With her “do Doroteo” (as he said the premier Renzi), the Minister of Justice Andrea Orlando is bringing home, after seventeen years of failed attempts, the ‘waiting as needed judicial reform.
A step charge on the reform of the civil trial “because the country has urgent need.” Clear ideas on the reform of economic crimes (false accounting and self-laundering) and reorganization of the specification of all the magistrates, ordinary, accounting and administration. Again a pause for reflection, however, about eavesdropping, prescription and reform of the CSM. The latter at least postponed to 11 September when the new plenum should finally complete (sixteen were elected members who are judges, but the political forces have not yet reached an agreement on the eight lay members of which will be elected as the new vice-chairman). “Return the arguments divisive” President Napolitano had suggested the meeting with the minister in Orlando Castelporziano.
It was a white smoke that output from the meeting between the Keeper and the responsible parties to justice majority, Pd, Ncd, Choice civic and popular. “The majority is strengthened,” said the Deputy Minister of Justice Enrico Costa, representative of that party (Ncd) rather that on Tuesday morning he had sent conflicting messages about restless and the proposals of the technical Arenula. Putting on the table, for example, the separation of careers between judges and public prosecutors.
None of this. But maybe a little braking compared to the full package of proposals (a decree and 12 bills) which should be approved in the Council of Ministers of 29 August, that should help the premier Renzi to lead the meeting in Brussels.
This is total agreement on the reform of civil procedure: steps leaner, simplified and shortened ratings assigned to the assistance of lawyers and no longer before the court; greater efficiency and lower litigation thanks to stricter penalties for those citizens and lawyers, abuse in the application process. The divorce by mutual consent, for example, can be resolved before the same public officials who celebrated the wedding. And then specialized courts for businesses and families and the rights of the people.
Green light also to the civil liability of the robes. Passes, shared the principle that those who make mistakes pay. Something that the Italians had already asked in a referendum in 1987, but since then (with the law Vassalli) only three judges have paid, in part, for their mistakes. The text proposed by the minister Orlando states that there are no more filters to the action for damages against the robes that were wrong “for willful misconduct, gross negligence and inexcusable negligence.” The citizen victim of malagiustizia will have recourse against the state which in turn, if the fault is recognized, it can hold up to half of the salary of the judge guilty.
In this case, the government intends to proceed with a bill. A text then unarmoured, except the cardinal principles. Ncd has already raised his voice: This facility is not enough. And he wants to “expand” the responsibility to a more vague concept of “incapacity. Policy already adopted in medicine, both generic as dangerous if applied to those who prosecutes.” An example for all “invites you to think a parliamentary foreground in the Democratic Party: “Who will have the courage to write a sentence revolutionary and innovative as the one written in Bologna sull’eterologa if he runs the risk of paying?”.
The CSM Minister Orlando chapter has described the principles guide. To stop the weight of the currents on the election of members of the body of self-government of the judiciary were presented two hypotheses. The first provides for the election of the members who are judges with a double shift: the first with very small colleges, the second to majority. “In this way – make sure – is the weight of the current disjointed.” The second hypothesis involves the selection by lot of members who are judges. Each case has already been decided that “the appointment of the management of the various judicial offices to be decided in certain times. ” Now, just because of the currents, some offices of attorney will remain vacant even months. But there is still time to reach a shared text: it was in fact decided to make this important change to the other party that natural is the new CSM, not yet installed. We will get back after September 11, when Parliament, after two months of failed attempts, will elect the eight lay members.
It seems to have been found on the squared node specification. The assumptions in the field but still two prevailing at the time to “create a special section within the CSM” than outside the High Court, which was launched at the time by Violante. The council, which must comply with the principle that “whoever judges not appointed” and accordingly only part of the specification, it has a problem of numbers. There are 24 members of the CSM and nine commissions already active. “If this is the problem – it says – we could increase the number of plenum but by lowering the tokens for each, we can not think of spending more than we already do,” say sources in the ministry.
Thursday meeting with opposition groups. It was postponed, however, at the beginning of next week, and in any case before the council of ministers, the meeting of the majority, and then with Forza Italy, two other very divisive issues: the offense of false accounting and the prescription. The technical Arenula are ready. On accounting fraud, crime decisive combat tax evasion, the creation of funds blacks and and then corruption, the minister wants to bring the Keeper of over 5 years worth so much for listed companies as well as private. For offenses carrying a sentence beyond 5 years is allowed in investigating the use of wiretaps. On this, you already know, the battle with Forza Italy (and not only) will be tough. And they are not excluded majorities variables. Prescribing the idea is to freeze the time of extinction of the offense after the first-instance judgment. Forza Italy, but also Ncd, revived with the setting of timescales for the process.
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