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Justice: judiciary independent power, but not above everything

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Justice: judiciary independent power, but not above everything

Judiciary, are there perhaps more rights than duties?

Article 4 (Law 23 December 1946, n. 478): “The formula of oath for the magistrates of the judicial and administrative Order, for the lawyers and prosecutors of the State and for the notaries is established as follows:
‘I swear to be faithful to the Italian Republic and its Head, to loyally observe the laws of the State and to conscientiously fulfill the duties inherent in my office’”.

Art. 104 Constitution (The Judiciary): “The judiciary constitutes an autonomous and independent order from any other power. The Superior Council of the Judiciary is presided over by the President of the Republic.
The first president and the general prosecutor of the Court of Cassation form part of it by right. … They cannot, as long as they are in office, be registered in professional registers, nor be part of Parliament or a regional council”

After this brief but dutiful premise, I instinctively participate in the ongoing debate on the Judiciary. The latter it definitely is independent and not subject to particular restrictions, it internally manages candidacies for the various prosecutors, transfers and also the careers of magistrates. Are there perhaps more rights than duties? Request: it’s all out in the open? What am I referring to? Written jointly (by Alessandro Sallusti – journalist and Luca Palamara – ex magistrate) two books have been published IL SISTEMA and LOBBI & LOGGE ed. Rizzoli, which I have read, and to tell the truth, they left me on the one hand truly stunned and on the other embittered by how the public thing (which belongs to all of us) that is: as if it were a property. If what I’ve read is all true.

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Self-control and self-regulation are two words that should go hand in hand, especially in the public sphere, but apparently many, and certainly not all, are or feel above it all. No one should be above the law.

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