Sentences, when they concern relevant aspects of institutional life, always have a political side: anyone who doubts this should reread Plato’s pages on the trial of Socrates in 399 BC. So there is no scandal in reasoning in political terms about the decision of the Court of Rome which requires the return to Italian soil of migrants brought to the new structure built in Albania.
Also because the sentences are respected, there is no discussion on the point, but they are rightly the subject of debate: in a democracy nothing is separated from the free comparison of ideas. The Court’s decision hits the government’s project hard, putting it in a condition of significant political, legal and administrative difficulty, since it makes, in the current state of affairs, the newly built sorting centers essentially unusable (and therefore useless): there is no it is doubtful about this.
However, I believe that both Prime Minister Meloni and Interior Minister Piantedosi should pay kind homage to the judicial office that put them in their current conditions: I will now explain why. There is no falser belief than that according to which once the elections have been won one automatically finds oneself in the control room, knowing exactly what to do, finding all the useful tools ready to use. Things are not like this, especially in Italy and especially for the right-wing political forces, which have long been strong electorally but fragile in the real management of power.
Here is the reason why the government should be just as sorry, so not too much, for the court’s decision. That ruling forces the executive (and in particular the technical legal structures of the Presidency of the Council, the Ministry of the Interior and the Ministry of Justice) to make an effort that is both political and normative, so that the courts find themselves using rules that make the government’s choices can be applied in practice. There is no escape for those who really want to govern: political choices must be translated into well-written rules, easily usable by the various administrations and also capable of resisting any form of contestation in the places where it may occur. So now the real challenge begins: adjusting the regulatory system.
A challenge that is particularly significant for the coalition that won the elections in 2022, as it governs for the first time ever, with many first-time ministers. There is no reason to make it too long: the Italian right must fully confront the complexity of governing. Which (also) means taking measures against those components of the national power system that can oppose alternative visions: the judiciary participates fully in democratic life, denying it means lying knowing you are lying.
Therefore, let the next Council of Ministers do its job, act on the rules (respecting the Constitution and international treaties) in agreement with Parliament, thus allowing the political choices of the majority to become unassailable administrative acts. The migration emergency is exceptional, as such it requires exceptional tools for management. In Europe, many people have understood this, not everyone yet. In the meantime, however, Italy must do its part.
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