The contested rule

Security decree, high attention of the Colle on incentives for lawyers following voluntary repatriations

Forza Italia group leader Enrico Costa has already announced that he will present an agenda to intervene. The Pd: not enough. Colle-Chigi-Camera triangulation, amendment popped up

by Rome Editorial Staff

 lamio - stock.adobe.com

3' min read

Translated by AI
Versione italiana

3' min read

Translated by AI
Versione italiana

Still under the Quirinale's lens is the rule contained in the Security decree that provides a 615 euro incentive for lawyers who follow a voluntary repatriation file, in the event that their clients choose to return to their countries of origin. The legislative offices of the Colle have taken note of the fact that the same majority has realised that the measure needs to be corrected, but - despite the fact that the decree must be converted on 25 April, under penalty of forfeiture - Sergio Mattarella, according to what has filtered through, is waiting for a solution to the impasse to arrive from Parliament.

F Forza Italia group leader Enrico Costa has already announced that he will present an order of the day to intervene, assuring that 'this rule will not come into force without implementing rules'. The Head of State, however, LaPresse is told, may not sign the decree if the rule on incentives for lawyers is not irrefutably 'sterilised'.

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Colle-Chigi-Camera triangulation, amendment ticked

The government is reportedly working on a range of hypotheses to overcome the impasse with the Quirinale on the security decree. In majority circles there is also reasoning on an amendment to the rule on lawyers and incentives for repatriations, a solution on which the offices of the Minister for Relations with Parliament Ciriani are also working. A solution that would entail the automatic return of the measure to the Senate for a third reading after the green light from Montecitorio. The technical timing, it is reasoned in government circles, would be there with the possibility of voting on the measure with the amendment in question in the House by Thursday and closing the game in the Senate by Saturday 25, the day on which the decree would lapse without the final passage of Parliament. But also on the table would be the possibility of a new decree that would simply repeal the rule contained in the security measure, and the possibility of working through implementing decrees. The executive is in direct and continuous dialogue with the Colle and Montecitorio on this subject. And Alfredo Mantovano should have spoken about these hypotheses in the meeting he had with the Head of State earlier in the day. The situation is in progress and the committee is awaiting the final decisions of the executive to then proceed with a night session.

Pd: odg not enough, amendment needed

 "We are faced with manifestly unconstitutional norms: as such, the only viable solution on the part of the majority is their suppression. It is disrespectful to think you can circumvent the problem with an agenda, postponing everything to future regulations implementing the decree. The patch is worse than the hole'. These were the words of Debora Serracchiani, national justice chief and deputy of the Democratic Party, commenting on the critical issues that have emerged on the security decree, in particular on the provision on lawyers' compensation in proceedings for the repatriation of migrants, which ended up under the Quirinale's lens for possible unconstitutionality profiles.

'Not only does the solution identified not appear sufficient from a legal point of view,' he continues, 'but it risks offloading onto subsequent acts an original flaw that must be corrected immediately.

On the merits, the structure of the rule is also judged to be 'profoundly wrong'. "A mechanism is introduced that links the lawyer's fee to the outcome of the proceedings. This is a serious distortion. And even more worrying," Serracchiani emphasised, "is the idea that lawyers can become the implementer of government policies. Lawyers must remain free and independent, they cannot be transformed into executors of administrative objectives, even less so when these affect fundamental rights such as personal freedom'. Hence the call for a stop: 'What is needed is clear and immediate intervention by Parliament to correct or eliminate the contested rules'.

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