A preview of the new Code of Civil Protection prepared by Guido Bertolaso: Berlusconi to power to suspend laws. When it sees fit. And no annoying controls Parliament and judges download the document here
In Italy there is a parallel corpus of legislation. Never approved by Parliament. The objective is to make inapplicable laws, to free from any obligation of the executive action. There are 679 ordinances enacted Civil Defence from 2001 to 2009, signed by Guido Bertolaso: one every five days. Each allows a special commissioner to act "in derogation from the rules." Not just for natural disasters, but also for "big events", to build roads and parking lots, to build neighborhoods, pools, incinerators, landfills. This emergency legislation, which had remained at the limits of legality and often "disruptive actions" by the judiciary, will soon become part of ordinary laws. In the offices of the Department of Civil Protection, as of December 2009, turning a document prepared by the legal adviser of Guido Bertolaso, Ettore Figliolia, Rutelli doc. is a draft legislative decree, a new "Code of Civil Protection, dated December 11, 2009 and registered under number 0076961. According to sources within the department, soon the Council of Ministers will examine the text, modify it if necessary. To make a decree. You just have to wait until the storm passes on Civil Protection spa service company private. Commissioned by decree from Bertolaso. At this time the Senate debated its conversion into law. If all goes smoothly, it's time the Code. A summation of the idea of \u200b\u200b"permanent state of exception" imagined by Guido Bertolaso \u200b\u200band Silvio Berlusconi. Objective of which is the armed wing of Civil Protection, together with the prefects. left has viewed the preview text and makes it available on its website. And is able to explain the disturbing scenario that foreshadows. The new code
amending Act 225 of 1992, which established the Civil Defence. The law provided that in case of "natural disasters" the Council of Ministers could declare a "state of emergency" in a decree. On the basis of this act, the President of the Council could introduce, in consultation with the Head of Civil Protection orders "notwithstanding any provision in force." And give these powers is uncontrolled, a special commissioner. The system of laws, in short, is temporarily suspended in order to ensure early intervention on catastrophic events. Since 2001 the government used these powers far beyond the cases originally planned. By a decree (343/2001) the use of the orders had been extended to so-called "big events" (public meetings, sports events and religious, international summits). The new code yet extend the tasks of action, thanks to a deliberately broad definition of emergency. Civil Defence, if the code is approved, it may act in derogation from the rules, not only in cases of natural disasters or major events. But even for the "health risk." And for unspecified "emergency socio-economic-environmental." What
socio-economic and environmental disaster? There is no definition, how can there be an earthquake or flood. Therefore, an emergency is anything that the Government considers that, at its sole discretion. Even a mobilization of the square? A factory workers? The protest of the No Tav? Or those who do not want the atom in its territory? The only certainty is that the government may act in derogation from the rules when it sees fit. No longer enforce laws, suspend. It can, as happened in landfills in Campania or in the yards of the Magdalene, by putting pieces of land in the military secret. Not by chance that Silvio Berlusconi said recently that "to govern this country I need the powers of civil protection. "
Under the new code, the premier will "enact ordinances aimed at preventing further damage or danger to persons or property," even before an expected emergency occurs. And this, the text continues, "even in interventions abroad," albeit "in coordination with the Ministry of Foreign Affairs. More or less what Guido Bertolaso \u200b\u200bhas done in Haiti, coordinating, to the detriment of my colleague Franco Frattini, humanitarian aid. So far as to create a diplomatic row with the United States. Behind the controversy of Haiti, you can see the business of reconstruction. Very interesting also for the new spa Bertolaso. This was stated by a newspaper, some very knowledgeable to the things of government, as free: "Italy can be complemented with other countries to manage the reconstruction efforts of several tens of billions that course may well be faced by Italian firms."
Who will control these actions? Who will check if the ordinances, enacted to suspend the laws, find their legitimacy in emergency situations? Not the Court of Auditors, the proposed code excludes orders from "the control of legality" normally exercised by the courts accounting (Article 15, Section 9). Not the civil courts: the "special accounts" that finance ordinances' remains suspended any enforcement action and have no effect, however, foreclosures reported (...). Resources are not liable to seizure until final closure of the relevant accounting information '(Article 17 paragraph 1 and 2). Even the regional administrative courts will have their say. Excluding the TAR of Lazio, the only "in all emergency situations has jurisdiction to hear the orders taken and the consequential measures commissarial. And that, according to the text, that is also "for the processes" (Article 18).
The paper finally found a role the prefects, who will be "responsible for coordinating aspects of order and public safety with the Department of Civil Protection, assistance and organizational structure needed to meet natural disasters. " Almost disappear, however, the mayors, to which the regions can give, "if necessary" coordination "of the emergency services." Just this. Not the prevention and disaster forecasting, which would be the main task of civil protection. The logic of the code is that of a centralization of functions in the hands of the Presidency of the Council and to the figures from it directly by name. An extraordinary power which includes the possibility of spending endless.
According to Article 31 of the new code, the Presidency Council is established "the National Civil Protection Fund." But the Fund, as it is without end: "The Treasury is authorized to make on the proposal of Minister for Coordination of Civil Protection, the compensatory changes that may be necessary." Outside the Budget Law. No minister, not even the most powerful, yet can enjoy that privilege. Spending money without even passing by a vote of Parliament.
Among the new "emergencies" that may face civil protection order stands for the 'health risk' competence directly taken from the baby Ministry of Health. A first taste of what the civil protection can in this area you can enjoy re-reading the ordinances relating to avian influenza. And watching the terrible flop of vaccination: 24 million doses, less than 900 thousand doses. On July 31, 2009 Berlusconi, on his proposal Bertolaso, will launch the 3798 ordinance. States that the Ministry of Labour and Welfare may "acquire in terms of the utmost urgency the provision of vaccine, antiviral drugs and personal protective equipment necessary to ensure the vaccination of at least forty percent of the population." All this is thanks to the "powers" granted by another ordinance, enacted six years earlier, 3275 2003. What this has to do with the old order of emergency flu? Nothing, at first glance. The Ordinance of 2003 grants the degrees of usual Bertolaso \u200b\u200bcommissioner "meet emergency needs resulting from the current international situation." It was the era of the "hoax anthrax." Six years after the order is still in force, had no time limit. So those waivers and those powers are still valid. Including the ability to "acquire by private agreement, whether direct award, the availability of the necessary supply of health products." Hence the agreement with Novartis halter: € 184 million thrown to the wind. Violation, by decree laws. Someone insists on calling it democracy.
29 gennaio 2010
da: http://www.avvenimentionline.it/content/view/3322/1/
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