«I am very happy that it was decided to present the separation of careers which is a historic battle of Forza Italia that we continue to fight and we want to bring home.” In the aftermath of the agreement on the constitutional reform of justice, which also provides for two CSM with officials elected by lot and a High Court to judge magistrates, the deputy prime minister Antonio Tajani highlights the result achieved. From which, he seems to be telling the allies, there is no turning back. The reform “is one of the three points of change that we want to achieve”, concludes the blue secretary.
Also for Maurizio Lupi it is “one of the pillars of the centre-right programme, indispensable for modernizing Italy, to guarantee fairer and faster trials”. The leader of Us moderates adds: «It is right and proper that we finally arrive, after years of debate, at a reform and the separation of careers». And he extends his hand to the magistrates: «Reforms must always be made by involving the interested categories: every corporate and partisan interest must be put aside to give Italy a better system».
But second the ANM is not like that. President Giuseppe Santalucia warned that with this reform “magistrates will inevitably be attracted into the sphere of influence of the executive power”. And by touching the system of checks and balances the independence of the judiciary is put in danger “there is a risk of sinking a system that has made it possible to fight the mafia and eradicate terrorism”.
“It’s a lie,” the Forzista deputy justice minister Francesco Paolo Sisto cuts short. «No one intends to subject the prosecutors, least of all the judge, to the executive power. Article 104 of the Constitution remains untouched” he assures, convinced that everyone’s contribution of ideas is important “but when it comes to Parliament, no one disturbs the judiciary and no one disturbs Parliament”. More forceful Maurizio Gasparri (FI): «If the ANM doesn’t like it, the reform is good».
The reform, however, has yet to reach Palazzo Chigi. It does not appear on the agenda of the pre-council meeting on Monday morning, in view of the Council of Ministers in the afternoon. There is still a provision to be discussed and finalized which, in addition to the separation of careers, provides for two different competitions for judges and prosecutors. The High Court is not yet clearly defined to which erring magistrates would be referred, external to the two CSMs. There is also discussion, but not in this provision, of reforming article 112 of the Charter which provides for mandatory criminal prosecution, introducing discretion (but establishing priorities by law).
Leader IV is skeptical, Matteo Renzi: «Justice reform will never be done with this government. We are also willing to lend a hand if they do it, but when do they do it?
