The Office of the Supreme Court's Massimario has raised criticisms of the security decree, and has done so in a 129-page report. The file points the finger, in particular, at "the emergency decree", "the excessively heterogeneous rules" and "disproportionate sanctions". For the Office of the Supreme Court's Massimario, the decree "reproduces almost to the letter" the content of the corresponding bill that the Chamber of Deputies, "after an extensive discussion in the Assembly, had approved in first reading on 18 September 2024" and then transmitted to the Senate.
There has not been - as stated in the report - "by unanimous judgment of the jurists expressed thus far" any "new fact that can be configured as 'extraordinary cases of necessity and urgency'" between "the discussion in the Chambers of the security bill and the choice to transform it into a decree law with the same content". The choice to remove the text from the ordinary legislative procedure and transfer it into a decree law would produce, for the Court of Cassation, "a series of consequences: 'the acceleration of the times of discussion, the consequent contraction of the possibility of making amendments, which will always be pro futuro, the overall compression of the full deployment of those times and methods of debate, examination and voting that should characterize the legislative function, in particular in matters covered by reserve of law, such as rights of freedom and criminal matters". Added to this is "the extreme heterogeneity of the contents of this text".
As for the provisions that «determine the sanctioning treatment, since they are intended to affect the personal freedom of their recipients, they must be considered susceptible to control» by the Court for «any defects of manifest unreasonableness or violation of the principle of proportionality, having to avoid the risk of imposing “a sanction not proportionate to the actual gravity of the fact”».
The Minister of Justice Carlo Nordio expressed his opinion on the Supreme Court's opinion, saying he was "incredulous" regarding "the widespread press reports". "I have instructed the Cabinet Office of the ministry to acquire the report from the Massimario office and to know the ordinary regime of disclosure", concluded the minister.
(Online Union)
