More good news from Italy

[fpb]

The High Council of the Judiciary (Consiglio Superiore della Magistratura, or CSM) is a constitutional organ of the Italian state that has no parallel in Britain and America. Presided by the President of the Republic, it is both the professional body and the high governance court for the whole order of judges, from the lowest to the highest level. It is a body very jealous of its prerogatives and power, and it is at present practically at war with Prime Minister Berlusconi. So there is no suspicion of partiality in favour of the government or of the right.

Today, it passed the final sentence on a judge who has been suspended for three years over his refusal to have a crucifix in his courtroom. Long before the European Court sentence, Judge Luigi Tosti had made an issue of the religious symbol, blocking several trials over his prejudicial refusal to appear in a courtroom with a crucifix. The chairman of his court offered him the use of a room without symbols, which Tosti refused; it became clear that his goal was the removal of all crucifixes from all courts in Italy. In 2006, the Court of Last Appeal (Corte di Cassazione) suspended him for grave and unjustified refusal to perform his duties; today, the CSM has permanently removed him from his office and rank - the ultimate and most devastating sanction in its power.

Of course, the fanatic has declared that he will appeal to the European Court.

Comments

[affablestranger.livejournal.com]

Any notion on how the European Court might deal with the case?

[fpb.livejournal.com]

According to precedent, I'm afraid. But perhaps not. So far, Tosti has stood on his very bizarre idea of Italian constitutional principles, which are no concern of the European Court of Human Rights. If the judges are honest, or if Tosti does not change his ground of complaint (and I can hardly see how he can do it), they ought to recognize that the higher Italian courts are the legitimate forum for complaints about Italian constitutional law. Alas, I do not trust people's intellectual honesty.