Rome – The first president of the Supreme Court, John Canzio, speaking at the opening ceremony of the judicial year 2016 in the presence of President of the Republic, Sergio Mattarella, has taken a stand against the crime of illegal immigration which, is observed “act in a reflection of the Parliament and the government.” Illegal immigration, said the magistrate, “the response on the ground of the criminal proceedings has proved useless, ineffective and harmful for certain profiles, while the replacement of the offense with an offense and penalties of an administrative nature, to the more rigorous expulsion, would give concrete results. “
The replication policy came from the secretary of the Northern League, Matteo Salvini:” The crime of illegal immigration works in half the world. If the judges were working more and did less political processes They would do more quickly. ” On the sidelines of a conference on “sealed” with Marine Le Pen in Milan, Salvini said also unsafe Schengen Treaty on free movement within the EU, in the light of Sweden’s decision to expel 80 thousand asylum seekers. “If a left government refusing to grant asylum to those people means that Schengen is dead, finished. If you control all the borders and we are not the only ones to do it, who knows where they will end all these people. Some man at Brenner , Ventimiglia and the border with Slovenia would not be bad. “
Justice, what Italy needs . In his speech, Canzio indicated in justice, legality, efficiency and effectiveness of the jurisdiction the things that Italy needs and that people are clamoring for. “The country demands that the law be applied evenly and quickly and that everyone has an equal treatment in similar cases or similar”. The president opened his report with a wish: “I really wish that the ceremony for the opening of the judicial year was not considered a simple rite, in solemn form, but repetitive and therefore useless in the substance, but could score a space reflection and dialogue and transmit to the national community a message of hope, trust and commitment to a more fruitful season of Justice. ” For this to happen, we also need “a judiciary open that did not retreat in the face of such rapid changes” and “efficient justice to affirm the rights and ensure the effectiveness of citizens’ freedom,” said the vice president of CSM, John Legnini.
Illegal immigration. against illegal immigration, “the response on the ground of the criminal proceedings has proved useless, ineffective and harmful for certain profiles, while the replacement of the offense with an offense and with administrative sanctions, up to the most rigorous expulsion, would give concrete results, “he stressed Canzio, noting that the issue is” under way a reflection of the Parliament and the government. ” “We will work within the framework of a redefinition of the rules governing the issue of migration for the overcoming of the crime of illegal immigration,” he reiterated also the Keeper Andrea Orlando, who insisted on the need to avoid “any conflict between social rights and civil rights, between religious faiths and political beliefs, between believers and non-believers. It is so avoided the tearing of the legal relationships to which our freedom “, stressing that” the political significance and ideal Schengen is here. And we can not give it up ” . For the minister, “new causes for concern, new dangers to security and personal freedom are unfortunately the terrorist threat”, but “the strengthening of judicial cooperation and determination that we support the introduction of new offenses did not result in a weakening of the system of rights and guarantees “.
What is essential the removal of barriers is also convinced the pg Pasquale Ciccolo:” It is an essential information against a criminal context, like that of the International Terrorism featuring ‘molecularity’ structures and ‘pulviscolarità’ of conduit, consisting of ‘non-State’ and ‘undefined territories’, it becomes essential to unify the collection of information, allowing timely sharing of intelligence, to coordinate their use and, finally, developing computer systems and analysis that take into account the complexity of big data, ie the system of information on organized crime of any kind. “
Terrorism. Canzio also spoke of terrorism, stressing that “all forms of organized crime or terrorist group, including the international jihadist”, must be conducted “in accordance with the rules established by the Constitution and laws of the State”. “Otherwise we would betray the memory” of the magistrates’ fallen in defense of the highest democratic values ”and” we would honor the oath of allegiance that we have paid. ” John cites Canzio first Emilio Alessandrini (which marks tomorrow the 37th anniversary of his death), “owner of the investigation into the massacre of Piazza Fontana and the terrorism of the left and right, shot dead by a focus group of Forefront” . And Guido Galli, Mario Amato, Giovanni Falcone and Paolo Borsellino, along with “many judges victims of terrorism and the mafia.” Were not “heroes (like never wanted to call), but a reference model to which every judge should be inspired by the message of hope, trust, power of reason and democracy against violence and the rantings of those in which lurks the ‘heart of darkness’, drawing from their shining example as a warning for the legitimacy, credibility, authority of the jurisdiction. “
Prescription . The President of the Supreme Court has devoted part of his relation to the amendment of the institution of prescription, as it has been modified, said Canzio, “unreasonably he continues to project its effectiveness also in the process, after a successful exercise of criminal or even after it has been pronounced the sentence of first instance, while it would be logical, at least in this case, that the Legislature he foresaw the weakening “.
Independence as collateral. The first president of the Supreme Court, then, pointed out the importance of the independence and autonomy of the judiciary, in order “not to appear as a prerogative or privilege of the magistrates, but as the guarantee of citizens . In a state of law – he added – the autonomy of the robes is essential to the fair and impartial application of the law and equality before the law “.
Supreme Court in crisis d ‘identity. Finally the figures: for Canzio “the Supreme Court is in a state of deep crisis and visible operation and identity. It also moves along a ridge dramatic. The route will be reversed – more – only with decisive and rapid intervention reform and self-reform. ” He explained: “The statistical data, updated to 31 December 2015, marking the failure of a strategy to deflation slope and the heavy backlog by the mere increase in productivity, up to the limit of exhaustion of the energies of the judiciary and the personnel “. In the civilian sector, “in 2015 emerged the stability of the high number of entries (29 966); the increase of slopes up to the current 104,561 (+ 3.8%); the increase to the average duration of 44.4 months procedures; the unsatisfactory indices parts (87%) and disposal (20%); the inability of even the highest rate definition (-7.1%) and productivity of the individual judge (215.7 measures, the 5, 6% less) to cope with the impact of the application, because the now having passed the limit of use of the resources of “. Even in the field of criminal law, “in the face of a contingent of 56,539 appeals (-4.1%), deletions, despite the increase in productivity of each director approach the occurrence but not exceed it. So that the slope increases to 35,980 procedures (+ 5.4%). ” However, concludes Canzio, “the average length of proceedings (7 months and 9 days) remains below the European threshold”, while “the pace of inadmissibility of the appeals remains very high (64.2%), and the rejection was 14.3%, with the cancellation or postponement are not 19.3%.
No changes to continuous . The president of the Supreme Court has also launched an appeal to avoid frequent changes to the rules: “It would be desirable that the legislature refrained from intervening in the legislative fabric with frequent changes too often inspired by logical emergency unwary profiles systematic dell’ordinamenmto”. They are necessary, however, by the legislature, “clear rules , precise, understandable and knowable. “
Guarantees do not go snipping . The wastes should be eliminated, but the savings at all costs must not damage the quality of the Italian jurisdiction. The call comes from the president of the president of the Bar Council, Andrea Mascherin: “You have to abound the idea – said Mascherin – that democracies will measure only in GDP rather than in the degree of social equity and must give up the illusion that snipping sets of proceedings or prescribed time can be a solution rather than be mere announcements. We can not consider the legal aid State – he added – a waste or share that action is taken on the Pinto Act “on compensation for unreasonable length of proceedings” with red pencil accountant rather than with the pen of a lawyer. “The solutions to ensure access to justice for citizens, without that there will privatize or to select access to wealth, “as is unfortunately happening”, there are the Attorney General and is available, said the president of CNF.
No comments:
Post a Comment