Saturday, May 7, 2016

Justice, Orlando Morosini on the case: “On Monday I will see Legnini, then I will assess” – The Republic

Rome – “We will talk with the vice president of the CSM Monday. The problem has assumed an institutional relevance, as the relationship with a vital organ such as the CSM is: before you make judgments on the substance is right to wait this step. And ‘my duty then wait for the meeting with Legnini “. The Minister of Justice Andrea Orlando, during a press conference on the prescription, when asked if he had closed the story of the phrases attributed to Piero Morosini, in particular those with which the CSM counselor who would affirm “Renzi must be stopped.” Inverted commas proven wrong by the same Morosini, but meanwhile published by the Sheet .

The Minister Orlando has also rejected the argument of the magistrate’s speech. “It is not disputed, the point are the ratings given on the functioning of the institutions”. On May 5, the president ANM Piercamillo Davigo had previously defended the freedom of expression of Morosini “waiting for an association of my position.” The next day, the Executive Council ANM, while reaffirming “the right of the individual judge to express their opinions,” considered the Morosini statements, “if confirmed,” “inopportune and unjustified”, “concerning issues and topics not relevance “of the CSM counselor and accidents” on the prestige of the judiciary and the loyal relationship between the powers and the

Meanwhile, the M5s speaks openly of” clash “with togas” invented ” by the democratic Party. Luigi Di Maio, in the square in Lodi: “Judiciary under attack by the thugs of the government of the Democratic Party, just because you bothered to enforce the laws. This government-judiciary conflict, invented by the Democratic Party to cover the ongoing scandals in his house. “

the face-off between the Keeper and the vice president of CSM will take place Monday, as announced by Arenula the same Orlando. Just Legnini had made public the request communicated to him last Thursday by the Keeper of a formal meeting for clarification on the case Morosini. On the occasion, the vice president had harshly condemned the attack “unacceptable to representatives of government and Parliament” following the publication of the sentences of Morosini. “We expect respect for our functions, but to do so we must first of all ensure respect for the representatives of the.

According to the figures published by the Sheet , Piergiorgio Morosini former magistrate in Palermo today the CSM adviser in democratic Judiciary stake, had announced a very active role in the campaign for the “no” in the referendum on constitutional reforms. Motivating it like this: “You have to look good from the risk of an authoritarian democracy. A balanced relationship between Parliament and Guarantee organs must be preserved. For this we need to vote No in October.” The immediate objective of Morosini was therefore stop Renzi, and then “come back in the trenches” doing the magistrate, because “the CSM is all politics. Currents, lay members …”. In quotation marks, those words do not seem to lend itself to multiple readings. But during the plenum of the CSM, Morosini was still defended: “I feel hurt. My words have been

Prescription, everything changes: the bill in pills

as for the reform of the prescription , the minister Orlando said he was optimistic: “I keep this perspective, I think it’s within reach” the approval by the summer. “It ‘
a complex path, but that will have an outcome. The prescription is often the result of a total mess. We have a basic text of the amendments and of the times, do not know what will be the changes – said – the discussion is open. We are confident that this action will reduce the numbers of limitation. “

but, he still observed the Keeper,” the rules are important but are not enough: it is necessary to identify organizational models can counter prescription “. Fundamental, Orlando, have the resources and “the organization that needs to support process management, because for the same normative references the results are very different” in the various areas of Italy.

The Minister, however, he made it clear that on the prescription “there is no southern question, nor is there an issue organized crime. from the data that we put together, and that we have made available to the Parliament that there are many Italie but not according to classical references. that is, an Italy of the South is one of the North, one pervaded by organized crime and that instead it is not. There are courts in the South who have prescription rates very low, the other in the North that they have very high ” .

for this, he said the Keeper, “we will start a comparison intervention Court of appeal Court of appeal, to define the interventions required to resolve several critical issues. We will follow pointed Orlando – the already made path for the civil trial, acting on the basis of a differentiated analysis that tells us that there are actually incidence of very different. “

on the issue of resources and organic plants within courts, Orlando “is not an incisive question as regards the numbers on the prescription, but we started sending new staff to the courts and this year we plan to reach 2,000 more units assigned to the chancelleries. But there is an automatic cause and effect relationship, sometimes offices with high canopies have very low incidence, is not a mechanical link. “

From the data, as explained Orlando, the ministry Justice “puts at the disposal of Parliament” shows that the requirements for the past 10 years have reduced by 40%, but “have returned to rise in the last two years”, which could be explained by the impact of the start of the 2005 reform . the minister has in fact shown that the legislative action regarding limitation periods can be appreciated from the statistical point of view only after at least five years.

the ministry’s analysis shows that the prescription is done in 58% of cases at the preliminary stage of the proceedings, in 19% in the first degree, 18% in the Court of Appeal and only 1% in the Supreme Court.

as for the dynamics of the prescription in recent years, you notice how he fell in favor of the debate phase with higher growth in the Courts of Appeal. The impact of the requirement in the Courts of Appeal shows an even stronger growth when you consider that the definitions in absolute terms have increased more than 20% over the same period: in 2011 the incidence was 17.3%, in 2012 19.5% and in 2013 by 21.5% up to 23.5% in 2014.

Between 2014 and 2015 instead notice a substantial decrease in the Supreme Court requirements, both in absolute terms of incidence. The prescription for the offense in court shows that in 2013 for crimes against P.A. the impact of the requirement is 13.3%, while in 2014 down to 12.5%. there is an incidence of 10.7% while in 2014 by 13.2% as regards corporate offenses in 2013. Very low incidence for crimes of sexual violence, 0.3% in 2013 and 1.3% in 2014.

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