ROME - Another one? Yes, another. And for this time? But Cesare Geronzi, the chairman of Mediobanca in court because of the hindrances crac Parmalat and Cirio. The factory permanent laws ad personam, with the brand loyalty of the Berlusconi government, produces another, tucked into the folds of the law converting the Alitalia decree. Not if nobody notices, the opposition of course, when the Senate passed on October 2. Yet, as you write the magistrates in the mailing list, it is of an "atomic bomb" intended to blow up not only to repeat the old process for fraudulent bankruptcy, but to block future. With a simple, true and poorly written, Article 7a amending the Marzano law on bailouts of big business and that the bankruptcy law of 1942. The amendment says that to be prosecuted for a bad business management requires that the company is in bankruptcy. If it is headed by a commissioner, and perhaps it is also fine as in the case of Parmalat, no prosecution will put on trial those who caused the crisis. Up to now the state of insolvency was treated and controlled administration to fail in the future if the law were to pass as it left the Senate, will no longer be so. The bad manager, against which all thunder, will be saved if the firm will not definitively failed. Farewell to the processes Parmalat and Cirio. Tanzi and Cragnotti rescued. Safe-conduct for the former president of Capitalia Geronzi. Clean slate for minor scandals such as Giacomelli, the Eldo's Postalmarket. All thanks to Alitalia and the Ordinance of 28 August did it on purpose to avoid bankruptcy. Signed by Berlusconi, Tremonti, Scajola, Sacconi, Matteoli. Amended by the two speakers in the Senate, both of PDL, and Cicolani Pearson. Ready to be discussed and approved by the House on Tuesday that the opposition without a shot fly.
But then you notice a journalist. Milena Gabanelli is the author of the report, the transmission investigations of the Sunday night broadcast on RAI-3. Work on Alitalia, reconstructs ten months of negotiations, interview with Giovanna Boursier Commissioner Augusto Fantozzi, asked him if he managed to secure "full indemnification" safe passage to any judicial investigations. He says sure: "No, I have no indemnity." But that 7a shows the opposite. Report listens authoritative judges specializing in financial investigations. Like Joseph Cascini, secretary ANM pm and Roman cases Ricucci, Coppola, BNL. His opinion is no escape. Here it is: "If the rule is approved will not be prosecuted for crimes committed by all previous bankruptcy administrator for Alitalia, but even those made by other managers of companies for which there was the declaration of insolvency is not followed by failure. "Cascini cites cases:" For the Cirio and Parmalat's collapse was the declaration of insolvency, but without bankruptcy. The result is the removal of bankruptcy crimes committed by Tanzi, Cagnotti, from the perpetrators. "It is not enough." It should be pronounced sentence of acquittal because the fact is no longer required by law as an offense to all defendants, including representatives of banks. "We arrived in Geronzi. Gabanelli the calls in Cascina," But the rule also applies to him? ".'s answer was incisive:" Obviously yes. "s'allarmano The robes, fears circulate through the mailing-list. As in that of civil law, Civil-net, where Pasquale Liccardo writes: "I read the new Marzano. I await news on the new state of criminality that will impact not only on processes but also on the future in progress." No doubt the general scope of the standard. Certainly not the only concern for Alitalia, but all businesses. Let's look at this 7a so titled "Applicability of penal provisions of the bankruptcy law." States: "The declarations of insolvency will be equated with bankruptcy intervenes only where a conversion of the extraordinary administration in bankruptcy, current or complete, or in the event of proven forgery of documents used to base admission procedure. The writing is bad, but a clear goal: to date, managers of large firms came under bankruptcy process from the mere declaration of insolvency. However, if the switch 7a, the prosecution will suspended until a future, and quite uncertain, final failure. Commenting on the robes, "A moratorium indefinitely, a new clean slate, a coat of white paint on the responsibilities of great managers whose firms have been saved only by the public purse ". With a blatant absurdity, like Parmalat. will stop just because the commissioner Bondi avoid bankruptcy. But what saves it is constitutional Geronzi remains to be seen. The experts already see violated the principle of equality and that of reasonableness. The first because the rule determine a clear difference in treatment between the poor bastards who do not have access to Marzano, fail, and end up on trial, and the great directors. The second because the prosecution only depends on the ability of the Commissioner to manage the company in crisis. If the save, save also the former administrator, if that fails, part of the process. We'll see if Berlusconi will go on defying even the Consulta.
Liana Milella (from the Republic )
