In front of the group leaders of the large and varied majority, the Keeper explains that a faster and more efficient justice serves not only to collect the billions of the European Recovery Fund, but also to re-legitimize the judicial order in front of the citizens. He quotes Giovanni Falcone’s words – «Autonomy and independence of the judiciary, if not combined with the efficiency of the service, they are caste privileges not understood by society “- and illustrating the proposals of the ministerial commission on the reform of the CSM and the professional evaluation of robes, he warns:” Surely the news events of the most recent months have made interventions cannot be postponed and more urgent».
In an effort to ensure greater transparency in the choice of prosecutors and assistant prosecutors (the heart of the “Palamara case”), the commission proposes some changes to the “requirements for conferring managerial and semi-directive functions”, affecting both the “professionalism assessments” and the provision of “precise parameters and aptitude indicators, divided in general and specific, in relation to the post to be filled “. The objective is to avoid an “excessive discretion” in the decisions of the CSM, albeit without returning to automatisms such as “seniority without demerit” which would limit the role of the Council. However, one of the predictions is precisely that, with the same evaluations, the older candidate will prevail.
For the rest, some practices are recommended – comand the conferral of tasks in chronological order, to avoid the so-called “package appointments” shared between the currents, or the obligation to hold hearings for all candidates, already adopted by the Council with internal circulars, but giving them the strength of laws that are more difficult to disregard. The transition from the functions of public prosecutor to those of judge, or vice versa, with all the current restrictions, it would not be possible more than twice in the career (now there is a ceiling of four).
Some indications concern the composition and election of the CSM: the commission suggests to go back to 30 components (20 togates and 10 lay people), and for the candidacies of magistrates only 10 signatures will be collected, in order to favor the presence of more aspirants, disconnected from the currents, in addition to further measures on the electoral system. For other changes considered important (such as the indication of the vice president by the head of state who chairs the CSM, or the partial renewal every two years) instead, constitutional reforms would be needed.
On the togas they want to get off restrictions increase in politics: whoever decides to stand for the elections will have to ask for leave at least four months before, and in any case he could not do so in the territory in which he worked in the last two years (the candidacy of Catello Maresca for mayor of Naples, advanced by the center-right, with these rules would not have been possible); the return to the role is foreseen in different and not neighboring regions, and only in collegiate bodies.
June 4, 2021 (change June 4, 2021 | 22:44)
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