Saturday, August 20, 2016

Towards a decree to extend the retirement age of judges – The Messenger

ROME The last change was two years ago, but came into force only in January, anticipating the retirement age for judges to 70 years. Then the government gave in, stretching, with an extension to 72 years, the maximum working time for the robes. Now Palazzo Chigi, or rather the president of the Council Matteo Renzi, would still like to move forward the age limit. At least for those who retire must go to the end of 2016, the temporary decree mainly concern the positions of the Attorney General of the Supreme Court, Pasquale Ciccolo, and the first president of the Supreme Court, John Canzio. It is discussed and the text could be brought already in the Council of Ministers next week. An idea that not everyone agrees. Not only in the robes, they would like certain and lasting criteria, but also within the government. It seems that the proposal is not accepted with too much favor even by the Ministry of Justice. And the issue is likely to become another hot topic of the next season.

THE DECISION
not a change to the law but a transitional measure, this would provide a decree that could come in the council of ministers next week and on which it would be right to push the president dl Council. In fact the present norm, wanted by the government Renzi, who has already passed a temporary extension to 72 years for togas, would involve a small earthquake in the court. But the fear of those who propose is that in the absence of an extension of the measures, which posticiperebbero the retirement age, will create “holes” in the court, in the order of 250-300 seats, and among them there are also positions weight as those of Ciccolo, and Canzio, class 45 which took office in December 2015, and would be to pack up after only one year, leaving vacant the guidance of the Supreme Court. So at first among the cases, considered to get around it, it was envisaged an ad hoc measure precisely for these two positions, which enabled Canzio and Ciccolo continuing. A road of this type, however, would be exposed to the risk of unconstitutionality and a wave of appeals. So the hypothesis seems to have been shelved.

A RULE LASTING
The National Magistrates Association is not opposed to the measure, but calls for a final rule to which they refer precisely to prevent the constant changes create problems in the organization of the offices. “It’s a very sensitive issue – explains Eugenio Albamontes, member of the Central Steering Committee ANM – are not opposed to an extension of retirement age, but it is definitely necessary to regulate the matter, especially for the proper functioning of the courts. For us it would be desirable a final court decision, the pension to 72 years seems a good compromise. The latest update has just come into force and now a transitional provision the organization would make it difficult. in the absence of certain criteria you can not even banish competitions for management positions, which certainly not everyone can play. We need long-term prospects. “

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