“L’National Association of Magistrates he forcefully asks that jurisdiction is respected as the exercise of a completely autonomous and independent function. The judiciary cannot be expected to take decisions inspired by the need for collaboration with the government of the day. If it acted by taking on board the expectations of politics, the judiciary would betray its constitutional mandate.” Thus the central executive council of the National Magistrates Association in a note. “The magistrates express well-founded concern when ridicule takes the place of criticism and the dissent of the highest exponents of the government is entrusted to accusations of ideological prejudice, of abnormality or of overflowing into the sphere reserved for politics”, continues the ANM.
For the central executive council of the National Magistrates Association “it is surprising that this elementary democratic evidence must be reaffirmed to respond to the bitter and instrumental controversies that were unleashed in the aftermath of the orders with which the specialized section of the Rome court did not validate the detention of some asylum seekers located in the center located in Albania. The judicial measures can certainly be criticized. The Italian magistrates are not closed to even severe but respectful criticism of their role”.
The ANM also spoke of “manifestations of declared intolerance towards a function that responds only to the law and in some matters, such as immigration, primarily to supranational and European law in particular. The hope – concludes the note – is that everyone becomes aware that the first interest of the entire community is to safeguard the credibility of its institutions. The recurring accusations of politicization to the detriment of those magistrates who make decisions that are unwelcome to politics offend, even before the magistrates and the judiciary, the country and. its democratic structure”.
And all the members of the CSM of the Area, Democratic Judiciary and Unicost currents and the independents Fountain and Mirendabut not those of independent judiciary, they filed the request Of opening of a practice to protect the independence and autonomy of magistrates, following the recent orders of the judges of the immigration section of the Rome court on migrants in the detention center for repatriation in Albania.
“Criticism of judicial decisions cannot go beyond the due respect for the judiciary”, we read in the document, which cites “the statements of recent hours by important representatives of the institutions” which “fuel an unjustified discredit towards the judiciary” . There are 16 signatures on the petition, the majority of the Council.
The secular members Ernesto Carbone (with Italia Viva share), Michele Papa (with M5s share) and Roberto Romboli (with Pd share) also joined the petition.
“Following some recent ordinances adopted by the court of Rome on the subject of international protection – we read in the request addressed to the presidential committee of the CSM – numerous declarations have been made by important national political leaders who have harshly attacked the magistrates. The criticism of judicial decisions cannot go beyond the due respect for the judiciary: applying and interpreting the laws of national and supranational sources in individual cases does not mean dealing with migratory or other policies – on which no evaluation is expressed merit – are based on the decisions of the European Court of Justice, binding on national judges, and on the information prepared by the Ministry of Foreign Affairs and International Cooperation itself. The orders of the Court of Rome, if not shared, can be challenged before the Court of Cassation, as also happened in a similar case a few months ago and referring to the bail provided for by the so-called Cutro decree. Even on that occasion there were significant controversies over some measures issued by the judges of first instance, but the appeals were subsequently abandoned, with the consolidation of the decisions adopted. The declarations of these hours by important representatives of the institutions fuel an unjustified discredit towards the judiciary, so much so as to require the opening of a case to protect its independence and autonomy”.
Council of Europe: ‘Undue criticism of judges on migrants’
The Council of Europe’s Commission against Racism and Intolerance (ECRI), in its report on Italy, denounced “undue criticism that aims to undermine the authority of individual judges deciding on migration cases” among the examples of negatives concerning the public and political discourse which “promotes a culture of the exclusion of migrants rather than their inclusion”. According to the Council of Europe body, such criticisms “undermine the independence of the judiciary that deals with these cases”, which must instead be “respected, protected and promoted”.
