06 June 2021
Dear manager, Marta Cartabia is ready for Quirinale: he would like to introduce himself by saying that he has started the reform of justice but the thousand ideas he is throwing down, from the separation of careers to the reform of the CSM, will lead to nothing. With great happiness of the corpus of magistrates, who will continue to do good and bad weather in the name of the Palamara System. And to think that the need for a reform of justice, especially the regulatory changes on prescription introduced by the yellow-green government, was a flag waved for a long time by Matteo Renzi. In aid of the minister in making melina, the radical-League referendum will intervene which, as Matteo Salvini knows very well, will block any changes for years, as has been the case in the past.
On the other hand, Salvini himself backed the M5S in terms of justice, helping to approve the law that substantially eliminated the prescription after the first instance sentence, stating that it would come into force only together with an overall reform of the justice, which then did not occur on time.
On the left, however, in line with the justiceist tradition of the Democratic Party, Enrico Letta raises the barricades on every attempt at revision. However at Palazzo Chigi, in great secrecy, some jurists are working on minor, but significant changes, which will allow President Draghi to present himself in Brussels with some façade changes that can be implemented directly by the Keeper of Seals with circulars or through decree-laws, in order to allow to Italy to access the resources of the Recovery Fund. Everything revolves around the reorganization of the judicial system with, at the forefront, the department of the Ministry of Justice, from where the provisions on the distribution of works should start, today at the mercy of the whims of the head of each court.
Starting from the immediate increase of the organic plant to face the chronic structural shortage of personnel, both the judges, togates and honoraries, and the much-maligned chancellors, the real engines of the judicial offices. Not to mention the continuing shortage of rooms, computers, even furniture. Without entering Dante’s hell of the separation of careers, the government offices are discussing whether to foresee, through immediate provisions, ad hoc career paths to reach specializations, as in many other fields, also because the company has now evolved.
For the civil ceremony, which is particularly close to the heart of the European Commission, a period of maximum duration of 360 days is being studied, as happens in the arbitration judgment (reason why those who can afford it prefer it), except for the possibility of extension only for specific reasons, and also to reserve the hearings only for the completion of the preliminary activity. For the criminal trial we try to understand, instead, if it is possible to foresee that the trials begin only if the results of the investigations are such as to determine a reasonable probability that a conviction will be reached, as in the USA, a criterion that should already guide the prosecution, since the number of proceedings is much higher than that which the judicial machine can realistically manage. However, in compliance with what should be a rule of law, try to avoid that the accused, before the final sentence, suffers the thousand deprivations of a citizen to which he is subjected, such as the inability to register for a competition or access to a bank loan. In Brussels they know that Italian justice is a crazy roller coaster. Just read the latest book published on the Ustica plane crash, entitled “A civil injustice”, by General Leonardo Tricarico, one of the great names in the air force, and Gregory Alegi. It looks like a detective story, reporting only the unpublished documents and testimonies of the tragedy. A criminal trial that lasted 25 years, with 272 trial hearings and over 120 between appraisals, reports and advice, drawn up by Italian and international experts. All the accusatory system formulated by the then investigating judge Rosario Priore on the imaginative war in the skies with the Libyan Mig was mercilessly dismantled piece by piece in the criminal trial to instead be fully taken up in the civil trial with damage to the State of 300 million. As always, in Italian justice the right hand does not know what the left is doing. This time around, it will take all the firepower of the Dragons to impress Brussels.