Two and a half years have passed since the famous meeting at the Champagne hotel and Luca Palamara is a candidate for the supplementary rounds of Rome Primavalle on 3 October. The affair that took his name, earthquake justice and the CSM in particular, with the book written with Alessandro Sallusti “The System”, gave him the sprint and now the former president of the ANM and member of the CSM aims to enter parliament.
Has something changed in the judiciary and in the CSM, after the Palamaragate?
“Absolutely not, the recent events on the Milan prosecutor’s office and the canceled appointments in Rome and beyond testify to the permanence of the billing agreements. The actors change but the System remains unchanged. Too easy to take the side of those who are stronger, denying and not explaining how and why one becomes vice president of the CSM, for example. It would be right that sooner or later Ermini would say it. It is no longer the time of Don Abbondio ».
As if his scandal were not enough, Amara’s revelations on the Hungarian lodge were added to destabilize the judicial world and Italians’ confidence in justice plummeted to historic lows: will running for elections improve this image?
“Many complaints have been announced on the statements in the minutes on the lodge of Hungary, it will be up to the judiciary, after more than 2 years, to verify their validity. I felt the need to tear the veil of hypocrisy that characterized my story on the mechanism of the currents. This is why I wanted to reinforce the story already made in the book The System, by applying for the supplementary ones. A way to testify also within the institution what has not worked in recent years in the relations between politics and the judiciary ».
The Area congress, a cartel of progressive robes, is taking place in Cagliari and President Ornano recommends not making these events an instrumental use for reforms of justice and the judiciary that could change their constitutional structure. Put your hands forward?
«I would have gladly made my chats available to the congress, to give the opportunity to evaluate how distinguished exponents of Area were an integral part of the System. When I was president of the ANM the most popular word was self-reform, to avoid a reform from the outside. But it’s time to pick the system and finally accept that everything changes ».
How do you fight the excessive power of the currents of the togas, which you exercised so wisely?
«As president of the ANM I found that the only reform that really terrifies the currents is the mechanism of the draw at Palazzo de ‘Marescialli. Thus the co-optation of candidates by the secretariats of the currents could be prevented. Even today the winning candidates for the new CSM are ready, but there would be times to prevent the game from happening again. Everything else is palliative. Since 75 we have witnessed a proliferation of electoral laws in front of which the associated judiciary is always able to find the antidote: just think that in the last elections for 4 pm posts, exactly 4 candidates were candidates, one for each current. Why prevent those who are not part of the currents from measuring themselves in the management of self-government? The draw would allow it ».
Luciano Violante told the «Giornale» that the CSM has attributed to itself a total self-government of the robes, while it is not written in the Constitution, is it so?
“I would say that even in the light of recent events, none excluded, it is right to evaluate whether after 73 years that structure configured by the constituent is still current, especially on the composition of the CSM, on the election mechanisms and on the disciplinary section”.
You have said several times that now your mission is precisely to help reform justice on the basis of your experience. The new criminal trial of Minister Cartabia is the first step. How do you judge it?
«It deals with a different theme, with respect to the current problem and responds to the need to speed up processes, as Europe is asking, also with respect to the Recovery fund. There have been different political orientations, but this reform certainly overcomes some critical issues on the timing of the trials on which Minister Orlando had already pronounced himself. A reversal of direction, compared to the Bonafede approach ».
You support the Lega and Radicali referendums, except for the one on the civil liability of judges. Do they serve to put pressure?
“Reforming justice is a widespread need in a large part of public opinion and the many signatures collected for the referendums testify to this”.
We are talking about the appeal sentence on the State-Mafia negotiation, which disavowed the previous one: if it will be confirmed in the Supreme Court to the prosecutors who without proof have built the theorem of a State that comes to terms with the Mafia, unjustly hitting the individual accused and damaging should not the image of justice be given a grave responsibility?
«A convenient formula would make me answer that everything falls within a normal procedural dialectic. It is certain that, breaking the veil of hypocrisy and without going into the merits of the trial, from the reading of my chats, as well as from the appointment of the current prosecutor of Palermo Franco Lo Voi (considered less deployed on the negotiation front), it was clear that all ‘within the judiciary there were different orientations on the process, as I mentioned in my book. Many magistrates also expressed themselves in highly critical terms on the legal qualification of the facts, including illustrious personalities, members of the CSM and prosecutors of the Republic ».
Let’s name a few, such as Pignatone and Fiandaca …
“But not only”.
For Violante, who was considered the head of the party of the red robes, the magistrates pretend to decide the judicial policy, even to rewrite history, but it is not their task.
“This problem did not arise today, but in 93 with the elimination of the authorization to proceed, when the borderline between politics and the judiciary, identified by the constituent fathers, disappeared. The necessary investigations into the criminal relevance of politicians’ behavior ended up being exploited, transforming the function of the criminal trial which must be a place for verifying the facts, to reach other ends ».