07 June 2021
The long-awaited reform of the Superior Council of the Judiciary, the self-governing body of robes, seems to have been written by Bettino Craxi, Giulio Andreotti e Arnaldo Forlani, the mythical “Caf” that dominated the Italian political scene in the 1980s. To overcome the degeneration of currentism in the judiciary and the consequent subdivision of offices, therefore the assignment of the positions of prosecutor and president of court or court of appeal on the basis of the card and not of merit, the Minister of Justice Marta Cartabia pulled the system out of the cylinder “Single transferable vote”.
The reform project, which should facilitate the disbursement of the Recovery money, was presented this week to the majority group leaders of the House Justice Commission. Nobody, except Pierantonio Zanettin of Forza Italia that expressed “perplexity”, however, the question arose what this electoral mechanism consists of which should finally resolve the evils that afflict the Italian judiciary, restoring its independence and impartiality. Let’s try, then, to explain it ourselves.
If this reform were approved, the approximately ten thousand Italian magistrates in the next elections for the toga component of the CSM, currently 16 members who will become 20, on the ballot paper instead of the single preference, as is now the case, will be able to express a “ranking” of preferences for the candidates. What does it mean? Today the magistrates vote in a single national college i 16 toga members of the CSM.
With the Cartabia reform, more colleges will be created, coinciding with the districts of the Court of Appeal, and up to four preferences can be expressed. Being very small constituencies, a few hundred voters, it will become very easy for the current ras to control the vote extensively through the classic system of “triplets” and “quatrains”. As it happened in the First Republic where every voter, who has white hair will remember well, especially in the South, was given a preference list to be indicated on the ballot. All different lists. The sum of the votes obtained therefore made it possible to verify after the ballot was completed whether there had been “defections” among the electors. To overcome this electoral mechanism which left no autonomy to the single voter and lent itself to the worst clientele, Mario Segni proposed in 1991 the referendum on the “single preference”. Referendum that passed with 95% of the votes despite the invitation of Craxi and associates to go to the sea instead of to the polls. It is surprising, then, that the minister Cartabia would like to return to multiple preference which marked a not very exciting page in the history of the country. But who is the creator of this system?
The professor Massimo Luciani, Full Professor of Public Law Institutions in the Faculty of Law of the University of Rome, appointed last March by Cartabia president of the Commission for the reform of the CSM. Luciani has clear ideas. Speaking a few months ago at an Area conference, the left wing current of the robes went so far as to affirm that “the reform of the electoral system of the CSM cannot be an opportunity to crush the freedom of association of the magistrates qua talis, especially in in the face of an association that was born and prospered also due to the thrust of legitimate ideological and cultural impulses ». “Such an intent – he added – would be, purely and simply, dystonic with the pluralistic opening of the constitutional system”.
The professor has always had relations with the currents of the National Magistrates Association, having assisted the members in appeals against the ministry for the improvement of their pension treatment. He recently defended, with little luck, before the administrative judge, the prosecutor of Rome Michele Prestipino, the former public prosecutor of Mani clean Piercamillo Davigo, the deputy prosecutor Ilaria Calò. The Commission, for the record, is also made up of magistrates who are prominent representatives of the currents. One name among all: Rodolfo Sabelli, current deputy prosecutor in Rome and former president of the ANM. With him Renato Balduzzi, former lay member of the CSM.