In the United States, which by rights is certainly not a Third World country, the judges are elected by the people. Here the president of the National Magistrates Association, just hearing about a referendum on justice, launches an appeal for mobilization. Even worse, if the choice of words is not accidental, to a “firm reaction”. Expression so generic and threatening that it can hide any intent.
But what is striking is the idiosyncrasy towards the popular will that makes our judiciary more similar to a “caste” of untouchables, than to an order of the state. Without prejudice to autonomy, God forbid, the toga power requires, in fact, that the legislator comes to terms in the choices that concern him, stripping himself of his prerogatives. Which would be equivalent, in opposite roles, to an eventual claim of the political power to negotiate on any sentence that brings it up. Two follies, the second only theoretical, while the first, which gave rise to the presumption of the ANM to establish a right of veto on the decisions of the Parliament, blocked any serious reform of justice: many speeches but nothing done in thirty ‘ years, despite our system proving to be inefficient and slow and often the action of some magistrates (fortunately only a minority) has shown limits, shadows and a sort of gray area in relations with politics.
All this has worn down the image of the category, to the point of causing terror within it for the referendum. The novelty in the exit of the president of the ANM is precisely the fear of popular judgment. Yet in this country, referendums have been held on everything, including on the sex of angels, and in the past also on magistrates. Only the air has changed: the gods have fallen, a totem like Piercamillo Davigo is under investigation and two prosecutors who have filled the pages of the news are being investigated in Milan. Not to mention the verminaio unearthed by the revelations of the former prosecutor Palamara. As a result, under the media-judicial gallows there are no more cheering crowds, given that the purple people have disappeared, the grillini are on the verge of extinction and Di Maio has converted to guarantee. Reason why the president of the ANM is alarmed by those “polls that show a decline in appreciation of the judiciary.” So the paradox is that now it is precisely the robes that rely on the intervention of the legislator to avoid the popular sentence. A bit like the Jacobins and the sans-culottes when the Thermidor arrived.