The speech of the President of the Cassation
Milan , January 28, 2016 – 08:55
“It would be desirable that the legislature refrained from intervening on the fabric with regulatory changes too frequently, often inspired by the logic emergency unwary profiles systematic order. ” At its public debut in front of the head of state and the highest public office, in the opening speech of the judicial year 2016, the first president of the Supreme Court John Canzio, appointed a month ago, also launched a clear message to the political and its institutions: the administration of justice is too serious and delicate matter for interventions that are not thought out, rational and measured in their consequences. Even listening to what is represented by judges applying the law.
The crime of illegal immigration
Canzio speaks directly to the government and Parliament citing” two examples current affairs “: the crime of illegal immigration and the prescription. On the first point, “there is no doubt that the response of the criminal proceedings on the ground proved to be unnecessary, ineffective and harmful for certain profiles. While the replacement of the offense with an offense and administrative sanctions, up to the most rigorous expulsion, would give concrete results. ” The controversy is very recent: all legal practitioners “flunk” the crime introduced in 2009 by the center-right; the current Parliament had decided the decriminalization but the government Renzi has stopped for fear that the public would have had a bad “perception”. Now the first judge in Italy returns to the subject and calls for a new reflection, we will see with what effects.
Prescription
“The requirement – continues Canzio – has repeatedly stated that it unreasonably, continues to cast its effectiveness even in of the process, after a successful prosecution or even after it has been pronounced the sentence of first instance, while it would be logical, at least in this case, by the legislative foresaw the weakening of the effects. ” On this issue, the government has submitted a proposal which “freezes” the time (respectively for two years and one year) after the sentences of first and second degree, but the differences between the Democratic Party and New center have so far prevented the approval. The data on the procedures that go up in smoke for the trap of prescription (abbreviated from another government reform center-right) continue to “cause concern”: the first six months of 2015 were prescribed 16,362 processes at first instance and 11,903 on appeal; around 2014 were 23,740 and 24,304 respectively.
From magistrates: “Balance and moderation in language”
The President of the Supreme Court defending the interpretation of the law by the courts, and at the same time recommended to judges to exercise their functions with” balance and moderation in the language, sober behavior, loyal cooperation with the institutions’ . The Supreme Court have the task of standardizing the interpretation of the rules, but it’s an institution “in profound and visible crisis of functioning.” The new cases arriving each year continue to be more than those disposed of “in spite of the increase in productivity of each director”: in 2015 produced an average of 487 steps each. But in the civil sector are about 105,000 cases opened, and the average length of a trial in the last degree of judgment has come to three years and eight months. A public debt that judicial second Canzio be addressed through “a special plan with the backlog of.” For example with the review of the special jurisdiction in the tax area, which accounts for 32.7% of the slopes: the best sections in courts and courts of appeal. In the criminal area, the first president hopes for a quick approval of the government reform to the Senate, which is expected to reduce and streamline the appeals of judgments.
“Necessary self-reform path ‘
In any case, concludes Canzio, «we judges have a duty to initiate a virtuous path of inner self-reform that, even before of the desired intervention, leveraging the capabilities of self-organization.” It remains, however, appeal to the government and parliament, called to “apprestare all necessary measures” to better functioning jurisdiction. That can not be reduced to “mechanical exercise accountancy numbers” or to a “soulless naked for efficiency that is likely to bend the noble constitutional horizons towards an unacceptable pattern of magistrate-bureaucrat, more concerned about the defense of their status that the protection of the rights of others. ”
January 28, 2016 (modified January 28, 2016 | 09:55)
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