Nordio-Anm clash on the Uss case, the minister: “I exercised my prerogatives”. Santalucia: “The reforms on the judiciary distance us from the Constitution”
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“There has not been and there can never be any ministerial act that could question the independence and autonomy of the judiciary, an inalienable heritage of our democracy”. This is what the Minister of Justice assures Charles Nordio in a letter sent to the assembly of the National Association of Magistrates (Anm), where he had been invited to participate. The declaration is a response to the disciplinary initiative promoted by the same minister against the magistrates of Milan for the Uss casewhich continues to generate controversy. Artem Uss is the Russian entrepreneur who escaped from house arrest the day after the go-ahead of the Milan Court of Appeal for his extradition to the United States.
Uss, Pd and 5Stelle case: “Nordio’s fault”
Frederick Capurso
«The latest events cannot in any way represent “a non-reassuring precedent”, as you fear. And this is because, as I said from the Palazzo di Giustizia in Milan, “there is not and there has never been an opposition”. On the other hand, the minister exercised a prerogative, in compliance with the duties and functions attributed by the Constitution» reiterated Nordio. «The prerogative of the Minister of the power-duty to intervene, in a situation in which a conduct that could be disciplinarily relevant is identifiable. The point has never been the interpretation of the rules or the evaluation of the fact or of the evidence, which cannot give rise to disciplinary responsibility. We all know that very well. The point is never the merit of a provision», clarified the Minister.
Uss case, an attack never seen before on the free judiciary
Armando Spataro
The president of the ANM, Joseph Santalucia, warned of the risks of this initiative when opening the assembly of members in Rome: «At stake is a collective good, of which at most the magistrates can be custodians, attentive custodians who feel the duty to sound the alarm whenever see that that good is endangered. The good I am alluding to is the independence of magistrates, as individuals and as an order, from political power».
The American revelation, Artem Uss was smuggled out of Italy by a criminal group from Serbia
«The direction in which the reforms on the judiciary have been moving for years is gradually distancing us from the design of the Constitution. The perspective that takes on more and more consistency is that the next stage of this continuous reforming experience marks a further detachment from that overall, essential architecture» continues Santalucia. «So we cannot help but look up from the disciplinary matter we are dealing with today; don’t let us know that the agenda of this meeting has as its object only and only that initiative – he added -. We are required to do so if we want to remain faithful to the commitments of militancy and associative representation and above all if we want to show ourselves up to the ideal patrimony of careful and generous defense of the constitutional values of a democratic jurisdiction that in past decades our Association, often injured, sometimes not only from the outside, he built with the commitment, dedication, intelligence and generosity of those who preceded us».
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