• Fri. Oct 22nd, 2021

Reale (Anm): “Government unable to reform, yes to the referendum”

Byeditorial

May 8, 2021

He immediately stated that he speaks “on a personal basis” and not in the name of the representative of ArticoloCentouno101 in the National Association of Magistrates, of which he belongs, but Judge Andrea Reale, investigating judge at the Court of Ragusa, says he is convinced that “this government does not he will be able to carry out a reform of justice, in substantial and effective terms, against the current evils. I am really pessimistic “. And that the referendum for the reform of justice, as proposed by the leader of the Lega Matteo Salvini with the Radicals, is “the most democratic and respectful way also of the concept of justice administered in the name of the people”. “But we cannot confuse the plans – warns Judge Reale in an interview with Adnkronos – And, above all, we need to see the question in the terms in which it is asked and whether, in some way, this kind of referendum can pave the way for other attacks on the independence of the magistrate. In short, I would not want people to go from the frying pan to the grill … “. “There is a risk” for the Royal Judge “that a sort of external control of the judiciary may be justified with constitutional reforms of the jurisdiction”. “We believe that the Constitution should not be reformed, as far as jurisdiction is concerned – he says – We complain about the electoral system for the choice of the toga component of the CSM. Because having transformed the CSM into a political body was an aberration and also against the spirit of the constituent fathers. But from there to increasing, as I read, the criminal responsibility of the magistrates, there is some. Also because the responsibility of the magistrates already exists. There is no magistrate who does not pay, it also ends up in prison, like all citizens. A judge goes to prison if he makes a mistake. On civil liability, on the other hand, I remember that there has already been a referendum that allows and exposes the magistrate to pay any compensation through the Ministry of Justice, a fundamental formula to guarantee the independence of the magistrate. There would be, in case of direct responsibility, the risk of undermining the serenity and impartiality in the judgment. And it does not work. action of justice in its declination of impartiality “. And on the referendum he says again: “I like the referendum tool, even within the association. For example, we believe that it is a fundamental tool to finally give a voice back to the base. Citizens too can be called to speak on the issues of justice, but first of all we need correct information “. ‘Amara? We must be careful of poisoned wells and know how to discern ‘”Unfortunately in Italy the information leaves something to be desired. And at the moment there are very strong restrictions. This I must admit – says the investigating judge Reale – For example, it seems absurd to me that the public service did not talk about the scandals of the judiciary as he should have done in these two years. This is something that I consider very serious. Just as many facts are belittled. Instead, great transparency is needed. The media should be democratic and open and this is not there at the moment. There are currently clear limits to freedom of information. ” “He would have had the duty to keep the tension high on the affair, because it is very very serious, in addition to the damage we have already suffered from the uncovering of the current system that we already report damage, the denunciation of a secret association capable of controlling substantially subversive, including constitutional bodies “.” The alleged secret association must be clarified, it must be ascertained whether the statements of the lawyer Amara are founded – the judge of Ragusa still says – in the case of Dr. Palamara the statements of Amara have been considered reliable, now instead it becomes unreliable. Let’s think about certain statements he has made. You have to know how to discern, you have to be very careful about poisoned wells. There are also revenge that he could carry out with his complaint. It takes maximum prudence but also strength and desire to investigate on such sticky matter “. Speaking of the former councilor of the CSM, Piercamillo Davigo, who received the minutes of Amara from the prosecutor Paolo Storari of Milan, but who did not forward them to a higher authority, Judge Reale explains: “Unfortunately Davigo was very disappointing, especially for that part of the judiciary that has always believed in him as a symbol of legality and respect for the rules. It was a great fall in style and credibility. He has embodied the judiciary in recent years, his image has been fundamental for the associated judiciary. One cannot expect such a smudge from him, which is why it still hurts much more and more ‘shriek’, more noise, as we say “. ‘The question and answer between Davigo and Ardita was not a good image for the judiciary’ And referring to the question and answer