truce tests in CSM

truce tests in CSM
truce tests in CSM

The list of nominations for the succession to Francesco Greco as head of the Milan prosecutor’s office she went almost unnoticed. It was largely outclassed by the very robust news report on the reform of justice and the crisis of the Ambrosian Public Prosecutor’s Office: it reached the CSM with the “Storari case” and culminated in a guarantee notice to Greco himself by the Brescia Public Prosecutor’s Office.

It was thus, on the other hand, that the full-blown crisis of the national judiciary – which exploded with the “Palamara case” – saw its center of gravity shift from the Rome prosecutor’s office to that of Milan. And precisely the official start of the race for the post of head of the Milan office (which Greco will leave in November due to age limits) now seems to provide clues of major works in progress – within the judiciary – to quell the internal war between currents of the CSM and reach a truce, useful above all to shore up the institutional credibility of the judiciary.

Scrolling through the list of magistrates who have filed their candidacy for the second Italian prosecutor’s office, first of all two absences that have not been announced at all stand out: that of the heads of the Catanzaro prosecutors, Nicola Gratteri, and of Naples, Giovanni Melillo. The first above all: media magistrate par excellence from the anticamorra trenches in Calabria; even candidate minister of justice in the Renzi government. A column of “Area”, the left wing that has collected the legacy of the democratic judiciary: like Melillo, head of the cabinet of the minister Andrea Orlando in the Renzi government. Why did they give up for Milan?

The unofficial answer that has started to circulate in the political-judicial circles is that Gratteri would have oriented himself towards the next succession to Federico Cafiero de Raho at the National Anti-Mafia Directorate, while Melillo – still relatively young magistrate – would not have considered it appropriate to put a position into play as important as the one held in Naples for four years. However, it is not unlikely – hence a first signaling value – that both judged the outcome of the Milan game to be uncertain, as “Area card holders”: therefore belonging to a still strong current no longer hegemonic in the CSM; and, indeed, a first-level defendant in the turbulent “trial” underway thirty years of mixing politics and the judiciary and media excesses.

Of this “system” (to use the title of the bestseller signed by Luca Palamara and Alessandro Sallusti) the Milan Public Prosecutor’s Office is considered the founder, since the original passage of Mani Pulite. And Greco is the epigone of that season: and his exit from the scene – tormented on the media-judicial level to a probably undeserved extent – summarizes all the tensions that have become radicalized over time around the Milanese courthouse, no less than its indoor. The sensational acquittal of Eni’s leaders by the Court, the “Amara-Davigo-Storari case” and the letter of no confidence to Greco by the majority of its 72 pm do not need any comment or comment.

The identikit of the next chief prosecutor of Milan therefore seems to be drawn around an external figure, not a member or sympathizer of Area. It is therefore not surprising that in the list of candidates stand out the attorney general of Florence Marcello Viola (of the Independent Magistracy, the most moderate current of the CSM) and the head of the Bolognese prosecutor Giuseppe Amato, exponent of Unicost (centrist current led for a long time by Palamara before of the break). The other seven names include several prosecutors from the “Milanese school”: including Maurizio Romanelli (the only one still “internal”), Luigi Orsi (prosecutor in the Supreme Court); Roberto Pellicano (head in Cremona), Nicola Piacente (head in Como).

To complete the starting ranks: the head of Pordenone, Raffaele Tito, the Turin adjunct Cesare Parodi and the head of La Spezia, Antonio Patrono. In any case, no one seems able to overcome the elimination round in CSM: even if a Patron, an exponent of MI, in the past president of Anm and a toga member of the CSM some skinny rumor it gives some chance: presumably in the perspective of a particularly difficult compromise.

However, if the final list of candidates is not different from the initial one, it seems impossible not to recognize Viola as the “front runner” by curriculum and Amato as her only credible challenger: all the more so since the selection criteria for major executive positions are the the heart of the political controversy that has invested the CSM with the “Palamara case”. More: Viola is in itself the trait d’union between the Rome case and the Milan case.

Last Friday was the umpteenth act of the long war that broke out two years ago around the succession to Giuseppe Pignatone at the top of the Capitoline Prosecutor’s Office. The Council of State has in fact rejected the appeal of Michele Prestipino – for two years the chief prosecutor of Rome with the votes of Area and Autonomy and Independence of Piercamillo Davigo – against a sentence that had instead accepted Viola’s reasons: who two years ago he was also in the running for Rome and that since then has contested the choice of the CSM in favor of Prestipino in all the offices (considered to have fewer qualifications).

It is not only Viola in keeping the Roman front open, in fact at the basis of the “Palamara case”: there is also the chief prosecutor of Palermo, Francesco Lo Voi (MI), to complain about an illegitimate overtaking by Prestipino in the final ballot in Csm. He too was and remains in search of a promotion (of a “compensation”) in the risk of major Italian judicial offices.

However, it was Viola who now dropped the candidacy card for Milan: while the Area “champions” preferred not to play it. And if the magistrate from Agrigento were to finally land on the fourth floor of the Milanese “palazzaccio”, it is clear that the temperature around the “Prestipino case” would immediately drop significantly (also defended to the bitter end by Pignatone, who in the meantime became head of the investigating magistracy of the Holy See ). The succession to Greco could therefore close – immediately – the most exposed fronts of the Great Crisis of the judiciary: and therefore start a phase of settling already in the autumn that all the protagonists of the “judicial transition” seem to need. Of course, the game has only just begun.

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