The reform of the CSM is law. Here are the news.
BACK TO 30 COMPONENTS
The toga councilors rise from 16 to 20 and will be divided between 2 legitimacy magistrates, 5 pm and 13 judges. The laity become 10: today they are 8.
CHANGE THE ELECTORAL SYSTEM
The electoral system will be mixed: majority binominal, with a proportional share (to elect 5 of the 13 judges of merit). There are no lists, but individual candidacies, without supporting signatures. In each binominal college there must be a minimum of 6 candidates, of which at least half of the less represented gender: failing that there will be a draw.
ENOUGH WITH PACKAGE APPOINTMENTS
To prevent dividing agreements between the currents of the judiciary, the CSM is required to proceed according to the chronological order of the openings. In the name of transparency, the auditions of candidates and the online publication of documents and curricula will be mandatory. The members of the Disciplinary Section cannot be part of the Commission that deals with appointments: their presence is excluded also by the Commissions that decide on ordinary office transfers and for incompatibility.
STOP TO THE POLICY-JUSTICE REVOLVING DOORS
All magistrates who have held elective positions will no longer be able to go back to wearing the toga: they will be placed out of office at the ministry to which they belong or the consultative sections of the Council of State, the control sections of the Court of Auditors and the Massimario della Cassazione. Those who have not been elected will not be able to work in the region where they applied for 3 years, nor be the head of a judicial office, the prosecutor, the investigating judge and the gup. And it will no longer be possible to continue to be a magistrate while holding elective and governmental positions: leave is mandatory, without paychecks in the case of local offices.
CLOSE ON THE JUDGE-PM PASSAGES
Only one change of function from judge to prosecutor and vice versa will be possible in the penalty within 10 years from the assignment of the first seat.
REVOLUTION ON THE OUTSIDE JUDICIARY
Magistrates will be able to leave their role only after 10 years of effective work in the field and for a maximum of 7 years (10 for those seconded to constitutional and government bodies). The maximum number of outsiders will be lowered, now equal to 200, but the cut has not been quantified.
REPORT CARDS, MAGISTRATE FILE AND LAWYER VOTE
An ad hoc judgment arrives, graded in fair, good, excellent, on the ability of each magistrate to organize their work. And the vote of the lawyers in the judicial councils on the professionalism of the judges is introduced, but with some stakes: it will be unitary and possible only in the presence, upstream, of a deliberation of the Council of the Bar. The magistrate’s personal file will be updated every year (no longer every 4) with sample measures and statistics on the activity carried out: the novelty is that the results will also be taken into account, to have a full-scale photograph of the work, not for a judgment on individual measures.
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