Candidarsi al Csm senza raccolta firme, sul correntismo il referendum ha le armi spuntate

After scandals and poisons that have engulfed the CSM, the fifth question of the referendum promises to scrape the ‘problematic’ system of currents. It does so with the green card entitled “Abrogation of rules on the elections of professional members of the Higher Council of the Judiciary” and which has the declared objective of limiting the excessive power of the currents, in some ways similar to political parties, which conditions the composition of the self-governing organ of the togas, giving rise to some distortions among which the most evident is that of the Carbonari encounters between togas and politics in the so-called Palamara system.

Candidate for the CSM without collecting signatures, the referendum on current accountancy has blunted weapons

It is a gigantic problem that of the influences that the various currents can exercise that the referendum, at least according to the proponents, would be able to limit with the sole modification of article 25 paragraph 3 of law 195/1958 which governs elections to the CSM. At the moment, those who want to apply for a director can do so by depositing a collection of at least 25 signatures, taken from their colleagues.

How do the promoters of the referendum believe they can limit the power of the currents? Simple, by deleting this collection of signatures so that those who want to stand as candidates simply have to submit an application to the electoral office, with an attached “declaration with authenticated signature by the President of the Court in whose district the magistrate exercises his functions”.

THE HOT PAN

If the problem were so simple, one wonders why for decades we have been discussing ways and systems to stem the excessive power of the currents in the self-governing body of robes. Nevertheless Matteo Salvini, the League and the Radicals, seem convinced that such a small modification can change the cards in a decisive way. How we can be convinced of all this, however, is a mystery.

Indeed to put it very bluntly, one cannot but be skeptical about the result of this question because the requirement of 25 signatures is easily reachable by anyone, even without any support from the currents, given that the reference audience is equal to 9 thousand voters.

But even if we want to pretend that all this could put an end to this age-old problem of currentism, the fact remains that the referendum question in question is literally useless. How come? Because the abolition of signatures is already foreseen by the reform of the CSM of Minister Marta Cartabia on which the go-ahead of the Chamber has already arrived and on June 15 will land in the Senate. In short, it seems that regardless of everything and everyone, the abolition of the collection of signatures will be law.

Despite what is believed, this modification is not frowned upon even by experts in the sector. Among these, the professor and lawyer stands out Franco Coppi which, in an interview with Corriere della Sera, he explained why, in his opinion, the question is substantially useless: “As long as magistrates are part of the CSM, even if drawn by lot, games, tricks and games will be proposed again. But they are complex and delicate problems. Parliament has to deal with it ”.

In short, if the intention is to scrape the current account, then for Professor Coppi it is a foretold failure. “This question is a mystification because we are talking about the reform of the CSM while in reality it does not affect the Superior Council of the Judiciary in any way except in the possibility and in the ways of the magistrates to run as candidates within it. Adding or removing these 25 signatures won’t change anything, ”he explains to Sky Tg24 the Area Secretary, Eugenio Albamonte.

After all, he concludes, “it does not take an organizational machine to collect 25 signatures, just take a walk in the corridor of the office where you work and in half an hour or three quarters of an hour you will find support for the candidacy. It is not with this modification that power is removed from the currents ”.

That collecting such a quantity of signatures is easy even for those who are not part of the currents, the former councilor of the CSM also firmly affirmed. Piercamillo Davigo according to which to succeed “you just need to go to the bar a few times” in the office where you work, for this reason “the promoters are either naïve or pass off a useless medicine as a remedy for bills.”

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