The issuing of the so-called security decree and its approval present
clear elements of forcing exercised by the Government that furtherconsolidate the tendency towards the centralization of powers. ---- This
is what can be deduced from the report presented by the Office of the
Massimario and the Role of the Court of Cassation, a sort of research
office with the task of carrying out the systematic analysis of the case
law of legitimacy. ---- The report is very long and detailed; for this
reflection it is sufficient to deal with chapter 3 of the preamble,
which deals with general constitutional issues. The Office takes up in
its writing what was stated by the Appeal for a democratic security,
according to which we are faced with a "real wound caused to the
legislative function of the Chambers", given that the legislative
process of the security bill, pursuant to art. 72 of the Constitution,
"was almost over, when the government took over the text and a task
that, according to art. 77 of the Constitution, it can only carry out in
extraordinary cases of necessity and urgency".
According to the professors of constitutional law heard by the joint
Commissions I and II of the Chamber during the conversion process of the
decree, we are facing "a real democratic regression, with a leap in
quality in the attack on constitutional legality, as well as on
fundamental rights". The Observatory of the Italian Association of
Constitutionalists also noted that we are facing "government bullying";
the Italian Association of Professors of Criminal Law criticized, in
addition to the content, the method, which has created "a precedent that
could fuel a practice that devalues the role of Parliament". The Office
of the High Commissioner for Human Rights of the United Nations
expresses particular concern about the Italian Government's decision to
transform the security bill into an emergency decree, bypassing
parliamentary scrutiny and public debate; with regard to the merits, the
same body highlights the risk of excessively targeting specific groups,
such as ethnic minorities, migrants and refugees, configuring itself as
a potential cause of discrimination and violations of human rights.
Subsequently, the Office of the Massimario examines other aspects of the
security decree, an examination from which critical issues emerge from a
constitutional point of view, such as the lack of the requirements of
extraordinary necessity and urgency, the delayed presentation to the
Chambers, the heterogeneity, the use of emergency decrees in criminal
matters, in addition to the failure to comply with the constitutional
principles in criminal matters.
Reading the text of the Court of Cassation, we can therefore conclude
that this decree shares with other previous legislative interventions
critical aspects from a constitutional point of view, linked to
emergency decrees, with which the government appropriates the
legislative power that should belong to Parliament, reduced to the role
of ratifying decisions taken elsewhere. This practice is aggravated by
the particular path of this decree, first presented to the Chambers,
then, given the difficulty of approving it without amendments, "ripped
off" by the Government and re-presented in the form of a decree law to
prevent its discussion and amendment.
The parliamentary opposition immediately jumped on the bandwagon,
denouncing the behavior of the government in office and the risk of
accentuating the authoritarian drift. The parliamentary opposition,
obviously, plays its game and tries to put the current Government in a
bad light and to present itself as a champion of freedom.
In essence, however, it does not say what the authoritarian drift is
made of and that we are not faced with an Italian anomaly, nor an
anomaly of this government. To stay with the news of recent years, the
appointment of the Draghi government and the subsequent confirmation of
the outgoing president Sergio Mattarella, the main supporter of the
government in office, to allow Mario Draghi himself to remain prime
minister, once Draghi's hope of becoming president of the republic had
faded, are a fitting example: a ballet that took place entirely in the
rooms of the Quirinale and Palazzo Chigi, in which ordinary citizens
were not involved, but in which the self-styled representatives of the
people played the role of extras.
Precisely the growing crisis of capitalism, incapable of producing
profit margins sufficient to sustain the credit system, a crisis that
reached explosive levels in Italy before anywhere else, makes it
necessary for governments to increasingly intervene in support of the
economy, that is, of capital accumulation. In the same way that
capitalist, industrial and financial groups are concentrated, the power
of political choice must be concentrated in the hands of governments and
international supra-governmental organizations (European Union, NATO,
IMF, etc.), less exposed than governments to the "volatility" of
electoral bodies.
The government in office has made the security decree a flagship
measure. It is absolutely right: the procedure followed for its approval
is part of the series of measures that have progressively deprived
Parliament of its power, to the point of reducing its number and making
it an assembly of clients of the party secretariats, strengthening the
power of the executive and above all of the presidency of the republic
which in the last legislatures, beyond the character temporarily on that
seat, has intervened several times when Parliament was incapable of
indicating a prime minister acceptable to the economic and financial
powers. The Meloni government presents itself with this measure to its
true voters, to those who have everything to lose from the growing
social discontent.
While in Italy security issues are resolved with measures that resemble
the ukazes of the tsars, in the United States the Trump administration
resorts to executive orders, in France Emmanuel Macron uses the
extraordinary powers of the president to impose a pension reform not
wanted by the majority of the French working classes, while in Germany
the government has a defunct parliament approve a mammoth rearmament
plan. These are not aberrations: political domination throws off the
mask. Governments, incapable of satisfying everyone, support the big
capitalists in exchange for the support they receive; for the others,
for those who are neither clients of the parties nor vassals of the
captains of industry, there are security decrees to keep them in check.
Israel teaches us.
Tiziano Antonelli
https://umanitanova.org/decreto-repressione-lordinaria-emergenza-straordinaria/
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