While 398 amendments (99 by Forza Italia, 82 Fdi, 62 Italia viva, 15 Lega, 98 Action, 20 Alternative C’e, 10 M5S, 12 Pd) have been deposited with the Chamber ddl on the CSM and of the judicial system, the work of the commission appointed by the Keeper of Seals, Marta Cartabia, continues to propose hypotheses for the reform of the Palazzo dei Marescialli. The proposal made in final document of the Commission, chaired by the constitutionalist Massimo Luciani, is to avoid drawing lots to compose the CSM, but to provide for a new electoral system that determines a caesura between the currents of the judiciary and the councilors toga. This is to avoid interference in the election of councilors. Both the Palamara case and the now well-known meeting at the Champagne hotel that the case of the minutes of Piero Amara they put the institution of the small parliament of robes to a severe test. The indication of the commission on Friday will be the subject of a discussion between the Minister of Justice and the majority. It also calls for an increase in the number of members of the CSM and more rigorous criteria for the formation of Commissions with incompatibility for those in the disciplinary section.
A proposal therefore that moves away from the basic text of the reform of the former Keeper of the Seals Bonafede which provided for the draw with the introduction of a double-shift majority system in 19 colleges for the election of the toga councilors of the CSM (increased to 20, plus 10 lay people), the stop to those who come from government posts and rigid rules for appointments to stem the power of currents, pink quotas and lottery for the composition of the Commissions. The Bonafede reform also provided new criteria in terms of merit and transparency for the assignment of executive and semi-executive positions and a reorganization of the powers of attorney in order to reduce the hierarchy within them. The so-called revolving doors between robes and politics had been closed because it was expected that a magistrate who had held a position in the Italian or European parliament, or in a Region for at least six months, or who had been in government positions or in municipalities with over 100 thousand inhabitants could no longer wear the toga and could be relocated as an official in the Ministry of Justice or other ministries.
In the proposal of the Cartabia commission, the magistrates who choose political experience will not have to say goodbye to the toga forever. In the text presented there is not – according to what reports theAnsa – the absolute prohibition for those who are candidates to return to the judiciary at the end of the political experience. But it is proposed the introduction of territorial limits: it will be possible to resume judicial functions by changing region. More stringent limits are also envisaged for the eligibility of magistrates. They are kept more objective criteria than current aptitude indicators on the appointment of magistrates at the top of the judicial offices. The declared objective, two years after the “nomination scandal”, is to contain the discretion of the CSM. The Commission also proposes stricter selection criteria for magistrates destined for the Court of Cassation and asks on the professionalism assessments of magistrates to give a voice in the matter, but without the right to vote, to lawyers: within the judicial councils they will be able to express themselves with full right to speak. The commission also proposes to limit the passage from the functions of judge and prosecutor and vice versa. Currently it is possible to change functions four times during the entire career: among the hypotheses put on the table by the Commission is limiting the “change of shirt” to only two times as was foreseen in the Bonafede reform.
Friday morning the Keeper of Seals will present the Commission’s proposals to the majority forces. Who in the meantime relaunch: “We have presented a package of proposals, in the next few days I will go to the minister”, he said in the evening, speaking to Door to door, the secretary of the Democratic Party Enrico Letta. Our idea is to build ahigh court that takes away some powers of self-government, which today the judges manage among themselves, to make them manage outside the CSM, creating a sort of Constitutional Court, on the disciplinary part. We are to guarantee the independence of the judiciary, but total self-control has nothing to do with independence ”. While the group leader of Italia Viva in the Justice Committee in the Chamber, Lucia Annibali, illustrating her 60 amendments to the Bonafede bill, says that “the electoral system, in our opinion, as imagined is not good to contain the weight of the currents” and it is necessary “to introduce general, predetermined evaluation criteria, as clear and objective as possible ”, as well as“ ensuring gender equality in the elections of the toga members of the CSM ”.