• Prescription. Anm: Lodo Conte bis not unreasonable but on reform process
  • Prescription, high level of the ANM on disciplinary sanctions for magistrates
  • Prescription. Anm: "On praise Count pretext controversy"
  • Justice, Bonafede: "In 2020 green light to investments for 9 billion, then reforms"

Share

February 20, 2020 The National Magistrates Association will not participate in the Technical Table called "at the Ministry of Justice," for February 26, 2020 and that, as long as the text of the bill will contain forecasts of this type, we believe we cannot have any dialogue and of not being able to continue to provide the loyal contribution hitherto made in the elaboration of the reform proposals ".

The ANM "has always been aware of the fundamental role of interlocutor on the reform proposals concerning substantive law, the civil and criminal process and the judiciary. It has always offered its technical contribution, enriched by the concrete experience gained through the exercise of the jurisdictional function, in more and more critical conditions ", underlines a note from the Central Executive Council of the ANM.

"We have participated so far, trying to give our contribution in a loyal and constructive way, to the" technical tables "convened by the Minister of Justice. We supported our ideas, advanced our proposals, listened to the reasons of the representatives of the other categories, accepting that some of our proposals were not accepted and that the elaborated texts also contained forecasts with respect to which we argued for our motivated dissent.

"On two profiles expressed opposition"
On two profiles of the reform approved by the Council of Ministers, however, we immediately expressed our absolute opposition, and punctually illustrated the numerous reasons that have always made them inadmissible ", continues the note. It is the" simplistic idea, apparently the result of a naive vision of the process, of determining its duration by law, treating events of very different complexity in the same way and forgetting that one of the factors of the duration of the processes is also scruple in ascertaining the facts and, ultimately, the need to provide full protection of citizens' rights, whether they are parties to a civil trial, defendants or offended persons.

The result of the same unrealistic idea of ​​obtaining a reduction in time through abstract and generalized provisions of the law, is the new discipline of the duration of the preliminary investigations, accompanied by the very dangerous 'procedural sanction' of the sustainability of the investigative measures, which will have the inevitable effect of the weakening of the contrast to the more complex and aggressive forms of organized and unorganized crime, once again with damage for the entire community ", the ANM continues.

Unacceptable penalties for magistrates
"But what makes the normative text as a whole unacceptable and which prevents the state from any possibility of confrontation and interlocution, is - continues the note - that these forecasts on the duration of investigations and trials are accompanied by the introduction of further sanctions disciplinary measures against the magistrates. It is, in substance, a 'manifest norm', a slogan which translates into an ungenerous and undeserved message of distrust towards the Italian magistrates, which yields to the easy temptation to download the inefficiencies onto individuals of the system which, as such, are, instead, the exclusive responsibility of politics; and which, in a casual way, risks provoking, especially in the younger magistrates, the temptation of a 'defensive' and bureaucratic response of justice, still one aimed at the evident consequence of not doing a good service to citizens ", adds the ANM.

"These, and many others, the reasons that we have illustrated during the recent meetings held at the Ministry and which, unfortunately, despite a declared attention and sharing, have remained, in substance, completely unheard".