between Davigo and Sebastiano Ardita, mentioned in the minutes of Amara as a member of the lodge ‘Hungary, a circumstance denied by the magistrate, Reale says : “It was not a good image for the judiciary.” “We have demonstrated all the internal conflict within the judiciary, even if the critical observations that Councilor Ardita made to Davigo in terms of method must be shared”, says the investigating judge. “Even the bickering between Luca Palamara and Judge Alfredo Robledo on TV was not a good page. There was hatred, I remember the story perfectly and I understand Robledo’s state of mind towards Palamara. What emerged is the profound division and internal hatred, which is the worst image we can give, show that there are fights between magistrates and between those who are part of the system and those who are extraneous to it; this is not at all reassuring for citizens “. “If we are discouraged from the inside, imagine what the reaction of the citizens might be, but now we must react – says Andrea Reale – we must have the courage to do ‘violence’ to our modus agendi and our cultural setting, I mean to the currents of course. We must have the courage to reform. And they must take a step back from all positions of power. Councilor Ardita said this in recent days and I subscribe to it. Give up power. We must free the CSM, the Ministry and i institutions by the exponents of the currents. It is hard but it is a cultural reform that must be carried out. “And he launches a provocation:” We amnesty of all the conduct of the current system, all the people involved will not suffer sanctions, but for a reasonable period of time – for example 10 years – they will not they can have no representative or associative or institutional role or managerial roles. For us it is inconceivable that a magistrate from whose chats it emerges that he brigated for his post, is still sitting there today, after having illegally and illegitimately stolen the apical function from colleagues who probably deserved it more than them. Repent and take this step back. It would be a gesture of reconciliation with the citizens in the first place and with the magistrates who are an offended party in this system “. ‘I am demoralized, I have not yet seen this jolt'” I am very disheartened, because I have not yet seen this jolt, this a reaction that I consider natural and that I also live in a very strong human way “, adds Judge Reale. A state of mind that according to the magistrate” can affect everyday life, I identify myself in the shoes of the younger magistrates. Like all magistrates this is a job for which enormous sacrifices are made before and, above all, after the studies. I don’t have to deal with the currentocracy every day, I am confronted with the disputes I have to resolve. But I think of the young people who are disoriented and disheartened, because they understand the difficulties of not having points of reference in the institutions, in the managers of the offices, in the associative groups, they scrutinize all these opacities and this system risks being demotivating and demoralizing for them “. then the interview released by former minister Claudio Martelli, according to which the cancer of the judiciary lies in the ANM and must be eradicated “, Judge Reale says:” For me, freedom of association is sacred and those who made the fight say so one of his reasons for living to current accountism. The question for me is not to eliminate the Anm but to reform the currents “. “If there is a strong action to be taken, this is only to prevent currents from entering the institutional buildings, so that they remain only cultural engines of judicial policy or the exchange of ideas, a place of confrontation, but not empty centers of power, sources of patronage, subdivisions and divisions, such as political parties “. And he reiterates that the proposal to Parliament and the Government of the reform of the electoral law for the CSM “is shared by the entire Article 101 Group”. “In terms of randomness with the draw as a form of selection for the passive electorate and this I can also say on behalf of the group – he explains – And the other reform that in our opinion is fundamental is the elimination of the power of appointment in offices directive and semi-directive by the CSM. A criterion that allows the magistrate with a certain length of service to be able to organize the office where he serves for a reasonable period, at least two years – The Mastella reform has exaggerated the judicial activity and in general also the organization of the judiciary within the offices. This is a concept that must be overcome. Because the magistrate, also for the Constitution, indeed above all for the Constitution, can differ from the other only in the functions exercised. the constitutional structure of the judiciary. It is part of the Statute of independence, internal and external, of the judiciary. Because you cannot have a boss, if not in terms of office organization “. Meanwhile, the controversy over the judiciary does not subside. (by Elvira Terranova)