Justice, two articles of the reform proposed by Nordio arouse the doubts of Mattarella-Corriere.it

Justice, two articles of the reform proposed by Nordio arouse the doubts of Mattarella-Corriere.it

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Of Marzio Breda

Abuse of office and trafficking in influence are the points on which the President of the Republic is perplexed. But Mattarella will sign for official duty (in republican history there are no precedents against)

THEThe government says that the one prepared by Minister Carlo Nordio is only the anticipation of a far more extensive justice reform, and that we will see the full-bodied part between autumn and winter. And yet, already in the ten or so articles that make up the bill being studied by the Quirinale, there is no shortage of nodes such as to arouse Sergio Mattarella’s perplexity.

Platonic doubts, anyway. No constitutional issues. As a duty of his office, the president will sign (in republican history there are no precedents to the contrary) the authorization to present the bill to the Chambers. Which, they repeat bored on the Hill, not a decree law that is immediately operational and I will therefore have a long parliamentary journey ahead of me and susceptible until the end of adjustments. Some of which may be privately reported by Colle, in the logic of loyal collaboration between powers that goes by the name of moral suasion.

The most sensitive problems, for the head of state, and who could call it into question – if, in the final ratification, the text remained as it is today – seem concentrated above all on two articles of the mini-reform. What makes the disappearabuse of office and the one that drastically reduces the range of the influence traffic. Considering the growing anti-corruption orientation of European legislation, let the eclipse fall on these crimes it would expose us to criticism and tensions with Brussels. What makes Mattarella think, in the awareness that Italy does not need new tests of strength.

It is, in fact, about incompatible repeals
— from the point of view of legal and even moral coherence — with the spirit of the times. Just browse through a collection of laws and a newspaper archive to make sure of how widespread, and detested by people, those forms of illegality. Which we summarize in their formulation for the convenience of the reader.

The first hypothesis of crime regulated by article 323 of the penal code and concerns cases in which a public official acts arbitrarily, abusing his powers or functions, to obtain a personal advantage or cause damage to a third party or to the community. Article 346 bis instead refers to the second hypothesis and occurs when, faced with bureaucratic procedures within the public administration, a person or persons exploit influential knowledge in this area to obtain favors and concessions, often also by paying sums of money.

There is a majority in support of double deletion transversal politics, to which many mayors appeal, the main targets of investigations that almost never end with convictions. And the same inconclusiveness occurs in trials for trafficking in influence. Questions on which the judiciary also questions itself, overburdened and undermined in its credibility by this type of investigation that leads to nothing. it is possible that Mattarella and Prime Minister Meloni will talk about it, among many other things, in a meeting scheduled for tomorrow at the Quirinale.

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July 11, 2023 (change July 11, 2023 | 21:16)

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