institutions can survive in an environment where it becomes their de-legitimize a deliberate political strategy? What happens when respect for the Constitution is forced to take refuge in places more and more restricted? We are taking an anomalous and disturbing to the extinction of the Italian way State?
Italy is becoming a laboratory where perverse elsewhere controllable elements are combined in ways that infect the entire system. And the contagion spread from politics to society, where every day we staged the degradation of language, the contempt of the rules, the brutal exercise of power. Faced with claims particularly devastating and interventions, such as those that distort the rule of law in the name of only one, it evokes the "state of exception", a political category constructed to justify the authoritarian exercise of government power and that , however, reveals a nobility that is found in the intellectual miserable Italian practice in these times. Which are now so widespread and entrenched that neither the state of exception are talking about something just as exceptional. As we spoke of "permanent emergency" to impose authoritarian logic and tamper with the rights, so it is reasonable to define the state of Italian affairs as a "permanent state of exception".
have the same constitutional principles to be routinely violated, beginning with that of equality. Do not forget that the Constitutional Court declared illegal the "Lodo Alfano" because of its contrast with that principle. We must still remember the face of proposals to approve a constitutional law that would recall the content of that text: this kind of law must respect the equality. He noted since 1988 the Constitutional Court, claiming that the "supreme principles" of the Italian can not be "subverted or changed in their essential content even more by constitutional amendment or other constitutional laws." Among these principles stands out just what equality among citizens.
But inequality has been codified in many laws, has penetrated deeply into society, are creating categories of "sottocittadini. The shame of the "short trial" there is a greatest shame of exclusion from the benefits of illegal immigrants. This erosion the foundations of coexistence denies the universality of fundamental rights, the rejection of legitimate and different, and so opens the door to the phenomena of racism and homophobia that may become a permanent member of the Italian landscape.
Once set aside the principles, the distortion of the institutional system becomes inevitable, and daily, and is no longer sufficient to explain the appeal of the conflict of interests embodied by the President of the Council. There has been a new form of "balance", where mix public and private resources, political influence is combined with economic pressure, companies in the galaxy Berlusconi joints become political determinants. This is revealed, among other things, not just the continuum Mediaset / Rai and ads standardization of TV channels is still a bit 'outside the box, but also the operations that affect the overall structure of telecommunications, the newspaper ownership, the financial system.
A power that has gradually concentrated in few hands, with a clear idea of \u200b\u200bthe state which owns the other institutions and reset control. We know the drift that is sweeping the Parliament, dispossessed of every function, and that led to a resounding decision to "lock" of ten days of the House of Representatives, decided by the President to denounce the impossibility work.
A fact unprecedented, which should have led to strong reactions, which was rather reduced to skirmishes between Berlusconi and Fini. The legislative power is firmly in the hands of the government through legal decrees and laws delegation, and thanks to the spread of "civil protection order, free from any parliamentary control and carry more and more general rules, well beyond emergency justifying it. But it is above the constitutional dimension to be evaporated.
The Constitution no longer belongs to Parliament, so much so that for every law under discussion is debating whether the President of the Republic the sign or not, what are the risks of a declaration of illegality by the Constitutional Court. The guardians of the Constitution are elsewhere, and the Constitution itself is likely to see changed its meaning if a central institution, the Parliament, it behaves as if it were foreign.
Many institutional areas are so desertified, also taking a pretext real or alleged inefficiencies. It documents the very short periods of work of Parliament and he was inspired to denounce Members lazy, not to indicate measures to revitalize the Parliament, possible today. The same technique is used to attack the judiciary and justify yet another law on a personal basis, that short trial, justified with the argument of undue length of proceedings. But it is the 1999 reform of Article 111 of the Constitution that speaks of their "reasonable time" for years that the European Court of Human Rights condemns us for the length of the justice system, the failure of the judicial administration that decades can be defined as "a social catastrophe." So sensitive to the problem, the center-right majority has not lifted a finger in the process of government between 2001 and 2006, very interventionist in matters of justice, but not to adopt measures and allocate resources to cut the time trial, but to go all 'assault on the independence of judiciary. It now wants to take advantage of this situation to steal Berlusconi processes and deal a further blow to the credibility and efficiency of the judiciary.
A "dialogue" on constitutional reforms, and the same daily political opposition, can not ignore this. It must be remembered that the Constitution ends with an article today that calls for special attention. It is written in 139: "The form of Republic shall not be subject to constitutional review." This does not mean mundane that you can not return to the monarchy. It means that our constitutional system has a number of characteristics that define the "republican form" and that can not be changed without going to a different regime. That's what you do not tire of repeating, with moderation and firmness, the President of the Republic
Stefano Rodota La Repubblica, 20.11.2009
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