This is another installment in the new column curated by Giulia Muratori, secretary of Libera San Marino.
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In recent days, in Italy, Prime Minister Giorgia Meloni described as “shameful” a judge’s decision not to validate a detention order. I don’t want to go into the specifics of that judicial case. But when a decision displeases political power, it is important to distinguish between the legitimate right to criticize it and the risk of delegitimizing those who made it.
Justice must not side with those who govern. It must apply the law.
This is the meaning of the separation of powers: those who govern cannot also decide how courts should judge. And those who administer justice must respect the competences that belong to democratically elected institutions.
No one should be able to concentrate unlimited power in their own hands.
This may seem like an issue far removed from everyday life, but it is not.
Think of a worker seeking to defend their rights, a family challenging a decision by public administration, a person unjustly accused.
Independent justice does not exist to protect magistrates from political power. It exists to protect citizens from abuses of power.
Of course, judges are not infallible. Their decisions can be criticized and appealed, and the judiciary itself must answer to principles of impartiality, competence and accountability. Independence does not mean being above the rules.
But there is a profound difference between demanding better justice and demanding a justice system that caters to political expectations.
Here in San Marino, this principle should be especially close to our hearts.
Our Declaration of Rights, Article 3, guarantees the independence of judicial bodies and requires institutions to respect each other’s respective competences.
In a small Republic, where personal, economic and political relationships inevitably intertwine, these guarantees are even more precious.
Institutions must be stronger than personal relationships and the interests of those who hold power.
Defending the independence of the judiciary does not mean considering our judicial system immune to criticism. The credibility of justice is also built through institutions’ ability to acknowledge mistakes, engage with the observations of international bodies, and intervene, when necessary, to strengthen citizens’ guarantees.
Respect for institutions is not demonstrated by denying problems, but by addressing them with seriousness, transparency and a sense of responsibility.
The same principle applies when we look beyond our borders.
I think of the European Court of Human Rights, within the Council of Europe system, and other international courts to which states have chosen to grant certain competences.
These are institutions that, within their respective spheres, can guarantee respect for the commitments states have made and the protection of rights, even when this means contradicting a government’s choices.
For San Marino, which has built its credibility on international law and multilateralism, their role is particularly important.
This does not mean these institutions cannot be criticized. It means recognizing that common rules must apply even when their consequences displease us.
Today, in various parts of the world, we are witnessing growing impatience with the limits of political power. From Trump’s America to certain European experiences, we see how dangerous the idea can be that winning elections means being able to decide everything.
But democracy is not merely the majority’s right to govern. It is also respect for minorities, individual freedoms and independent institutions.
For those who identify with the values of the democratic left, defending these principles is an inescapable responsibility.
Freedom cannot belong only to those with greater strength, broader consensus or more influence. It must belong to everyone, especially to those who lack the means to defend themselves.
And this holds true for us as well, who today exercise majority responsibility.
We cannot defend the independence of justice only when a decision happens to agree with us.
The rule of law is not an obstacle to democracy. It is what prevents those who have won elections from exercising unlimited power.
We don’t know whether one day we will need to defend ourselves against an injustice or against someone more powerful than us. But we must be able to know that there are institutions capable of protecting us without asking anyone’s permission.
The strength of a democracy is measured not only by how much power those who govern manage to exercise, but by how willing they are to respect its limits.
