The CDM gives the green light to the separation of magistrates’ careers: what the reform provides

Minister Nordio assures: "The PM remains independent" but the National Association of Magistrates, against the reform, calls an urgent meeting

ROME – The Council of Ministers has approved the constitutional bill to reform the judicial system, which provides for the separation of careers, the double CSM and the High Court of disciplinary justice.

THE REFORM DOUBLES THE CSM, NORDIO: DRAW FOR OFFICERS AND LAYERS

The justice reform provides for two self-governing bodies of the judiciary, one for judges and one for prosecutors. In both cases, they will be chaired by the President of the Republic and the first President and the Attorney General of the Court of Cassation are members by right.
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 judiciary and in the prosecuting one will be chosen by drawing lots”, explains the Keeper of the Seals Carlo Nordio in the 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 the 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 designated by drawing lots hold 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.

ANM EMERGENCY CALL OF THE COUNCIL ON THE CONSTITUTIONAL DDL< /h3>

The National Association of Magistrates, against the reform, has “urgently” convened the central executive council of the ANM to make “assessments” and decide on “initiatives” in this regard. At the press conference, Minister Nordio commented on the decision of the National Association of Magistrates: “Criticism is the salt of democracy”. On the part of the ANM “we accept contributions and suggestions”, but “they too must accept that the will of the people is sacred and is expressed. through elections. If we are given the mandate to separate careers, we obey the sovereignty that belongs to the people according to what is written in the Constitution”, he explained.

NORDIO: WITH REFORM THEY INTERROMPIANO DEGENERAZIONE CORRENTIZIA CSM

“The second point of the reform is the composition and election of the Superior Council of the Judiciary. This self-governing body of the judiciary, in recent years – not only according to me or other exponents of the majority, but of many magistrates and a large part of public opinion – has not given a good account of himself, and scandals such as those of Palamara or others have excited the various protests”. Faced with this, however, “the remedies for what everyone unanimously called current degeneration have not been provided”, explained Nordio. “Breaking this link” which “has led to a whole series of anomalies has been our main task, and this through the drawing of lots which does not take place between passers-by in the street who are inexperienced in law but between extremely qualified people”, added the Keeper of the Seals.< /p>

NORDIO: THE PM REMAINS INDEPENDENT, HAS THE SAME GUARANTEES AS JUDGES< /strong>

“The judiciary constitutes an autonomous and independent order from any other power, and is composed of the judiciary career judiciary and that of the prosecuting career. The judiciary is unique, but there is, as Benedetto Croce would say, a unity in diversity or a difference in unity. They are two separate functions but both are autonomous and independent”, specified Nordio, who underlined how “we have also given constitutional relevance to the fact that the prosecuting judiciary is, must be and will remain independent from any interference from the executive power, from any pressure from other bodies, enjoys and will enjoy the same guarantees of independence as the judging judiciary”.