule that leads the soldiers in the street to perform police duties. Today is facing an amendment that suspends for one year even criminal trials and orders for judges how they should move in the face of crimes, a provision inserted as a special "correction" in a decree that talks about anything. What does it matter
the suspension of trials with security? What is the urgency, to the citizens? The only urgency - as the only safe - it is very private and shameful that the Prime Minister. One flaw, which becomes an abuse, and also a challenge to the Head of State, who can not accept it. How can not accept the Democratic Party, who yesterday welcomed the proposal of Veltroni Scalfari: dialogue reforms can not continue in front of these "tears" of the right, because you can not talk about rules with those who trampled.
At the same time, while blocking the judges and stop his trial, Berlusconi also spoke about freedom of the news. The bill introduced yesterday by the government on wiretapping, in fact, not only prevents the publication of telephone intercepts, with penalties of up to 3 years (and suspension from the profession) for the reporter and author of the article up to 400 000 € 's publisher. The new rules prohibit the publication of Article 2 "or even partial summary" of the acts of the preliminary investigation "even though there is no longer a secret," until the beginning of the hearing. This means
silence about any news of judicial investigation, arrest, interrogation, statement of the injured party, the arguments of the defense, the conclusions of the preliminary investigation, request for trial. The whole process of investigation and inquiry before the preliminary hearing order of the court is now covered by the silence, even if it is a slow process that in the Italian judicial may last four to six years, sometimes ten. In this space, silent and secret, there is now a requirement (Article 12) to "inform the ecclesiastical authority" when the suspect is a religious Catholic, and if it is a Bishop will inform the Cardinal Secretary State of the Vatican, with a new privilege for the head of government of a foreign state, and for the people-priests, most of the other citizens.
If the freedom of the press is mutilated, the citizen's right to know and learn is severely limited. By this standard, we would not have known anything about espionage Telecom, the abduction of Abu Omar, all'Antonveneta climbing, climbing to the Unipol BNL, default of Parmalat, the story Moggi, the subordination of Berlusconi Saccà, the "pizzini" of Provenzano, organized by Pollari and the disinformation pump, and then the horrors of Santa Rita Clinic in Milan. But there's just an obsession against Berlusconi's private judges and journalists (some).
There is also the scientific attempt to prevent the formation of this crucial subject of any modern democracy is that public opinion, their considered opinion as informed and influential organized as an actor because conscious of the modern agora. No public opinion (I do not know, who does not know) in favor of private opinions, preferably disoriented and frightened, closed horizons biographical and fears separated, convinced that there is no more effective public action, a collective response to problems individual.
In this group of individuals - some of which are also the losers of globalization, the new mob of modernity - Berlusconi's populism asks only a vibration of consent, adherence to policies symbolic participation of states of mind, which results in the delegation. The figure that ties the whole thing is the emergence, in the sense of the horizon and fear the end of the conformity of politically correct rules and institutional balances.
Almaviva (no matter how), act (not that it counts with efficiency), turn the exception into the norm. The government, on closer inspection, it is militarizing the streets or landfills, but his decisions and his policies. Better, is militarizing common sense of the Italians, forcing in a continuous emergency situation, with the executive body transformed result from ordinary in overtime, which operates in a perpetual state of emergency. So Silvio Berlusconi can afford to come out in the evening, writing in a letter to Schifani that the rule-block process "is in favor of the whole community," even if it applies to "one of the many imaginative processes that magistrates extreme left have brought against me for the purpose of political struggle. "
and prior notice of a rejection, on a day like this, shame on democracy, with the prime minister accused person who rejects his court while it blocks the action. Proving that Berlusconi is ready for anything. We should prepare for the worst, if not the worst, probably, we are already experiencing.
(June 17, 2008)
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