CSM, Bonafede: “About a year for the reform. Electoral rules immediately in force”. The new laity: ban on elections for ministers and parliamentarians


For the reform of Superior Council of the Judiciary it will take “about a year”. But the new rules on the election “will be immediately in force. There is the agreement in the majority“. To say it, in an interview with Print, was the security guard Alfonso Bonafede. The heart of the reform is the stop to the mixing of togas is policy. “The President Mattarella is right. I’m moving to fight the degeneration of current accountancy on the one hand, but also to raise a wall between politics and the judiciary on the other. Mostly there is harmony, “says the minister of justice. Addressing the ANM: “This reform is not against the judiciary, we do it for protect magistrates“.

Bonafede: “In the new CSM, we will bless democracy” – The tenant in via Arenula explains what is in the draft law: “The standard symbol of the reform provides that i magistrates who enter politics they cannot go back once the choice is made. We are also thinking of limitations for those who apply without being elected, “explains Bonafede. “The magistrate must not only be third. It must also look like that, ”he adds. With the new electoral law in the new CSM “we will arm the meritocracy, we will change the electoral system and the people who will be part of the disciplinary section will be different from those of the nomination commission “, continues the Guardasigilli. Which reiterates the no to the reset of Palazzo dei Marescialli: “If we we reset the Csm, the new one is elected with the old rules “. To demand the resetting of the Council has been these days Matteo Salvini: “It is bizarre – replies Bonafede – that someone wants reset the Csm and realize that there is a problem only when it concerns him. Moreover, if Senator Salvini had not brought down the government, we would already have had a reform of the CSM. ”

The reform project accelerated after the new earthquake that hit the judiciary on the wave of the diffusion of the chats contained in the cell of the former adviser Luca Palamara, ended up under investigation in Perugia for corruption. Conversations with magistrates and also with politicians who brought to light “la degeneration of the current system and the inadmissible mixture of politicians and magistrates“, As the President of the Republic pointed out a few days ago, returning to urge the reform of the CSM.

The news about the laity: they cannot be parliamentarians or ministers – In the drafts, in addition to the standards mentioned by Bonafede, the ban on members of the government he was born in parliament to be elected as lay members of the CSM. This is an important change because if this rule had already been in force in the past, neither of the last two vice presidents – nor the current David Ermini, nor its predecessor Giovanni Legnini – they could have been elected. In fact, the last meeting of the majority had registered the opposition on the ineligibility of the parliamentarians of the Democratic Party, of Italia Viva and of Leu. It is therefore possible that the standard will still be revised. Counselors, aldermen and councilors cannot be elected lay members of the CSM region presidents and the autonomous provinces of Trento is Bolzano and the mayors of the Municipalities with more than 100 thousand inhabitants. A choice that seems to place itself in the same perspective to close the revolving doors between politics and the judiciary, which is another of the key interventions of the reform. Those who have a political experience will no longer be able to return to wear the robe and those who apply without being elected will no longer be able to exercise their duties not only where they aspired to be elected but also in their judicial office of origin.

The other news: stop package nominations – Another of the planned changes concerns the same composition of the CSM (back to 20 togates and ten lay people) and the electoral law: it will be a double round with ballot with 19 colleges. In the first round, those who reach 65% of the preference votes will pass. In the new CSM there will be greater female presence because if each voter expresses more than one preference (three are allowed) they cannot be of the “same gender”. Other strategic rules are envisaged regarding the appointment of heads of judicial offices to ensure the transparency of choices. First of all they will have to be done according to strict chronological order, to avoid the so-called package nominations, occasion of under-the-counter agreements between the currents of the judiciary. All proceedings documents must be published on the CSM website. And before proceeding with the proposal, it will be mandatory not only to listen to the candidates in the hearing, but also to collect the opinions of the lawyers, magistrates and administrative managers of the judicial offices of origin. Former directors of the CSM will not be able to apply to executive positions for 4 years, for two who held positions outside the role. And always with a view to greater transparency of the nomination Commission, the directors who make up the Disciplinary Section will not be able to join. Also change the access competition in the judiciary: to take part in it, all you need is a law degree and the internship in the judicial offices will start even earlier, after passing the last exam.

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