Justice reform, separate careers for magistrates: the government wants the bill before the vote

Separate careers for magistrates, with two different competitions to become a judge or prosecutor. Two distinct CSMs to be evaluated, both chaired by the President of the Republic, but with the officials chosen by draw. Plus a High Court external to the CSM to sanction those who made mistakes.

The political green light for the constitutional reform of the Justice system now exists. Gathered at Palazzo Chigi, in a summit chaired by Prime Minister Giorgia Meloni, the Undersecretary of State, Alfredo Mantovano, the Minister of Justice Carlo Nordio, the Deputy Minister Francesco Paolo Sisto, the Undersecretaries Andrea Delmastro and Andrea Ostellari, the president of the Senate Justice Commission , Giulia Bongiorno and her counterpart in the Chamber, Ciro Maschio and justice officials from across the centre-right, have given the OK to a constitutional bill that changes the face of our judicial system.

Was a mostly technical discussion, to which the prime minister gave the political seal. The measure is the government’s intention must be presented before the European elections in June. So as to be able to claim within and outside the majority that they have completed the commitment to definitively separate the careers of judges from those of prosecutors (currently only one transition between the two functions is allowed).

The constitutional bill does not yet have a textnot even in draft, but it is already alarming the ANM which hopes for a technical meeting with Minister Nordio before it becomes law and materializes the “fears of a total upheaval of the constitutional structure”, since, “seen as a whole, the reforms are worrying”. The European Association of Judges also fears a “serious attack on the independence of the judiciary”since it undermines “the current balance of existing powers”, in contrast “with European standards”.

But what are the new features of a provision already discussed in various meetings such as yesterday’s in which, according to those who were there, there was no mention of either the officials of the CSM appointed by the government, nor the abolition of mandatory criminal prosecution?

First of all the High Court. It will no longer be the internal disciplinary section of the CSM that will evaluate erring magistrates and sanction them, but an external body. We revive the hypothesis outlined during the Bicameral by the “Boato draft” in which nine judges took disciplinary measures against magistrates and were also the body of appeal against administrative measures taken against them. In that draft, later set aside, however, the nine judges were chosen within the CSM. In this case, however, we are talking about judges external to the self-governing body of the judiciary, presided over by the head of state. It is therefore not yet clear whether their judgment will be totally independent of that of the President of the Republic or not.

Also new is the indication of the draw to choose the CSM officials. In the Justice Committee of the Senate there was talk of a moderate draw, i.e. following the election of the representatives of the magistrates, because it was not possible to go further due to the limits imposed by the Constitution. But given that the bill is amending it, we are now starting to talk about a dry draw between candidates.

The Democratic Party is not against the High Court. The Democratic vice president of the Senate, Anna Rossomando highlights: «We don’t know what the content of the proposal is but we suggest taking a look at the one we have filed which addresses the topic seriously. It would be worth discussing this instead of using justice to seal agreements within the majority.”

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May 3, 2024 (modified May 3, 2024 | 10:54 pm)

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