President of Magistratura Democratica, Silvia Albano, and President of the National Association of Magistrates (ANM), Giuseppe Santalucia, expressed concerns over a potential clash between the judiciary and the government in Italy. Albano emphasized the need to uphold the supremacy of European law and the Constitution above ordinary legislation, stating that there should be dialogue rather than confrontation between the judiciary and the government to address any legal frictions. She also raised alarm over the personal attacks on judges who are simply carrying out their duties to uphold the law. Santalucia echoed the call for dialogue and cautioned against politicization of the judiciary’s role in upholding the law.
In response to the recent rulings by the Rome Tribunal on the detention of new migrants in Albania, Santalucia stressed the importance of avoiding a divisive polemic that would not benefit anyone. He underlined the judiciary’s commitment to applying the law impartially without engaging in political conflicts. Albano further emphasized the importance of maintaining a respectful dialogue with the government to address any legal discrepancies and explore possible legislative solutions. She highlighted the existing parliamentary regulations that allow for magistrates to be heard, suggesting that greater collaboration could prevent conflicts with the Constitution and EU law.
Minister of Justice, Carlo Nordio, also emphasized the need for dialogue between the government and the judiciary, acknowledging that judges are tasked with enforcing the laws passed by the Parliament. He expressed hope for a constructive engagement between the two branches of government and urged a reduction in criticism of judges over the political merits of legislation once it has been approved. Nordio encouraged a more respectful tone in both politics and judicial decisions to foster a collaborative atmosphere rather than a confrontational one.
Political figures such as Matteo Salvini of the Lega party and Maurizio Gasparri of Forza Italia criticized Albano’s statements, accusing a “few judges” of distorting and sabotaging the law and calling for their resignation. Salvini suggested that such judges should join the political party Rifondazione Comunista, while Gasparri insinuated that Albano should wear glasses to better understand the Constitution before issuing judgments that interfere with the government and Parliament’s authority. These comments reflect the ongoing tension between the judiciary and certain political factions in Italy.
The Secretary of the Democratic Party, Elly Schlein, expressed solidarity with judges who have faced threats and intimidation in relation to their judicial decisions. She condemned the unacceptable climate of institutional attack against judges and reiterated the importance of upholding the rule of law and respecting the judiciary’s independence. Schlein criticized the politicization of judicial decisions and emphasized the crucial role played by judges in upholding the law and implementing rulings from the European Court of Justice. She called for an end to institutional clashes and underscored the need to support judges who are simply carrying out their legal duties.
