CSM: Italy meritocracy, ‘focus on merit and not on currents’

“For years we have been talking about the reform of justice and with it the reform of the Superior Council of the Judiciary. After much discussion it seems that this topic” burns “at the mere thought, making every proposal an ambition. The time has come to give value to the judiciary of merits, to those judges who know the sacrifice and responsibility of their work to which they dedicate all their energy “. Thus in a note Meritocrazia Italia. “The assumption that the reform of the CSM would be aimed at weakening the Judicial Body – he explains – has always been wrong. This is not the case and should not be so. The career of the Magistrate should be valued, not as an exaltation of the curriculum by of their colleagues, but through data that cannot be refuted, such as the percentage of reform of their provisions (for the judiciary judiciary) or the confirmation of the conviction of the presumed offenders (for the investigating one) “. “In this way – notes Meritocrazia Italia – a real scheme of hierarchy of robes would be created, avoiding the development of the politicized phase in the currents that could benefit some less deserving subjects, to the detriment of others. It is certain that the currents within the judiciary represent, in any case, important moments of confrontation and growth and not for this reason should be opposed if the political implication of the elections to the CSM and with it the Appointments for managerial positions could be eliminated. It is the task of the legislator to intervene to quell the politicized part of progression of the careers of the Magistrates by benefiting skills and real performance. It would therefore be essential to design an election system that rewards merit over membership “. Meritocrazia Italia “has already advanced the details of a reform of the CSM which envisages the election by lot of the members, among subjects included in a selection list based on merit, composed on the basis of the following requisites: Minimum length of service continuous of 10 years; having held semi-managerial and executive roles; having obtained a reform percentage of their sentences not exceeding 20% ​​of the total of the measures issued in a judicial year (for the judicial judiciary), with the same, speculating mechanism for the percentages of acquittal of the alleged offender with full formula (for the investigating magistracy); Not having received disciplinary sanctions in the last 5 years “. Furthermore, Meritocrazia Italia explains, “implement the reform of the separation of the careers of judges (judge and investigator), with guarantees of autonomy and independence for both, right from the competition phase; give effect to art. 6 of the Code of Ethics of the Judiciary) , requiring magistrates and legal practitioners to refrain from participating and making statements in television broadcasts, in order not to compromise the correct performance of the judicial function, with useless spectacle and debasement of their activities; the Government, in the person of the Minister of Justice, and to the entire political class a serious intervention that can reconcile the judicial power with the prestige and authority that the Constitution attributes to it “.