Il ceffone del referendum alle toghe, la Casta vuole dare le pagelle ai magistrati

Someone has already defined it as the end of a distortion, many others as the resounding slap that politics wants to give to the judiciary. Yes, because with the Yes to the fifth referendum question, the Italian robes will be subjected to an evaluation in which, contrary to what is happening now, not only the magistrates themselves – regardless of whether they play the role of judges or prosecutors – but also lawyers will take part. and university professors.

The slap in the face of the referendum to the togas, the Casta wants to give the report cards to the magistrates

The question that does not warm the hearts

The text of the gray ballot is rather short, very technical and probably the one that least ignites the spirits of the potential voters who will be called to the polls on Sunday. The title is “Participation of lay members in all resolutions of the Governing Council of the Court of Cassation and of the judicial councils”.

Without too many words, the aim is to achieve the full participation of all the members who make up the two different types of Council which are already made up of so-called toga members – endowed with all the powers – and lay members, i.e. lawyers and teachers. university students, to which some limitations are imposed by law.

Basically, at the current state of affairs, the latter have the right to vote only on some matters and among these does not figure precisely that relating to the evaluation of the work of the magistrate. Report cards, as more than someone calls them, which are transmitted to the High Council of the Judiciary, the self-governing body of the magistrates, and which are the basis of career advancements and salary increases.

Report cards to the prosecutors: the thirdness of the togas at risk

For supporters of the Yes, the question puts an end to a distortion. This is because the CSM is also made up of togates and lay people but here, unlike the Governing Council of the Court of Cassation and the judicial councils, all members share the same identical powers. For this reason, the promoters argue in no uncertain terms that “the current system of judging judges would be” in contrast with the spirit of the Constitution, which wanted that in the CSM there is a lay component with powers equal to the judges “.

Not only. Their belief is that the current evaluations, almost always positive, are vitiated by the fact that they are made by the magistrates themselves. A speech that apparently can make sense but that hides some pitfalls that Matteo Salvini & Co, promoters of the referendum, would do well to evaluate.

At this point, one wonders why the legislator has chosen to exclude lay members from making assessments on the work of the magistrates. And the reason, very trivially, is that we wanted to avoid creating dangerous mixes. Which? Simple, the lawyers would find themselves evaluating the work of the magistrates with whom they share the same workplaces, who investigate and judge their clients. An obvious short circuit that the legislator has rightly decided to avoid.

That things are so made it clear, in an interview on The printthe chief prosecutor of Catanzaro, Nicola Gratteriaccording to which what would be achieved with the Yes would be “a sort of external control over the work of judges in evaluating professionalism, recognizing the right to vote for lay members, including lawyers who are members of the Judicial Council”.

Something that, according to him, “is unacceptable both because we do not understand why our evaluation should also be the subject of an estimate by those who are not part of our category, but above all because in this way we are going to undermine autonomy and the impartiality of the magistrate “.

A criticism also shared by the Area Secretary, Eugenio Albamontewhich al Corriere della Sera he called the question useless “because three days after the vote the Cartabia law will be discussed in the Senate, which provides for the same thing” and later clarified his opposition as “the lawyer can find himself evaluating the judge who wronged him or reason a few days before ”and this must not happen.

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