Justice: Ocf lawyers, ‘referendums can promote reforms that the country needs

The Congressional Forensic Body welcomes the decision of the Constitutional Court to accept five of the referendum questions on justice, a choice which, while leaving the evaluation of extremely technical issues to the popular will, can favor that strong reform process, even in parliament, invoked. from many sides and most recently with strength and authority from the Head of State. On the other hand, the decision to declare inadmissible the question on the direct civil liability of magistrates, which might have contributed to preventing certain drifts of the judicial system, is regrettable. “The referendum process is not necessarily in contrast with the reform process of the judiciary initiated by the Council of Ministers, soon to be examined by the Chambers – explains the OCF coordinator, Giovanni Malinconico – indeed we know very well that very often the Legislator tends to intervene before a regulatory vacuum is created “.” In general, as a political representative body of the Italian Bar, we cannot but positively evaluate the fact that such important topics return to the center of the country’s political debate – continues Melancholy – On some questions, I am thinking of the abrogation of the provisions on the subject of incandiability, we have not pronounced ourselves; others, on the other hand, from the limitation of precautionary measures to the separation of the functions of the magistrates, up to the elimination of the lists of presenters for the election of the togates of the CSM , are issues that have always been at the heart of the forensic world, as indeed the central element of lla composition of the judicial councils. Addressing them in an organic way by listening to those involved in justice is an option, but in the absence of direct intervention by Parliament, the other way is also fine: popular pronouncement, capable of cutting cleanly the Gordian knot of corporatism of a part of the judiciary”.