landing of Libyan migrants in Brindisi
Do Italian laws have to be applied or can they easily be interpreted?
Always with the premise that I am not a jurist here I am “snuck in” to have my say on the release sentence of the Court of Catania regarding “the validation of asylum seekers” considering the Government’s provision illegitimate as well as being unconstitutional under community law. Like many others, I asked myself a question: when a person enters Italian territory, what must they have with them? Answer: According to Italian law.
( the citizens non-EU citizens they can enter Italy if they demonstrate that they have the ability to support themselves financially during their stay and by documenting the reason for their stay. Furthermore, it is possible to move to Italy for work reasons. Moving to Italy: documents and all useful information (smallworldfs.com)
Here’s what I found in my wanderings on the internet: “The main rite of a giudice is to enforce the laws in the justice system. His responsibility is to interpret existing laws and apply them to the specific situations presented to him. However, there are cases in which a judge may be called upon to interpret a law creatively if it is unclear or ambiguous. In these cases, the judge may decide to adopt an interpretation that best suits the general spirit of the law and the general principles of justice. However, a judge’s discretion in interpreting laws must always be exercised in accordance with fundamental principles of law.”
Obviously that of the people who disembark”clandestinely” on our territory, without documents, according to the Judges, how should they be treated? If the laws of Parliament are not sufficiently valid, how should we behave with illegal immigrants? And do all those without documents, or who have declared a false identity, who are criminals have the right to remain on Italian soil? Then another question arises: “In summary, what value does a sentence have? Answer: In short, the sentence has no legal force, it does not bind anyone if they are not a party to the proceedings (even if they did not appear and remained in default). However, all citizens, by reading the sentences involving other subjects, can get an idea of how their case will be treated if they were to be involved in a similar affair. What value does a sentence have? (laleggepertutti.it) So do Italian laws have to be applied or can they easily be interpreted? Well… I close with a very famous Latin proverb: dura lex sed lex – harsh is the law, but it is the law.
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