Eugenio Scalfari
There are, in the decree law passed last night by the government, a merit and a number of defects. Ezio Mauro, in his editorial in yesterday has already given an account. Continue on the same street opened by him and the considerations set out by the former President of the Constitutional Court, Valerio Onida. But there is also and above all a political direction that emerges from that decree, which raises great concern.
The value is in giving the majority ruling party and its candidates the opportunity to participate in the regional vote in Lombardy and Lazio, in order to exercise the right to vote and stand. This need was stressed not only by those concerned but also by opposition parties. Bersani, Di Pietro, Casini, had said in recent days to want to win disputing their eventual victory on the field and not at the table. " The Order allows this to happen and in fact will happen if the Administrative Court of Lombardy and Lazio they consider the conditions on the basis of the decree already in place when the two courts will decide. It is for them - and not the decree - whether to the requirements have been properly fulfilled.
defects - which can best be defined as actual abuses - are manifold. Some political, others of a constitutional nature. Let's start with the latter. Is there a law of 1988 which prohibits any decree on elections.
It is now clear that a decree of interpretation (as has been defined as of yesterday) can not be contrary to applicable law and essentially repeal without thereby produce a breakthrough. Cease, therefore, the nature of interpretation that turns out to be only un'appiccicatura mystifying, and reappears but rather an intervention that changes contradict current standards on the same subject.
There is another very sensitive issue: the entire electoral matters concerning the regions is attributable to the region. The same procedure with regard to electoral laws differ in several points on the other one o'clock. It 'so much doubt that the national government can come up with an interpretation of laws that are not entirely attributable to its direct. Interpretations of this kind would be granted to regional councils which have expired, however, pending renewal election.
On all these issues will certainly be brought complaints and questions to the Court. If this makes me wonder what would they uphold the validity and the results of elections March 29. The President rightly called "a mess" the situation created. Unfortunately yesterday the decree does not address the mess indeed in many ways makes it worse.
As for the political incorrectness, the most serious concerns the non-sharing of the amnesty decreed by the government with the opposition forces. The President had repeatedly stressed the desirability and indeed had become conditioned to it every declaration. His rejection of yesterday to authorize a decree that would change the election procedures for election in progress was also motivated by this.
not only sharing but is not the prime minister and his colleagues without exception have blamed the opposition for having made it impossible to exercise the right election. In this particular responsibility of the opposition would have occurred in Rome, where radical militants and other parties have physically blocked the representatives of the PDL list preventing them from crossing the threshold of the Elections Office of the tribunal.
This circumstance, on which the radicals have already raised the complaint of defamation, it will still be tested before the TAR of Lazio in court tomorrow. It 'still serious so macroscopic reversal of responsibilities, based on which the guilty punished and the innocent are condoned.
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Speaker of the House, Gianfranco Fini, described the decree of the government as the "lesser evil", once again distinguishing himself with these words from the line of Berlusconi. But in this case fell short Fini. The decree of interpretation is not a lesser evil. And 'bad same or even worse than a decree innovative.
First you can not give a different interpretation, and so extensive to an election process with retroactive effect. The construction, if retroactive, it becomes a real amnesty and amnesty is the most innovative will be the legislative point of view.
But it gets worse. As in a previous public law also applies to produce a variant the future, this precedent can be invoked from now on to condone any procedural irregularities in the government's discretion. It was not enough the system of orders, enforceable and free from constitutional scrutiny budget, it will be added from now on be under the decree by the aberrant interpretive principle that the substance will prevail over form, as he declared a few days ago President of the Senate, Schifani, giving expression to an otherwise blatantly subversive of the principle of legality. Exists in our language the word "sprocedato" to describe a person who behaves incorrectly in a manner contrary to his duties. The one is that right, it means sprocedato precisely "with no steps."
And so, to determine the prevalence of substance over form in procedural matters has no permanent effect that legitimize the illegality in public life, or rather, to coincide with the legality of the will of the Chief Executive, namely to establish the legitimacy of absolutism.
A decree interpretation with retroactive power makes this extremely serious precedent. No coincidence that Berlusconi has repeatedly dangled the threat alleged by the Constitutional Court to raise a conflict of powers between the Government and the Head of State. Gianni Letta was the "missus Dominicus" of this real ultimatum - In what is known - is claimed with unusual decision. These gentlemen of the Pope are giving us many surprises in a few days here on the most varied terrain. A bed in step armor and launched in charge we had not seen it yet but some time under his glove appeared increasingly the iron claw.
lesser evil, Fini? Unfortunately, it seems.
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What to do? Who is eligible to represent the Tar problems that fall within its jurisdiction with regard to the assessment of implementation of the decree. (The Tar Lombard has already received the suspension order Formigoni Office election and take a final decision in the coming days). Who is eligible for raises issues of constitutionality before the Court.
The exposure "sprocedate" Di Pietro of the President of the Republic are to be rejected without ifs and buts. In the given situation the Head of State was put in need and had to give priority to the exercise of electoral right, be able to pull off some transitional arrangements which restricts the application of the decree only to the regions of Lombardy and Lazio. It would have to be created an inequality among voters before the law causing a constitutional vulnus available evidence. It remains the mess and above that accelerates the transformation of the state from the arbitrary rule of the sovereign. Voters will judge the candidates first and the programs they have incurred. But it will be good to reflect on these political aspects of democratic devolution. It will not be a referendum for or against Berlusconi, but certainly the opportunity to choose in favor of laws that apply to all or in favor of "cliques" that have occupied the institutions using them for their very private interests. The opportunity to change this bad habit will come in twenty days. To err is human, but to persevere in error is not.
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