Rome – Thanks to Giorgio Napolitano for the 9 years of “extraordinary commitment” as “authoritative and appreciated” “guardian of republican institutions” and the Constitution, with the hope of “deservedly take their own lives” . With these words, the First President of the Supreme Court Giorgio Santacroce opens his report for the ceremony of the judicial year.
Greetings before making a situational framework that defines Santacroce collapse. “Assuming the impossible occurrence zero, still would take three years and four months to clear court backlog of the Supreme Court” serves “energetic slimming cure” that relieves the Supreme Court of pending court cases for years to enable it to carry out its role is to “ensure the uniformity of the law, and with it the legal certainty and predictability of future decisions.” The appeal of Santacroce is to Parliament. “ ;They remain almost unheard repeated requests for legislative action that rimeditino deeply types of vices be contemplated in the legitimacy and define the cases of admissibility of the application to the Supreme Court for preparing them leaner decision module”. In short, the President of the Consulta filters also asks for appeals to the Supreme Court and the possibility of ‘models’ of judgments standard for serial causes.
“We say these things for years, but if the Legislature does not act to solve this unjustifiable and not more tolerable situation, you will have to study new criteria and modalities of proposition and decision of the appeals. In this perspective I intend to convene without delay a General Assembly of the Supreme Court, “he stresses. The President of the Republic Giorgio Napolitano with the first President Giorgio Santacroce The numbers.
Too many lawyers. And ‘”awesome” the number of Italian lawyers, of whom “well 58 542″ registered as sponsoring the Supreme Court, a figure that “is another anomaly of our system because it is justified by a need for’ market “.
” We need investment. ” To dispose of the court backlog and speed up processes “are not sufficient reforms at zero cost,” serve “investment in human resources and equipment,” points out in its report. “You can not get better results without investment, given that all the organizational measures taken so far have been insufficient.” We work “understaffed” and yet the productivity of the robes “is among the highest in Europe.”
Filter appeal processes. To shorten the length of trials according Santacroce the appeal judgment can be “structured differently, limiting it to check for errors that may have affected the judgment of first instance.” “It is not reasonable to ensure the durability of cutting processes on the ground of the appeals. The appeal – continues Santacroce – is an institution that responds to a fundamental need, which is to correct, if necessary, the error of the first judge. Delete the appeal would mean losing an important part of the guarantee. ” However, according to Santacroce, a ‘filter’ should be put. To streamline the time of justice, “is necessary, then, for both the civil and the criminal, a very incisive selection of matters reserved to the stipendiary magistrates, so as to achieve a significant reduction of the contingent.”
overcrowding prisons. “Al l the warnings remain current dramatically,” stresses. On prison overcrowding and the rights of detainees, Italy is still under observation and in June is expected a new ruling by the Council of Europe. “The problem of over-incarceration also calls into question the judges who can not be limited to urge always the intervention of politics and the legislature. And ‘necessary that they also assume the responsibility of making the principle of’ minimum sacrifice possible ‘that should govern any intervention, especially judicial, in terms of personal freedom. “
The law Fini-Giovanardi. “The severity of the sanction does not ensure a deterrent effect, so that one can regret the tendency of legislators to tighten continuously prison sentences” on drugs emphasizes the First President. The Fini-Giovanardi not “result in any decrease in crimes related to drugs.”
Clashes between pm. The judiciary after ‘Clean Hands’ has begun a “downward spiral”, with the “alienation” of citizens for “mortifying credentials” that performs processes such as snail and degradation of prisons, but in this crisis trust also contribute the “frequent tension and controversy” especially among pm and “forms of leadership, falls style and improper media exposure.”
Charlie Hebdo. Even Italy, as was the case in the “extraordinary manifestation of the people” of Paris, after the “barbaric terrorist” Charlie Hebdo, must “protect and enhance the heritage of freedom and fundamental rights that characterizes the identity and culture of Europe,” urges Santacroce in the conclusion of his report. Gianfranco Ciani (left) with President Giorgio Napolitano and the President of the Court of Cassation, Giorgio Santacroce
Reforms. Ciani: “Reintroducing crime false accounting.” For a “more effectively combat the scourge of corruption and economic crime, requires the re-introduction of the crime of false accounting, with prosecution office, which often do you use to set up hidden funds to be used to bribe “, asks the attorney general of the Court of Cassation, Gianfranco Ciani, in his speech. The same Ciani has, therefore, said that we must look with favor “the introduction of the offense of self-laundering”, adding, however, soon after that “maybe you could do more” in this direction. Among other various reforms, it would be “unrealistic to think about a rapid end to the crisis” that crosses the country if “next to the measures already taken, most notably the introduction of electronic civil process, which it is hoped will substantially reduce the duration average civil disputes, not be implemented ot her, sometimes, for example, to degiurisdizionalizzare really disputes of lesser social and economic relevance, introducing – proposed – cases of settlement by arbitration and mediation and to rationalize the regulation of the legal profession, became – concluded – unfortunately a kind of social safety net. ” Legnini: “Both national priority.” “The question of justice must rise to the rank of major national priority and occupy the space reserved for the few major strategic decisions” that the government should operate. This was stated by the vice president of CSM, John Legnini, in his speech.
Orlando: “Regulation lobbies”. An undoubted leadership of change lies with the judiciary. “And ‘the call of the Minister of Justice, Andrea Orlando. The Keeper said that” we have entered a new phase. In fact, I think is behind the season in which they were placed in questio n the role and function of the judiciary. “He noted that while” in its harshness “, today the comparison is carried out” in a shared vision of reference “.” It is urgent to introduce discipline regulation of lobbies, that in light of the new law on the financing of the party, make clear the relationship between public and private interests. “The ministry ensures Orlando,” intends to propose a regulatory framework that addresses this issue. “
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