Antimanicomial policy of the Judiciary and the suspension of Normative Acts by the National Congress: tensions and convergences in the argumentation between branches

Abstract

Resolution n. 487 of 2023 by the National Council of Justice established the Antimanicomial Policy of the Judiciary. However, this resolution sparked controversies, resonating primarily within the Legislative Branch, resulting in the introduction of Legislative Decree Project n. 81/2023, which aims to suspend its effects. This study aimed to compare the arguments presented by the Executive, Legislative, and Judicial Branches regarding the constitutionality of legislative decrees intended to suspend resolutions of the National Council of Justice, specifically focusing on Legislative Decree Project n. 81/2023. The methodology used in this research was deductive, qualitative, using document analysis and bibliographic review techniques. A significant convergence in argumentation was observed between the Executive and Judicial Branches, both of which supported the National Council of Justice's resolution. However, within the Legislative Branch, while minority opinions aligned with the other branches, the only official stance articulated within the Chamber of Deputies was divergent. The Constitution, Justice and Citizenship Committee of the Chamber of Deputies regarded the National Council of Justice's resolution as unconstitutional, alleging an encroachment on the legislative competence of the National Congress. Similarly, it was observed that the Presidency of the Chamber of Deputies allowed the regular processing of the Legislative Decree Project n. 81/2023, indicating a lack of evident unconstitutionality, particularly differing from the standpoint of the Judicial Branch. In this case, institutional dialogues did not contribute to the realization of fundamental rights.