Of Luciano Del Vecchio

Source: Appeal to the People
For about a quarter of a century, a massive and progressive occupation of power by supranational private potentates has been modifying and distorting the legal nature of the modern state, which seems to revert from a state of law to a balance sheet. Globalization has taken hold and digital technology has developed, the rule of law, which is based on legislative activity, the division of powers and on the prevalence of a Constitution, has progressively lost ground. On the one hand, the constitutional changes were inspired by the principle of the minimal state of liberal ideology, on the other the constitutional norms, escaped the distortion and liberal tampering, are not concretely applied by quisling because they are postponed, in the source hierarchy, to the rules of the European treaties. Our Constitutional Court, interpreting the art too broadly. 11 Cost., it established the superiority of treaties over domestic law: ruling that the courts of other countries, Germany in the lead, they were careful not to adopt. He moved in parallel with the judges a political class That, educated by history and home tradition to transformism, he felt no scruples of dignity and coherence in crossing all sides from one pole to the other, to finally recognize oneself as uniformed and flattened everything on liberal ideology: This group was and still is the most suitable to transpose and slavishly apply the tables of the law, not just the orders of the European Commission, but also simple agreements dictated by international trade or financial organizations. Magistrates, politicians, academics, intellectuals, commentators and TV commentators, a whole army of attendants to hand over power into private hands, they were raised and "fed" in the climate of political revolution, economic and technological that, since the end of the 80s of the last century, it destroyed the old cultural and legal categories of public law. Today an economic and financial oligarchy, intentionally stateless or cosmopolitan, which becomes law with the power of money and technology, it replaced the rule of law, invalidating the ancient definitions of legal science e, with a new modality in history, exercises real power detached from the idea of ​​the State, indifferent to the territory, foreign or hostile to the people. Handing over the structure of state power into private hands involves not so much the elimination of the State as the last and only institution to defend the community of citizens and the general interest, as much as its metamorphosis: the rule of law historically and politically relegates itself to a patrimonial state of absolutist memory.

Basically, with the pressing privatization of power, we are returning to Etat c'est moi, to the patrimonial state in which the sovereign is master of everything, its assets are not distinct from those of the State and public powers are at its disposal. Today, global private power has the State and its institutions as its property: parliament, judiciary, bureaucracy, school, tax collector, everything is transformed into an "agency" to collect taxes to cover an ideological debt, to impose falsely contracted precarious jobs, to educate in the supposedly eternal liberal doctrine, to maintain public order not for the purposes of civil coexistence but to protect the tranquility of the markets. To confirm the progressive reduction in the size of the public sector, so-called governance is imposed, the model which aims to maximize the use of the private sector and minimize the activity of the public sector. The primacy of the markets, the presumed transparency, the flexibility of contracts, competitive logics, the «quasi-market» in the public are all changes linked to globalization which, in fact, translate into encouragement to reduce public intervention and spending. La governance, unrealistically transferred to the public sphere as if the supplier/consumer relationship were the same as the public administration/citizen relationship, ensures the conditioning of the private over the public, deliberately thins out the administration intended to pursue goals of general interest and places the satisfaction of greed and financial and productive hoarding before it. Like the absolute rulers of the past, private monetary managements are freed from the laws, they can impose their own single currency, domain tool, through a Private Central Bank, independent, whose decisions the States can neither evaluate nor interdict. Furthermore, explicit rules of international law guarantee extraterritoriality to the offices and managements of their international interbanking system, irresponsible monetary authorities before the laws of the States.
The markets enjoy no less immunity. International treaties, kept in abeyance but ready to be approved at more appropriate political moments, provide private courts, direct emanation of supranational cartels, with coercive and punitive powers over states that are intolerant of the power system of trade and the global market. Central banks and international courts go hand in hand with rating agencies, private venture companies of the same financial dome, who with the report card to the States decree their reliability on the markets and threaten their possible bankruptcy: with obvious ideological coherence of the rest, the States no longer being the owners nor of power nor of authority, but economic actors like the others. Or worse than the others because, not being able to pursue profit logics and being financially weaker, they must submit to the blackmail of loan rates by high and private finance. If the centers of real decision-making power are in the hands of private groups that own technologies, of social platforms, of telematic commerce monopolies, cartels on which the states are unable to even force the payment of taxes, the State is no longer "of law", but it oscillates between a police state for the citizens and a patrimonial state for the oligarchies. The rule of law has been overridden, the new social structure ensures an immense network of supra-territorial private power for the oligarchies, who are willing to exercise power as well as de facto and de jure, drafting laws in their private offices/studios located in dozens at the European institutional headquarters. These laws, result of agreements between private elites, they are "passed on" by anonymous members of the community commission to national governments and parliaments in the form of regulations, directives and recommendations, which we are obliged to obey as if they were laws of our State and not written across the border and in private offices.
Within this perspective, to the State, essentially reduced to a peripheral administration delivering application circulars and a police system, there remains a residual coercive force that it uses on behalf of the private power that dominates it to protect public order for the benefit of financial assets and speculation otherwise called 'markets'. The State is “them”, and the composition of the governments imposed in the last seven years makes this clear, dense as it is with officials and consultants, in the role of ministers, "seconded" and sent by national and foreign banks and financial companies to directly occupy the ministries. Faced with the power that arose from global privatization, the principle taught by law according to which the constituent elements of the State are the people breaks down., territory, sovereignty: entities that today are almost like semblances of a State that has lost the game. The territory is uncontrolled, crossed by privately owned technologies that ignore borders, overtaken by digital capital, crossed by goods and services exempt from duties and ignored by customs. The people disintegrate, reduced to a shapeless mass of plebs consuming by right and transhumant by coercion, investito da un’immigrazione di massa programmata organizzata convogliata e consegnata; it disappears into force-pumped multiculturalism, in unbridled individualism smoothed and coaxed, in recreational nomadism promoted and financed for lifelong precarious training purposes. National and popular sovereignty abandoned and graciously offered into the hands of indistinct groups whose actors are not even known. The dissolution of state factors has sent the entire democratic edifice to rubble, which is such if all powers derive directly or indirectly from an existing and historically settled people on a territory defined in its borders.
Reality shows governments succeeding one after another, whose formation is disconnected from the popular will expressed by the electoral results; departments operated by the private power of the bank and the European Commission on autopilot. Through mass communication devices, the European Union obsessively proclaims its acquired right to be irreversible, its rules, i treated, the single currency, abrogating not only national sovereignty but the natural right of every people to change and improve their conditions. This vision is deceptive, which presents us with the current organization of power as an unchangeable fact, it is not ours and to it, da patrioti irriducibili, we will not give in.