Bill
Milan , February 24, 2015 – 22:23
On the final of the Chamber of the House to the bill on the civil liability of judges . The text was approved with 265 yes, 51 no and 63 abstentions. The League, Fi, Sel, FDI and Alternative Free abstained. The M5S voted against. The reform, already fired by the Senate, is now legge.Chi has suffered damage from justice may seek damages to the state, which has the obligation to take action against the magistrate. Satisfied Prime Minister Matteo Renzi: “Years of delays and controversy, but today the civil liability of judges is law!” He writes on Twitter. Despite the abstention, claims the result as well Angelino Alfano (Ncd): “Civil liability of judges: always said, never did. It is now law. We agents of change. ”
Orlando: “Step historical”
It is “a historic step. Justice will be less unjust and citizens will be better protected, “sums Justice Minister Andrea Orlando. To proceed with the civil liability of judges – on which hangs an infringement procedure in the European Union for failure to apply the law comunitario- the government gave a negative opinion on all the amendments. But the application of the new standard – and he admits the same Justice Minister Andrea Orlando – will be monitored in practice. “We will evaluate the effects secularly – ensures the Keeper – and we are ready to correct some points.” “But I think that will be enough case law to clarify that many of the dangers feared no parallel,” says Orlando. The main risk is the rain of appeals against judgments of the courts, a boomerang effect with the courts clogged.
The magistrates: “Bad Signal”
” It is a bad signal, the policy passes a law against the magistrates. ” So the National Association of Magistrates said the approval of the reform on the civil liability of judges, stressing that all this happens while there is a “rampant corruption.” With this new standard, according to the president ANM Rodolfo Sabelli, “it undermines the independence of the judiciary. There is a risk of instrumental actions “giving” the ability to economically strongest part of the case to get rid of a judge uncomfortable. It is a dangerous road to a class justice. ”
The key
The new Vassalli law reform law of 1988 while maintaining the setting of vicarious liability: the citizen mentions that the State may take action against the judge. But compared to the Vassalli is expanded the possibilities for citizens to appeal; it raises the threshold of economic compensation for the damage, which can be up to half the salary of the judge; is eliminated filter eligibility of Appeal, which today is entrusted to the district court; responsibility shoot even in cases of gross negligence and misrepresentation of facts and prove.Quanto extent of revenge, grows the threshold currently set at a third: the magistrate will now respond with a net annual salary up to half. If there is fraud, the action for damages, however, is total.
In case only the ‘inexcusable negligence’
The Five Stars, which the Senate had voted in favor, but now they reject the rule as” an intimidation to the magistrates. ” “I reject the argument of intimidation,” replied the minister in the House. “Who speaks of misrepresentation of facts and evidence as an extension of improper, I say that this is an indication of the European, and does not produce an automatic on the magistrate, who may be called upon only in the event of inexcusable negligence.” In fact in the report accompanying the text were inserted “correctives, the elements of clarification – explained the chairman of the House Judiciary Committee Donatella Ferranti – that on the basis of an interpretation constitutionally, make explicit that the damage is only if the misrepresentation is `macroscopic and evidente’.”
February 24, 2015 | 22:23
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