The problem and there is a serious problem: every democracy must ensure the separation of powers and independence. In Italy the powers in the game now are only two: the judicial and the political, the latter seen as a merger of the executive and the legislature, both in hand, by law, the same coalition (as it was in the 1st Republic ).
As the political power should not affect the judiciary, the judiciary should not interfere politically.
policy in fact can not decide who is right and who's not processing, blocking and moving jobs to law courts or entire processes, and this independence is to ensure that the body which has the final say on disciplinary proceedings and judges pm CSM is: self-government and appointment, in part, independent of politics.
And justice can not decide who should govern or make laws and, therefore, also in Italy, you need permission to move Parliament to process any Mr . Which should be used only in exceptional cases, namely when there is a suspicion that the investigation has purposes other than the simple finding of criminal liability of 'Mr concerned.
course the judiciary is, of necessity, in part subject to the legislature, because everyone must obey the same laws. Reason why it should be effective and not merely nominal, the third separation, between the legislative and executive power.
From these premises it would appear that the provision for the immunity of high office is not only right but a duty to respect the rules of democracy.
pity that this conclusion, although implicitly propinataci any form of information both Wrong. Dramatically wrong. The error is
nell'anomalia Italy: the only Western country where Democrats can stand for election to a convict.
If the politician was already under investigation first who stand for elections, is no longer a problem but simply DETACHED between branches of law: if one is guilty not only would be unfair to stop its institutional activity, but necessary for the of public good (perhaps there is always some partisan attached), other than "complete the mandate given by the citizens." Also, if he wins the election, the convict, acquires a power over the judges that he had not before then, if anything, the problem independence is reversed.
But why in Italy we have this anomaly? We may not have been able to give ourselves the time necessary laws to keep criminals out of politics.
No. Why are not laws. No democratic country has them. But in other democratic countries there is a fourth power independent of the other three (political, executive, judicial): the power of information. In other democratic countries
any stain on the criminal record makes you unpresentable any election, even to the President of the Association for bowling: for the office of Premier enough much less (Bill Clinton risked dismissal for a fling, remember).
In Italy no. The fourth estate, the most important one, because that is what transfers the power directly to citizens, is in the hands of political power, in chastity.
So we can not do anything but resign ourselves to the latter also changing hands: with the unification of the judiciary on the other three, which will finalize with a previously-announced reform of the CSM, the transformation from dictatorship to democracy sondaggistica-media, will be complete.
rejoice However, do not realize it at all: the transition will be for all of us and nothing will change, we will continue to go shopping at the supermarket with our SUV, watching television and Maria de Filippi to go to vote, and happy. Maybe someone will
thinking, but then passes.
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