Anm against Nordio: “He cannot assess merit, serious if he did”

«A fundamental rule of the disciplinary matter, an immediate translation of the principle of the separation of powers, is that the Minister and the Superior Council of the Judiciary cannot review ‘the activity of interpreting legal norms and that evaluation of the fact and of the evidence’. It would be very serious if this limit, a barrier to protect the autonomy and independence of the jurisdiction, had been exceeded”. Thus the president of the ANM, Giuseppe Santalucia, speaks to ANSA of the disciplinary action of the minister Nordio against the judges of the Uss case. Santalucia starts from a premise. «I only have journalistic news regarding the disciplinary initiative of the Minister of Justice against the members of the panel of the Milan Court of Appeal who in November 2022 ordered, in the extradition procedure to the United States of America of the Russian citizen Uss – escaped after months of distance – the precautionary measure of house arrest with an electronic bracelet”. For this reason, “not knowing the contents of the Minister’s initiative and basing myself only on press reports, I can only make considerations of a general nature”. And he explains that the inexcusable negligence that gives rise to disciplinary responsibility is that “which leads to the violation of the law, to the misrepresentation of the facts, to the adoption of measures without motivation or with measures permitted or foreseen by the law”.