Carlo Federico Grosso
La Stampa today.
Today the Council of Ministers should launch the constitutional reform of justice: A reform "era," has called a few days ago the Prime Minister. If
Parliament, parliamentary procedure and closure of the long expected, would really approve it, the Italian justice system is not in fact the same. Skin change, carat, weight, punch and color. It would be a justice entirely different from what we know.
The main points of reform should be, according to rumors, the separation of careers, split in two of the CSM, the establishment of a "high court of justice intended to handle the discipline of judges, a different level of independence depending on whether judges or prosecutors.
's list continues with the limitation of mandatory prosecution (which would become exercisable "in accordance with priorities established by an Act" passed by Parliament each year), independent from the police prosecutor, the introduction of civil liability of judges who make mistakes.
Well, in This comprehensive set of innovations would lead to a profound alteration of the relationship that exists today between the state powers. The idea of \u200b\u200ba liberal judiciary is intended to independently exercise judicial review on the activity of citizens, subject only to compliance with the law, would give up the idea of \u200b\u200bconditioning the judiciary from political power, and in particular the executive . This would generate so traumatic, and severely limited the prerogatives of the court, that "balance" of powers that has long been cherished by a large sector of our political class.
Above all, a reform so configured might have a strong impact on the autonomy of delle Procure della Repubblica e, pertanto, sull'esercizio dell'azione penale da parte dell'ordine giudiziario.
Pensate: il pubblico ministero, secondo quanto si prefigurerebbe, non farebbe più parte di un «ordine autonomo ed indipendente da ogni altro potere dello Stato», ma costituirebbe, più semplicemente, un «ufficio» al quale la legge «assicura l'indipendenza»; esso non sarebbe più il protagonista delle indagini, ma dovrebbe sottostare alle iniziative ed alle valutazioni di una polizia giudiziaria resa autonoma dal suo ufficio e gerarchicamente dipendente dal governo; esso non sarebbe più libero di scegliere le priorità nelle indagini penali, ma dovrebbe comunque sottostare alle priorità dictated by the Parliament.
Consider, moreover, would undergo a profound change in the principle of independence of the judiciary, considered a key reason for the rule of law. Today, the principle of independence of the judiciary shall be delivered in a manner fully in the Constitution, which states that "the judiciary is an autonomous and independent from any other power," and provides, in defense of this practice statement, a strong and authoritative CSM, chaired by the Head of State. Tomorrow, if the reform initiated by the government were to be approved, it weakens the general principle of independence (recognizing the function of state power independent from the other powers only to the judiciary) and, above all, it would undermine the defense of the independence of the judiciary consists of the actual system of self-government of the judiciary.
Split, split, means already weakening. Descriptive treats, however, not only split the CSM, but also to deprive him of his powers the most noble and impact, through which it has been over the years as a tool for effective protection of individual judges and judiciary as a whole and be authoritative voice of the judiciary, reducing it, in fact, a mere bureaucratic institution for the management of transfers and promotions of judges. Really a useful initiative for the country? There is a further
profile, plan on anything, concern. It is expected that the two CSM are modified in their composition, with an increase in political appointment of lay members, is expected to establish a "high court of justice majority also" lay ", is expected to introduce the civil liability of magistrates them wrong. Some of these innovations in themselves could also be appreciated. However, there is the risk that they once again taken as a whole, and added to the other new proposals, to achieve, in fact, an intimidation aimed at making judges fearful and therefore more timid in pursuing the crimes and their perpetrators ? We all think that justice
Italian today is not working as it should and that is a pressing need for reform can restore efficiency, speed and credibility. To meet this fundamental requirement, however, need substantial revision of codes and ordinary legislation. No need to doubt the chance of a change of constitutional principles. ***
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