by Paolo Becchi and Giuseppe Palma on Libero, 25/01/2019
It never happens, but if your name is Matteo Salvini it can happen. Every time the Public Prosecutor's Office (the investigating judiciary) requests the dismissal of the case against the suspect, almost always the Court (the judging judiciary) arranges archiving. It is rare for a Court to do its own thing. But if Salvini is involved, which among other things has emptied the trough for many who profit from immigration, then the judiciary feels "duty" to try him. Let's see what can happen now.
The Court of Ministers, competent for ministerial crimes (that is, committed by members of the government in the exercise of their functions), judges only in the preliminary investigation phase (the current ones). After that, once the decision has been made to carry out the trial, the documents from the Court of Ministers pass to the presidency of the chamber to which the minister under investigation belongs, in Salvini's case the Senate. At that point the Committee for authorizations to proceed, made a decision, he will then have to send it to the room for the final vote, which must arrive within two months. If the Senate rejects the request by an absolute majority, the trial will not take place. Otherwise the minister will no longer be tried by the Court of Ministers but by the ordinary one, co- me if it were a common criminal.
Salvini's defensive line is simple, the Minister of the Interior will be able to claim that he acted "for the protection of a constitutionally relevant State interest" or "for the pursuit of a pre-eminent public interest in the exercise of the government function". In practice that wide space of administrative discretion available to any minister of the Republic who, according to the formula of the oath pronounced before the head of state on the day of the inauguration of the government, exercises its functions «in the exclusive interest of the Nation».
DIFFERENT INTERESTS
The problem is not "technical" but political. The state apparatus, in this case a part of the Judicial Order, sometimes they do not respond to the supreme interest of the Nation but to completely different logics, sometimes of political affiliation, sometimes to satisfy unspeakable interests at stake.
However, prosecuting a minister because he tries to safeguard the safety of his citizens is grotesque. The case is in the public domain and concerns the order that Salvini gave in August not to let anyone disembark from the Diciotti ship, full of migrants. Matteo, with that decision, it did nothing but safeguard national security, seeking to pursue an overriding public interest (that of safety precisely) in the exercise of his functions as competent minister in the matter.
If convicted, a very dangerous precedent would be created because, from that moment on, for fear of ending up on trial, any other Interior Minister would no longer give orders like the one given by Salvini. So goodbye to security.
Salvini would do well to avoid a political trial that could even end with a conviction. The best thing to do is that Lega and M5S, together with Forza Italia and Fratelli d'Italia, vote together in the Senate to reject the authorization to proceed. Against a political process, Parliament must respond with a political act. The numbers are there at Palazzo Madama and Italy doesn't need martyrs.
source – https://paolobecchi.wordpress.com/2019/01/25/e-un-processo-politico-il-parlamento-deve-dare-una-risposta-politica/
I totally agree with the article. My fear is instead, that Salvini, immodest and ignorant (not acquaintance) opponents' attacking capabilities, too much is revealed by saying “processatemi pure”. As he has already said, making a dramatic and dangerous underestimation of the opponents who are many, and pushed by other forces, even foreign ones, who have every interest in demolishing the current government.