La Commissione Ue ci punisce per la mancata responsabilità civile dei giudici
La Commissione Ue ha deciso oggi di aprire una procedura d’infrazione contro l’Italia per la mancata responsabilità civile dei giudici.
Per due anni non abbiamo rispettato la condanna decretata per lo stesso motivo dalla Corte di giustizia Ue nel novembre 2011.
Non solo Forza Italia, ma il presidente della Repubblica Napolitano ha detto autorevolmente che nel nostro Paese c’è urgenza di affrontare il problema giustizia, invocando più equilibrio da parte di tutti, toghe comprese. La mancata responsabilità per le conseguenze dei loro errori è uno degli aspetti di questa emergenza.Tutti siamo civilmente responsabili del nostro operato professionale, i magistrati no.
LEGGETE ANCHE: Decreto del fare: per la giustizia e il processo civile
Ora anche l’Unione europea ce lo ricorda pesantemente avvisandoci del rischio concreto, questa volta, di dover pagare anche sanzioni pecuniarie. Come se non bastassero i danni economici che l’azione insistita di alcuni magistrati già sta facendo al sistema economico italiano. Chissà se l’adeguamento alle disposizioni europee di cui tanti si fanno belli verrà anche in questa occasione rivendicato, dando esecuzione a quello che è stato il preciso mandato di un referendum popolare disatteso da venticinque anni.
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Ministro Maurizio Lupi
Il presidente Unione Camere Penali Valerio Spigarelli,ha osservato che la procedura d’infrazione Ue è un atto importante poichè segnala la necessità di una riforma generale sulla responsabilità civile dei magistrati.La Commissione Ue contesta i limiti contenuti nell’art.2 comma 2 Legge 117 del 1988,perchè non in sintonia con la normativa comunitaria;tali limiti sono stati oggetto di una precedente pronuncia della Corte di Giustiza europea emessa il 24 novembre del 2011 e non rispettata dall’Italia pertanto la Commissione Ue è di nuovo intervenuta.Anche i giudici italiani compiono errori nell’applicare il diritto comunitario e interno, pertanto è l’ora di essere in sintonia con le altre democrazie europee che sanzionano tali errori.In uno Stato di diritto(non mi risulta)non è giusto che esistono categorie dentro fortezze inespugnabili.Ministro M.Lupi ha ragione a ricordare che tutti siamo civilmente responsabili del nostro operato professionale,i magistrati no.La legge è uguale per tutti(solo da un lato formale) mentre la responsabilità non è uguale per tutti.Ad esempio i dipendenti della P.A,gli insegnanti che operano con soggetti incapaci di intendere e di volere (non fogli di carta) percepiscono una retribuzione irrisoria pur avendo enorme responsabilità civile,penale e amministrativa.L’Italia continua ad essere uno stato di non diritto,prevale l’illegalità,l’ingiustiza,dei richiami della Commissione Ue non importa tanto le sanzioni pecuniarie le pagano i cittadini(si strizza il solito limone)i giudici anche della Ue se ne fanno un baffo.L’accanimento contro i cittadini italiani persiste non solo contro Berlusconi,che desolazione, l’Italia oscilla tra il caos e l’anarchia.
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