Reform of the justice close on the responsibility of the robes – Corriere della Sera

Reform of the justice close on the responsibility of the robes – Corriere della Sera

NEW GUIDELINES

Milan , August 4, 2014 – 18:59

     
     
 

(Fotogramma/Manzoni)

It expands the area where it can leverage those who are victims of “abuse of judicial power.” So provide, as part of the reform of the justice, the guidelines on civil liability of judges, including “the idea of ​​manifest violation of the rules applied or manifest error in the recording of facts and evidence.”
The mechanism of liability will remain indirect, that is, without the possibility for citizens to take action against the individual judge: action is taken against the State, which can then decide whether to proceed against a judge. This guarantees the autonomy of the robes.

Guidelines

The guidelines also provide for the reform to be passed in the case of gross negligence ” The retaliatory action against a judge, to be exercised when the violation was found to be due to inexcusable negligence, will become mandatory. ” Among the measures envisaged, including a strengthening of relations between the civil liability of the magistrate and the specification.

The ANM:” Hold on magistrates and risk instrumental causes »

The National Magistrates ‘Association welcomes the exclusion of direct action,” which would present unconstitutional and would put us out of Europe, “but warns through its President Rodolfo Sabelli that it is’ a hold on the judiciary “and that care must be taken to eliminate the” filter “Liability” because there is a very high risk of instrumental causes implemented only in reaction to an unwelcome decision of the judge, “and that it would take a mechanism to discourage such attitudes. Sabelli also recalls how the compensation is also provided for today, but now ‘becomes mandatory and the reform provides for a sum considerably very high, up to half the salary. ”

‘Protection of citizens’

The amendments were adopted to “make effective” tool, that of the civil liability of judges, already required by law Vassalli adopted after the recall referendum of 1987, the mechanism of which, however, “has worked very limited. The law, in fact, although acceptable in the system, provides a number of limitations to the applicant that, in fact, end up preventing access to this type of remedy and then make the actual random revenge on the magistrate considered possibly responsible. ” “A proper functioning of the civil liability of judges – even detect the guidelines – is a fundamental instrument for the protection of citizens and a necessary corollary to the independence and autonomy of the judiciary.”

August 4, 2014 | 18:59

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