Separation of careers and double CSM, this is what the justice reform provides
For Meloni this is a "historic" reform. The ANM expresses concern, but Nordio continues: "The will of the people must be respected"
ROME – Separation of the careers of judges and prosecutors. Two CSM, with members chosen only by drawing lots. And the establishment of the High Disciplinary Court. These are the innovations envisaged by the Justice reform developed by the Keeper of the Seals Carlo Nordio and approved today by the Council of Ministers. Prime Minister Giorgia Meloni spoke of a “just, necessary and historic reform”, while the National Association of Magistrates expressed concern. Nordio’s reply: “The criticisms are the salt of democracy. We accept contributions and suggestions”, but “they too must accept that the popular will is sacred”. The constitutional bill will now go to Parliament.
SEPARATION OF CAREERS
With the separation of careers, said Prime Minister Giorgia Meloni, “finally the path of those who are called to judge citizens differs from that of those who have the task of making accusations and thus making the relationship between defense and prosecution during the trial”. Nordio guaranteed that “the prosecuting judiciary is, must be and will remain independent from any interference by the executive power, from any pressure from other bodies, enjoys and will enjoy the same guarantees of independence as the judging judiciary”.< /p>
DOUBLE CSM AND DRAW FOR ALL MEMBERS
The reform provides for two self-governing bodies of the judiciary, one for judges and one for prosecutors. In both cases the President of the Republic will preside over them and they are part of it by right, respectively , the first President and the Attorney General of the Court of Cassation. But not only that: among the innovations envisaged by the constitutional bill there is the fact that “both the officials and the lay people who will sit in the Superior Council of the judging and prosecuting judiciary will be chosen by drawing lots”, he explains the Keeper of the Seals Carlo Nordio at a press conference. The lay members will be drawn from a list of ordinary university professors in legal subjects and lawyers after fifteen years of practice, which the Parliament in joint session, within six months of taking office, compiles by election, for two thirds, respectively, among the judging magistrates and prosecuting magistrates, in the number and according to the procedures established by law. Furthermore, each Council elects its own vice-president from among the members drawn from the list compiled by Parliament. Members appointed by drawing lots remain in office for four years and cannot participate in the subsequent drawing procedure. While they are in office, they cannot be registered in professional registers, nor be part of Parliament or a regional council.
HIGH DISCIPLINARY COURT
The High Court is a body external to the CSM, made up of fifteen judges: three appointed by the head of state from among university professors in legal matters and lawyers with twenty years of practice; three, with the same requirements, drawn by lot from a list drawn up by Parliament; nine magistrates including six judges and three public prosecutors drawn by lot from among those who have at least twenty years of judicial service.
“He will have the task of expressing his opinion on the offenses of magistrates, taking this activity away from the CSM in order to overcome the criticality recorded so far of a system also here conditioned by current accountism and which therefore tends to never sanction not even the biggest violations”, said Meloni.
MANTOVANO: NOT BLINDATO TEXT, NOT CERTAIN REFERENDUM
“If adherence to the substance proposed by the government prevails and if there is a discussion on the merits
in Parliament, on a text that is not locked down but open to Parliament’s contribution, it is not so certain, at least not 100% certain, that we will get to the referendum. Let’s take one step at a time”, said the undersecretary to the Presidency of the Council, Alfredo Mantovano. “Since this is a constitutional reform, the times will not be very quick, with the hope that they will not be delayed”, added Mantovano.