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Rome – National Association of Magistrates attack on the reform of the judicial system : “This reform is ineffective and the result of compromise” and contains “punitive laws inspired by the logic of the past.”
According to the ANM, who took a strong stand against the government , it would be particularly at risk as criminal matters. In addition, the judges strongly reject a vision, in their opinion, that insinuates that the crisis of justice depends on the alleged irresponsibility and lack of productivity of the judges themselves. For Anm a real change of pace there would be only with the injection of Investment that make a really productive sector in crisis.
“A first analysis of the intervention of Government “in the field of justice reform ‘pending the final released official documents, must look beyond the enthusiastic public statements and promotional slogans that accompany it: declarations and slogans they want to conceal, performed with emphasis , several failures and timidity “
Drawings of reform that have the character of compromise
” It’s in the area Criminal – detects the ANM – that the designs of reform reveal the characteristics of the buy-and put the yielding to pressures and vetoes . ” “The announced change in the discipline of the prescription, pathological and pathogenic today, do not touch the 2005 reform – says the National Association of Magistrates – the product of one of the various ad personam laws : instead it resolves the weak choice to introduce two new types of temporary suspension and any of its course. The intervention on appeals apparently returned to the uncertain times of the enabling law.
We announce complications in the discipline of acquisition of phone records (which would be subject to the authorization of the investigating judge) and the publication of the text of interceptions in judicial proceedings, but with infringement of the rights defense. As for the new offenses of forgery of budget and self laundering , the pressures of concern as reflected in the media, to create a facade of reform, in the face of a ‘Emergency of the country consists of the corruption and organized crime and economic. ”
On the civil liability of judges , “the elimination of the filter of eligibility of the actions of civil liability of judges overlooking a series that is full of petitions lacking the minimum formal requirements, thus giving the green light to instrumental actions. ” The ANM then touches the theme of the holiday and the suspension of the terms weekday. “The terms of the suspension working, you want to reduce – notes the union of the robes – does not lead to the closure of the courts and first of all guarantees advocacy as a reasonable break from ordinary activities. The holidays are the judges – as in life – in line with those of the senior management category, given that they do not suspend the deadlines for the filing of the action and are largely employed – a sense of ethics before required by law – for the purpose of disposal of work.
If it was confirmed, the announced reduction of holidays , determined without any prior confrontation with the judiciary, it would be a grave insult not for the intervention in itself, but to the method used and the meaning that it expresses. Indeed, this would be done by a decree law to a delayed effect (that is an oxymoron), when other much more urgent reforms are uncertain or deferred to the bill or even to the enabling law. ”
Poor productivity: the judges are not there
On the nature of interventions order structure , the designs of the reform of justice “for As known to date, appear the product of a very superficial approach. Offend the judiciary with the insinuation that the crisis of justice depends on the alleged irresponsibility and lack of productivity of the magistrates and reiterate the mystification of a justice reform that claims to implement the reform of the judges’
Only the extraordinary commitment of judges and staff of the Court has been able to contain the worst damage and even reduce in many cases the backlog , thanks to exceptional productivity, “says l ‘ Anm, which adds data: “According to statistical data compiled by the CEPEJ – Council of Europe, the Italian judiciary in 2010 described 2 million 834mila contentious civil proceedings (France has defined 1 million 793mila, Germany 1 586mila million) and 1 million 288mila criminal cases (France has defined 600 thousand, Germany 804mila): with these numbers – that belie falsehoods and platitudes , which seek to overturn the judges responsibilities of others – the Italian judiciary is at the first place for productivity in Europe in criminal matters and in second place in the civilian, second only to Russia in this case, which also counts the number of other judges. “
means and resources to share
“For a long time now, the Italian judicial system is facing a serious crisis of efficiency and functionality, which results in a crisis of credibility of Justice, with an impact on the rule of law and equality of citizens before the law. The remedies to this situation are to be found above all in heavy investment in resources to administrative staff and resources but also in bold reforms of the civil and criminal law “continues the ANM, who adds:” Over the past years the ‘absence of effective interventions – for example – in civil proceedings and in penitentiary and several reforms for the worse with the ad personam laws in criminal matters (the reform of the prescription in December 2005 and the substantial decriminalization of false accounting, to name two only limited to) have aggravated conditions of the system. ”
Senators Pd: “Reaction incredible on leave”
“The position taken by ANM incredible. It only took the intervention announced by Prime Minister Renzi to reduce the leave days to the magistrates, to trigger an uprising in the category. The privileges must end for all 46 days of rest, in the present state of justice, are frankly too many. ” The state senators of the Democratic Party and Claudio Moscardelli Francesco Scalia. “Unfortunately, the findings made dall’Anm appear tainted by this issue – add the senators – in addition to the standard suspension that reduces the working of the courts from 45 to 25 days,” conclude the senators. Isabella De Monte, vice president of the Democratic Party delegation in the European Parliament, adds: “Reduce the holidays to the judges is not a punitive action and may not be a taboo inviolable. Sorry for the reaction dell’Anm but the reform of the civil justice initiated by the government Renzi was praised by the European Commission who called in Italy able to advance on the path of growth and simplification. “
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