The referendum on Justice was a real flop, with participation at an all-time low. Yet the Center-right in recent months has done everything to invite Italians to vote. Councilor Sebastiano Ardita, how do you explain that citizens have ignored these appeals and caused what appears to be a débâcle?
“The reasons are many and not only attributable to the disaffection of citizens for the referendums. In the first place there is the contradictory nature of the questions, which are so complex to understand and explain as they have no positive effects on the functioning of justice. It is worth remembering that there was one that envisaged the abolition of pre-trial detention for those who repeat crimes and one against the Severino law. Now you see a right-wing voter who goes to vote to prevent someone who has stolen his home from going to jail or to allow a mayor convicted of corruption to stay in the saddle? We are not talking about the referendum which purported to solve the problem of the currents of magistrates by abolishing a rule that requires just 25 signatures to run for the elections of the CSM. How can someone who does not collect 25 signatures get a thousand votes to be elected? Here are those who objected that these referendums were worth nothing, someone replied that they would have a political meaning of distrust towards the judges, legitimizing parliament to a strong reform action. So in summary: citizens elect their representatives not because they act with reform actions, but because they support referendums without rhyme or reason just to be encouraged to reform… ”.
What is certain is that the lack of a quorum in the referendum does not mean that Justice will not change. Indeed this week, at the end of a long process, the Cartabia reform arrives in the Senate. Many magistrates consider this reform ‘punitive’. What do you think?
“It is not a punitive reform for the magistrates, it is more so for the citizens. Justice will work worse and less effectively, the length of the trial will damage the victims of crimes, in the CSM the currents will be stronger, the lawyers will evaluate the magistrates who judge their clients. It seems to me a nice gift for the Italian people ”.
Among other things, the Cartabia reform addresses various points contained in the referendum questions. But in the face of the fact that the citizens did not go to the polls, how will the parliamentarians go on like nothing had happened?
“In fact, in my opinion, they can no longer go on because they played and lost a very dangerous match. If they wanted to make these reforms, what need was there to hear how the people think about the referendums? Instead now they are faced with an enormous fact. And that is that that tiny fraction of Italians who went to vote did not at all lead to an overwhelming affirmation of yes. Indeed quite the opposite. In the first two referendums on the Severino law and pre-trial detention, the Yes was just over 50% and in the others no overwhelming majority. If he adds that the overwhelming majority of those against it did not go to vote, he will realize the boomerang effect that has been created ”.
One of the issues addressed by the refenderum and also by the Cartabia reform is the separation of functions. With the minister’s text, only one passage in the penalty will be possible, from prosecutor to judge and vice versa, the passage will be allowed within the first 10 years from the first assignment. No time limit, however, in the civilian. How do you judge this solution?
“It seems to me a solution adopted by those who do not know the magistrates and have never attended the courtroom. The most guaranteed judges are those who have been prosecutors. And the reasons are many, both of a technical and psychological nature “.
There is no doubt that one of the priorities is to resolve the phenomenon of current accountism in the CSM which has given rise to unpleasant events. For some time there was talk of the draw as a possible solution, so much so that it was initially included in the Cartabia reform and then disappeared into thin air after the disagreements in the majority. What do you think of the draw?
“I think it is a radical – perhaps temporary – but indispensable solution to counter a deadly system of power such as that of organized groups. The problem is that politics has no interest in mitigating what is in fact a situation of dependence and ‘control’ of the magistrates. Politicians have every interest in exploiting the bad reputation of the currents to tarnish the entire judiciary, and to keep them alive in order to dialogue – in a position of strength – with the exponents of a vertical and hierarchically subordinate judiciary, albeit to an internal power . A horizontal and truly independent judiciary, externally and internally, is scary. That’s why they don’t want to introduce the draw.
One of the biggest problems to be addressed is that of the so-called revolving doors. With the new text, the magistrates who decide to ‘get down’ in politics will no longer be able to go back to wearing the toga. Does this solution convince you?
“It is a fundamental problem. I have always been of the opinion that a magistrate who is involved in politics should never go back. But the concrete solutions on incandiability do not all convince me. Fortunately, there are fewer and fewer magistrates involved in politics, but so it seems that politicians fear their competition ”.
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