Carlo Nordio speaks at the congress of the National Association of Magistrates and confirms that the government of Giorgia Meloni intends to launch the separation of magistrates’ careers. “It’s in the election manifesto, but it’s definitely a long route because it requires constitutional revision. It will be made in the beginning of the Bordeaux Declaration. It is the same Bordeaux declaration that provides for one clear distinction between public prosecutor and judge. But it itself provides, and for me it is a non-negotiable principle, that the public prosecutor should be absolutely independent from any authority, starting with the executive power. This is a non-negotiable dogma for me,” assured the Minister of Justice. Who then read some of the articles Bordeaux Declaration: “I allow myself to conclude this speech by reading it, because otherwise we could do what Shakespeare called the comedy of errors or the comedy of errors,” said the Keeper of the Seals. To tell the truth, Nordio limited himself to reading some passages of articles 6,7 and 8 of the document prepared in 2009 between the advisory councils of European Judges and Prosecutors. Then he looked up from his notes and said: “The Declaration continues with other articles where it is clearly seen that the functions are distinct.” At that point the audience began to make noise, with various murmurs of dissent, until someone asked the audience to silence. “If words have a meaning, this is the meaning of the Bordeaux Declaration”, commented the minister.
The reason for the murmur is linked to the content of the Declaration which in effect he never explicitly talks about separating the careers of judges and prosecutors. He points it out for example Alessandra Maddalena, vice-president of the ANM. “The minister reminded us of the Bordeaux Declaration to tell us that Europe also wants the separation of careers. Allow me to say that I read that declaration in the exact opposite sense, indeed, he also read us passages of the declaration and in my opinion from there we draw confirmation of the need for the uniqueness of careers, so that independence and autonomy of the judiciary, prosecuting and judging”, says the number two of the robes union. The note is even clearer Rocco Maruottiexponent of AreaDgthe association that brings together progressive figures: “La Bordeaux declaration read by Minister Nordio makes no reference to the separation of careersbut outlines it minimum status of independence of the judiciary“. Maruotti explains that he does not trust Nordio’s reassurances: “He is at pains to repeat that this reform will never lead to the prosecutor being subjected to the executive power. But his reassurances cannot also apply to those who come after him and once the barrier is broken the independence of the prosecuting judiciary will no longer be assured”.
