«An epochal and courageous measure , against the forces of conservation»; a rule that "pays homage" to Giovanni Falcone and Giuliano Vassalli.
The government and first of all the president Giorgia Meloni claim the "popular mandate" received at the polls for the justice reform, after having approved in the Council of Ministers the bill on the separation of the careers of magistrates: they will be distinguished between those of judges and prosecutors. Now the process begins for the new constitutional law which implements - as the Keeper of the Seals Nordio explains - "the fundamental principle of the accusatory process", that is , differentiating the path of those who are called to judge from that of those who, like the prosecutor, have the task of bringing charges .
Also under the spotlight is the splitting of the Superior Council of the Judiciary into two different CSMs, whose members will be appointed by draw . «This self-governing body of the judiciary has not given a good account of itself in recent years», explains the minister, stigmatizing «the degeneration of the current system» among the robes and citing «scandals like those of Palamara».
The provision, filed until a few minutes before the green light in the Council of Ministers following the meeting of government representatives at the Quirinale, is however the result of a complicated mediation which finds its political synthesis in the rule of the drawing of lots of the thirty members , professional and lay people, of each of the two Councils .
“With the draw we interrupt a series of anomalies,” says Nordio. The currents emerge from the appointments of the CSM but politics also remains on the margins : even the lay component of the CSM, i.e. the elective members who are currently one third chosen by Parliament in a joint session, will be entirely appointed subject to the principle of randomness.
What remains then is the establishment of the new disciplinary body of magistrates, the High Court , made up of 15 members (12 drawn by lot, 3 appointed by the President of the Republic) while the reference to the legal profession in the Constitution is omitted from the provision, despite the announcements of the government in recent days.
Also outside the bill is the hypothesis, again supported by Nordio, of introducing discretion in criminal prosecution. "We have not made changes in that sense because we have accepted the observations of the National Association of Magistrates", underlines the Keeper of the Seals, referring to the robes union, strongly opposed to the reform, which instead considers "an important mobilization" without excluding a strike after a meeting urgently called in these hours .
For Prime Minister Meloni it is instead a matter of having «respected another commitment made to the Italians. Many have said and written in recent months that we would never have had the courage to present this reform that has been awaited for thirty years", claims the Prime Minister in a video, pointing the finger at "the forces of conservation will move against us . But - he says - we are not afraid."
Forza Italia shouts victory, in the name of Silvio Berlusconi. At the moment the only support from the opposition comes from Action, which announces: «We will carefully evaluate the government's text and if our proposal is in line we will vote in favor». For the Democratic Party, however, it is "a severe blow to the autonomy and independence of the judiciary. The Constitution is defaced and sacrificed for a power pact with Forza Italia for the maintenance of the government."
Italia Viva is also skeptical: «It is a constitutional reform almost halfway through the legislature which will not complete its process. The only thing that is epochal is the mockery."
(Unioneonline/vl)
