https://orcid.org/0009-0009-9881-7118
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ABSTRACT
The rule of law is considered a foundational value of the EU, yet its validity and implementation remain heavily contested. The article investigates the Europeanisation of rule of law conflicts related to the independence of the Judiciary in Italy and France. Through a claims-making analysis of a representative sample of French and Italian legacy media and Facebook news coverage, the selective salience of the 2018–2023 conflicts over the independence of the judiciary in Poland and Hungary in relation to the application of EU sanctioning mechanisms can be established. Journalists reaffirm their traditional role as guardians of democracy, focusing on monitoring rule of law compliance and detecting violations. However, judicial independence remains primarily a domestic issue, with limited Europeanisation. Public contestation of the EU’s rule of law conflicts with Poland and Hungary is driven primarily by the populist right, not by centre and left parties or the French and Italian governments. There is thus a tendency to instrumentalise EU rule of law conflicts in order to reclaim sovereignty at the expense of debates on democratic control and the protection of the independence of the judiciary.
Disclosure statement
No potential conflict of interest was reported by the author(s).
Notes
1. ‘Mani Pulite’ (Clean Hands) was a comprehensive judicial investigation initiated in Milan in the early 1990s, targeting endemic political corruption in Italy. This inquiry unveiled ‘Tangentopoli’ (from ‘tangente’, meaning bribe in Italian, and ‘polis’, suggesting a city in ancient Greek), exposing an extensive network of patronage and bribery (Guarnieri Citation2003). The operation led to the indictment of thousands of political leaders who had been in power since the end of World War II, beginning with Mario Chiesa, a member of the Socialist Party (Woodhouse Citation2022). More than merely a judicial process, Mani Pulite has been termed a ‘judicial revolution, representing the deepest institutional crisis encountered by Italy’ (Boucobza Citation2003). It dramatically reshaped the Italian political and judicial landscapes, led to the collapse of numerous longstanding political parties, and sparked a period of significant political 2016 reform and transformation (Della Porta and Vannucci Citation2007). The investigation received extensive media coverage, and magistrates like Antonio Di Pietro, Gherardo Colombo, and Piercamillo Davigo became celebrated as public heroes (Hogic Citation2022; Vannucci Citation2016).
2. The Palamara case represents a significant judicial scandal that implicated members of the HCJ and the Democratic Party in alleged corrupt practices affecting prosecutor appointments. It also sparked many controversies due to what is considered ‘excessive invasiveness’ of wiretaps. The illicit monitoring of a former judge’s communications sparked debates on legal ethics and judicial overreach.
3. The most influential and prolific actor on Italian Facebook is the account of the newspaper: ilFattoQuotidiano. This fact underscores the significance of selecting this particular newspaper for examination.
4. Refer to Appendix, for details.
5. Refer to Appendix, for details.
6. Refer to Appendix, for details.
7. The high salience of domestic IoJ conflicts in Il Fatto Quotidiano, can be explained by the editorial line of the newspaper. Prominent journalists and editors at il Fatto Quotidiano have also authored several books and essays on national judicial affairs, documenting significant cases such as the ‘Mani Pulite’ (Barbacetto, Gomez, and Travaglio Citation2012), legal proceedings involving Silvio Berlusconi (Veltri and Travaglio Citation2001), and the ‘Mafia Capitale’ investigation into Rome’s criminal networks (Abbate and Lillo Citation2015). This background provides a context for understanding the newspaper’s distinctive editorial perspective.
8. Génération Frexit, FB Post 1/12/2020, French social mouvement.
9. Jérôme Rivière, FB Post 10/12/2021, French member of the European Parliament and member of the Rassemblement National (National Rally) party.
10. Jean Paul Garraud, FB Post 11/12/2021, French member of the European Parliament and member of the Rassemblement National (National Rally) party.
11. deputatopaglia, FB Post, 16/11/2020, Italian MP Sinistra Italiana.
12. nicola.danti, FB Post, 27/10/2021, Italian Member of the European Parliament and representative of the Italia Viva party.
13. Such statements that fundamentally question the IoJ do not make up more than 2% (Liberation) in all newspapers.
14. It is important to note that the concept of ‘oversight’ in different countries can have distinct nuances based on their respective political and judicial histories and systems. In Italy, concerns have been raised over the years about the influence of political parties on the judiciary, even if there isn’t a direct control mechanism as might be found in other countries. In France, the term ‘judicial oversight’ alludes to the potential influence exerted by the executive branch on the judiciary.
15. In 2018 Salvini, then Italy’s Interior Minister, detained 177 migrants on the Italian Coast Guard vessel, Diciotti, off the coast of Catania, holding them onboard for several days. This action sparked significant controversy, culminating in an investigation in which he was charged with kidnapping and abuse of office.
16. The ‘affaire des fadettes’ refers to a sensitive judicial inquiry in France, concerning the purported unauthorized access and scrutiny of telephone billing records (‘fadettes’) by judicial officials, implicating the Minister of Justice, Eric Du Pont Moretti.
17. Originating in 2013, this scandal came to light when judges ordered wiretaps on conversations between Sarkozy and his lawyer, Thierry Herzog, as part of an investigation into the funding of Sarkozy’s 2007 presidential campaign. These wiretaps uncovered that Sarkozy and Herzog were plotting to secure confidential information about another case involving Sarkozy, using magistrate Gilbert Azibert as a conduit. Allegedly, in return, Azibert was promised a coveted position in Monaco. Subsequent to these revelations, Sarkozy, Herzog, and Azibert faced charges of corruption and influence peddling, casting shadows over the integrity of the French judiciary and political landscape, especially given the involvement of a former president.
18. It refers to the scandal involving Alexandre Benalla, a former security aide to President Emmanuel Macron, who was caught on video assaulting protesters during a 2018 May Day demonstration in Paris. Critics questioned the delayed legal response, suggesting that Benalla might have initially been shielded due to his close ties to the presidency.
19. Céline Parisot, President of Union syndicale des magistrats in Affaire Sarkozy : les révélations qui plongent le parquet financier dans la tourmente, Le Figaro, 25/06/2020.
20. Alain Duhamel, French Journalist in Le triomphe du troisième pouvoir, Libération, 25/09/2019.
21. David Erimi, Former Vice President of the Italian HCJ, in AdnKronos Fb post, 05/06/2019.
22. Cesaresacchetti, Fb post, Italian blogger, 04/06/2019.
23. maurizio.belpietro.official Fb post, Italian Journalist, 28/05/2020.
24. The most frequent actor speaking in the 100 most influential posts analysed, in France is the renowned association Anticor, a citizens’ association against corruption and advocating for ethics in politics.
25. Throughout his terms as Prime Minister, Berlusconi faced numerous allegations and legal trials on a variety of issues, many of which reignited discussions about the independence of the judiciary in Italy. Given Berlusconi’s controversial history with the judiciary, his candidacy for the President of the Republic who presides also the Superior Council of Judiciary resurrected concerns and debates regarding the independence and impartiality of Italy’s judicial system. Playing on words with ‘guarantor of the constitution’ Berlusconi has been called ‘guarantor of prostitution’ in reference to notorious sexual scandals (Marco Travaglio, Italian Journalist, Fb post, 1/12/2021).