Wednesday, February 25, 2015

Civil liability of judges, final okay to the new law – Il Sole 24 Ore

Civil liability of judges, final okay to the new law – Il Sole 24 Ore

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This article was published on February 24, 2015 at 22:24.
The last change is the February 24, 2015 at 22:48.

With 265 yes, 51 no and 63 abstentions, the House finally approved the new law on liability civil magistrates. The League, Fi, Sel, FDI and former M5S of “Alternative Free” abstained. The M5S voted against. “Years of delays and controversy, but today the civil liability of judges is law!”, The tweet of the premier Renzi comment. “The more protections to citizens, the more force the authority and autonomy of the judiciary,” the one just before the Keeper Andrea Orlando.

Anm: is law against judges
“It is a bad signal, the policy passes a law against the magistrates.” So instead the National Association of Magistrates said hot approval of the reform on the civil liability of judges, stressing that all this happens while there is a “rampant corruption.”

Orlando: “If any problems, we will find corrective”
“I refuse that the laws are being waved as a hypothesis of intimidation,” said Justice Minister, Andrea Orlando, in classroom the House during the debate on the proposed law on the civil liability of judges. Orlando responded to a series of speeches of Members of M5s explaining that the measure, in addition to translating European indication, “prevents the citizens are not compensated by protect ing the independence of the judiciary.” Then he added: “We will evaluate the effects of the rule with secularism” on civil liability and “we are willing to look specifically and, if anything, to correct some points that have been reported.”

The new regulations
The main points of the new law on civil liability are these: is the current principle of vicarious liability, so the city will have to turn to the state, which is obliged to take action against the magistrate within two years of compensation and up to a maximum of half a year’s salary (now the roof is fixed at two-thirds); is eliminated filter eligibility of appeals; among the causes of civil liability is inserted also the hypothesis of “misrepresentation of facts and evidence”; limits the safeguard clause excludes liability of the magistrate; are redefined the types of ‘serious misconduct’.

Disputes ANM
The new rules, more stringent, on the civil liability of judges have been challenged by ‘Anm, but it is split on how to protest: dismissed the strike proposed by the current independent judiciary (which incidentally is headed by the Secretary for Justice Cosimo Ferri), we opted for a mobilization that will last the whole week , with the suspension of judicial activity to illustrate the final document approved by a majority, on Sunday, the Central Executive Committee and with the request for a meeting with the President of the Republic Sergio Mattarella to call attention to a law “wrong,” “punitive “and” with profiles of unconstitutionality. “

No strike
The hard line of the strike was rejected also in view of the futility, as well that dell’inopportunità, a protest extreme games now expired. The cause of the House was in fact granted and there was no more room for changes, also in view of the infringement procedure opened against Italy by the European Commission to adapt the law Vassalli (n. 117/1988) with EU law ( the deadline for fulfilling expires in a week). The most disputed points dall’Anm are the elimination of the filter eligibility and the introduction of “misrepresentation of facts and evidence” case of gross negligence.



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