A sequence of hearings, lots of that are weighty and include vital content material. From the primary president of the Courtroom of Cassation, Margherita Cassanoand by the president of the Nationwide Affiliation of Magistrates, Joseph Santaluciaa transparent rejection arrives to the invoice, below examination by the Constitutional Affairs Committee of the Chamber, which supplies for the separation of careers between the judging and prosecuting magistrates. “It could be damaging to the citizen”, based on Cassano, and “the prosecutors would inevitably find yourself below the management of the federal government”, underlines Santalucia.
For the First President of the Courtroom of Cassation, the separation the truth is already exists: “For the reason that adjustments have been launched, first in 2006 after which in 2022 – she explains – the paths of the general public prosecutor and the decide have moved professionally aside. Over the course of 5 years, the proportion of public prosecutors with prosecution features who’ve moved to judging features is the same as 0.83%, whereas the proportion of judges who’ve moved to prosecution features is 0.21%. In any case, for Cassano, “the ideas of independence and impartiality of the prosecutor are basic”. Due to this fact, if with the reform of Minister Carlo Nordio, “the prosecutor is indifferent from the remainder of the judiciary, there will probably be just one broken occasion, the citizen. The general public prosecutor will probably be fatally attracted in direction of investigative roles, and these are adverse elements. Lastly, it’s stated that that is the case in France and Spain, however it’s forgotten that in these international locations the function of investigation just isn’t carried out by the prosecutor, however by the investigating decide, who enjoys all of the ensures of autonomy and independence correct to the decide”.
Abuse of workplace and embezzlement, additional adjustments from Nordio to keep away from objections from Europe and the Quirinale
by Liana Milella
For Santalucia, the reform of the separation of careers “is a giant step backwards, it doesn’t strengthen the autonomy and independence of both the judging magistracy or the investigating magistracy. Within the CSMs, the investigating magistrates will probably be within the numerical majority: the prosecutor will probably be strengthened to the detriment of the judging magistrates, and this can create an imbalance within the information, with an investigating magistracy that will probably be self-referential”. For the president of the Nationwide Affiliation of Magistrates, “all this can have a fallout: the general public prosecutor is strengthened when one says one needs to strengthen the decide. However on this manner he’s made weaker. And it will likely be essential to rebalance, as a result of it won’t be democratically tolerable. The subsequent step will subsequently be the necessity to introduce controls, and subsequently the investigating magistracy will find yourself, for my part, inevitably, ending up below the management of the federal government”. Moreover, the “drawing tons” for judicial positions, which is a part of the invoice, “within the authorities’s intentions serves to restrict and put an finish to factionalism, however only a few magistrates have benefited from factionalism over time, all of the others have been broken. Now with this technique they’re additionally taking away their proper to vote, so it’s a completely anti-democratic undertaking”.
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– 2024-07-23 19:25:48
