Civil liability of judges, yes to the law of the House – The Republic

Civil liability of judges, yes to the law of the House – The Republic

ROME – They change the rules on civil liability of judges. The House passed the bill with 265 yes, 51 no and 63 abstentions. The League, Fi, Sel, FDI and Alternative Free abstained. The M5S voted against. E ‘”an historic step. Justice will be less unjust and citizens will be better protected,” sums Justice Minister Andrea Orlando. To proceed with a text that invests a matter on which hangs an infringement procedure in the European Union for non-application of Community law and for which Italy was likely to pay a fine estimated at 37 million, the government gave a negative opinion all amendments.

Instant and lasts the reaction of the National Association of Magistrates. “It ‘a bad signal, the policy passes a law against judges”, says the trade association of the robes that emphasizes how all this happens while there is a “rampant corruption”. The policy, says the leader of the union of the robes Rodolfo Sabelli, “today told us that one of the first issues of justice are Italian magistrates; crime, processes that are not made, are problems that can wait. It ‘a choice of the policy that has not yet approved a reform on corruption, false accounting, but rushes to pass a law against judges who fight corruption. ” With this new standard, Sabelli continues, “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 ‘a dangerous road towards a class justice.  220;

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 Keeper – and we are ready to correct some points.” A ‘cutting’ a posteriori, therefore, is not to be excluded. “But I think that will be enough case law to clarify that many of the dangers feared not reflected,” notes Orlando. Risks such as the rain of appeals, now that no longer serves a preventive step to assess their eligibility; and that the misrepresentation of the facts and the evidence is one of the hypotheses that claim damages.

SHEET here is how it changes the law

The new law Vassalli 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 appeals; responsibility shoot even in cases of gross negligence and misrepresentation of facts and evidence. One point that with the filter did discuss even today, especially the Five Stars, who also in the Senate had voted in favor, by a credit with the guarantees to improve the text in the House, said today the deputy M5S Alfonso Bonafede .

But the law – he adds – is “an intimidation to the magistrates.” “I reject the argument of intimidation,” he said in the House the minister. “To talk about the 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 in the case where the distortion is ‘macroscopic and evident’ “.

Another point discussed, the filter. “And ‘the flagship of the bill,” he summed up the deputy minister for Justice Enrico Costa in the afternoon before the House, soon after the meeting of the Committee of the nine. The Five Stars are afraid now a rain of appeals against judgments of the courts, a boomerang effect with the courts clogged. But Costa and the government did not think so. And above all, remember Coast, which defines the text “balanced and respectful of the autonomy of the judiciary”, the filter has so far, in fact, sterilized the norm, and “has led to a number of causes very low compensation, estimated between 4:07 , not more. “

Arguments:

civil liability of judges

Justice

Starring:

andrea orlando