Recent events around Matteo Salvini, concerning the Palermo prosecutor's appeal after his acquittal on the blockade of the Open Arms ship, uncover deep cracks in European politics. Immigration, the regulation of law and the function of justice are tied together in 1 tight knot.
Leaders specified as Viktor Orbán, Geert Wilders, and Marine Le Pen treat the Salvini case as a symbolic example of abuse of law in political combat, referred to as lawfare. Lawfare is simply a word that combines the words “law” (law) and “warfare” (warfare). It refers to the usage of legal instruments as tools to fight political opponents. alternatively of debating programs, ideas or visions, the attacking organization reaches for courts and regulations to weaken or destruct the opponent from public life. In this view, the judicial attack on Salvini is not due to concern for law or justice, but to the desire to get free of uncomfortable politics.
The Palermo Prosecutor's Office filed a direct appeal to the ultimate Court against Salvini, who was acquitted last year of unlawful detention of migrants aboard an Open Arms ship in 2019. The appeal was filed without a court of appeal – which is simply a uncommon practice. specified a decision immediately sparked the reaction of right-wing communities and Salvini's allies, both in Italy and abroad.
Salvini defends himself, claiming that he acted in accordance with the minister's duties and that his goal was to defend national security. As he said:
“The defence of Italy and its borders is not a crime.”
Prime Minister Giorgia Meloni described the appeal as a "surreal stubbornness" of the prosecutor's office and stood firm on the side of the Deputy Prime Minister. In her opinion, it is not a court, but decisions of a democratically elected government should take precedence over delicate matters specified as the protection of state borders.
Similar voices flow from abroad. Geert Wilders stated:
"Defending your country's borders is not a crime, but a virtue."
Viktor Orbán spoke of the case as an example of utmost politicization of legal institutions:
"It's a leftist farce. Salvini did what any liable leader should do.”
Marine Le Pen added without a doubt:
“The persecution no longer knows any limits.”
For these politicians and their electorates, the Salvini case is not only a legal conflict, but a test of loyalty to the thought of national sovereignty. It turns into an example of a wider phenomenon: offensives of liberal elites to independent right-wing leaders. It is besides part of a larger strategy: creating a transnational support network in which politicians from different countries defend each another in the name of common values – regardless of the legal context.
This kind of solidarity was already seen on the occasion of the conviction of Marine Le Pen for fraud in the European Parliament. At that time, there were besides accusations of the political motive of the court. Similarly, attempts were made to hold the leaders of the Law and Justice in Poland and Fidesz politicians in Hungary responsible. In each of these cases there is simply a akin narrative: right-wing policies become victims of persecution in the name of defending liberal order.
In Italy alone, the Salvini case highlights the increasing tension between government and justice. Meloni does not hide the desire to limit the influence of prosecutors, which in turn triggers an alarm among the defenders of the independency of the judiciary. For 1 side it is simply a essential organization correction – a threat to the foundations of the regulation of law. Meanwhile, Palermo prosecutors defend their decision, indicating that their actions are in accordance with the applicable law and that the appeal is simply a natural part of the legal proceedings.
At the same time, deep ambivalence lies in this full situation. On the 1 hand, there is simply a real hazard of legal institutions being abused for political purposes. On the another hand, giving all effort to take work for the "lawfare" description may lead to a complete undermine of assurance in justice. As a result, the law ceases to be the base of democracy and becomes another battlefield of political battle.
For Salvini, this case is not just a substance of acquittal or confirmation of his decision years ago. It's a test of political resilience and the strength of his camp. As he said:
“I will not back down.”
This is simply a clear signal that its goal is not only to win in court, but besides to consolidate the image of a leader who has not bent against the "system". This communicative can prove highly effective, especially in a society tired of migration crises, distrustful of the elite and open to the message of the betrayal of national interests by the European institutions.
Salvini's case is no longer a single trial. It turns into a political-symbolic duel for the future of Europe: will it be a continent of nations that specify their own safety and interests, or a community based on a single strategy of values and uniform application of the law? The answer to this question will find the direction European democracy will go in the coming years.
