Vatican City, 17 June 2014 (VIS) –
This morning Pope Francis received in audience the members of the
High Council for the Italian Magistrature, to whom he expressed his
esteem for their work which “aims at the good functioning of a
sector that is vital for social coexistence”. He also apologised
for not having received them yesterday as scheduled, explaining that
“in the mid-morning I felt unwell and had a fever, so I had to
cancel all my appointments. I am sorry for this”.
The ethical aspect of the work of
magistrates was the first point in his brief address, and highlighted
that as in all countries, there are legal norms intended to protect
their freedom and independence to carry out their important and
delicate task with all the necessary guarantees … responding
adequately to the role that society has conferred upon them and
maintaining an irrefutable impartiality”.
The independence of the magistrate and
his aim, justice, “require a careful and punctual application of
the law”, he continued. “The certainty of the law and the balance
of the various powers in a democratic society are summarised in the
principle of legality, over which the magistrate presides. The judge
is responsible for decisions that affect not only the rights and
property of citizens, but which have consequences for their very
existence”.
The Pope listed some of the
intellectual, psychological and moral qualities that all
representatives of the magistrature must possess, and which offer a
guarantee of reliability, giving special emphasis to prudence, which
“is not a virtue because it means staying put: 'I'm careful, I
don't move', no! It is a virtue of governance, a virtue for moving
ahead”, a virtue that enables one “to weigh with serenity the
reason of law and fact that must be at the base of any judgement. One
is more prudent when one has a heightened inner equilibrium, and is
able to control the impulses of one's own character, one's own
personal views, one's own ideological standpoints”.
“Italian society expects much of the
magistrature”, he remarked, “especially in the current context
characterised by the progressive erosion of our heritage of values
and the evolution of democratic structures”. He urged the
magistrates not to let down the legitimate expectations of the
people, and always to make efforts to be “an example of moral
integrity for all of society”.
Finally, he recalled some illustrious
magistrates, such as Vittorio Bachelet, who led the High Council of
the Magistrature through times of great difficulty, and who fell
victim to terrorism during the “years of lead”, the period of
social and political unrest in Italy between the 1960s and 1980s, and
Rosario Livatino, killed by the Mafia, whose cause for beatification
has been opened. “They offered exemplary witness to the style
typical of the faithful lay Christian: loyal to institutions, open to
dialogue, and firm and courageous in their defence of justice and the
dignity of the human person”.
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