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Reale (Art. 101 Anm): “Reform resulting from an incestuous relationship”


“The much-hoped-for justice reform seems ready to be given birth, although the natural parent does not coincide with the registry one. An illegitimate child, not to mention the fruit of an incestuous relationship”. To compare the Cartabia reform to the “fruit of an incestuous relationship” is Judge Andrea Reale, representative of ‘Article 101’ on the Central Steering Committee of the Anm. Article 101 is the group born after the Palamara case, in controversy with the currents of the judiciary. “The legal father, the Parliament, has completely abandoned his role and his responsibility, which derive from article 108 of the Constitution, to give up his reserve of” parenting “in favor of the liaison between the executive power and a haggard number of representatives of political parties in the Justice Commission of one of the branches of the legislative assembly “, adds the Royal judge in an interview with Adnkronos. “It is a pity that the warnings of the Head of State have gone to be blessed – adds the magistrate – It is also a pity that the President of the Republic, who also chairs the CSM, has not intended, in recent months, to follow up and listen to those dozens of magistrates who from the time of the explosion of the “Magistropolis” had asked for a decisive and effective intervention and / or who had tried to suggest, from within the judicial order and from the part extraneous to the logic of current membership, the way to avoid what today is under the eyes of all “.” Rather than eradicating currentism and restoring credibility and authority to the function performed by the magistrates, in fact, the government bill, with all the “incestuous” amendments born from the barter between the antagonistic party factions , on the one hand it will enormously strengthen the power of the currents within the CSM, on the other hand it will subject the autonomous and independent exercise of jurisdiction to the stringent burdens ocratic of dependence on the head of the office, statistics and returns, all harbingers of a deadly jurisprudential conformism “, underlines the judge Andrea Reale.” The draw at the CSM will involve a jump back to the end of the 90s ” ” use of the draw of the constituencies will lead to a leap back, to the end of the 90s of the last century, that is, a return to the full splendor of currentocracy – explains Reale – Assigning the driving force to the constituencies of the largest districts, together with a majority electoral law , means intentionally handing over the Superior Council of the Judiciary to the overwhelming power of the associative groups, which act as real political parties and which have distorted the technical nature and impartial character of this organ of constitutional importance “. For Andrea Reale the Cartabia reform represents “A return to the past that means rewarding the system of currents, aggravating its mono polio within the institution and, once and for all, decree the illegal occupation – this yes, extremely unconstitutional and offensive – of the autonomous government of the judiciary “. “Truly a debacle, which induces magistrates unrelated to current and partitioning logics to pray that it will never be translated into law and that the President of the Republic refuses to promulgate an act that highlights profiles of obvious unconstitutionality (sub articles 101, 107 and 108, just to mention the most evident ones) “. And again:” As for the second profile, the abolition of the payable charges and the introduction of controls by managers on the organizational and working capacity of the individual, the report card and the performance file of the criminal magistrate, the entry of the Advocacy’s judgment in the evaluation of professionalism, the substantial separation of careers, all innovations introduced with the bill reduce to a faint the glimmer of internal independence that remained in the hands of individual magistrates “. For Reale “they aim to strike above all the healthy and hard-working part of the judiciary, the one that had remained extraneous to the clientelist logic of currentism, reducing it to a mass of indolent, if not fearful, travet, more careful not to displease the internal master than, subjecting only to the law, to resolve in science and conscience the concrete case submitted to him by the citizen “. ‘The real function of the exercise of jurisdiction is annihilated'” The fratricidal struggles fought for decades by the potentates within the judiciary, limiting themselves “only” (sic !) to the occupation of executive and semi-executive posts and to any prestigious institutional chair, they had not yet managed to harness the internal independence of individual magistrates in the performance of their functions – adds judge Andrea Reale – Today this result brilliantly succeeds in bringing him to fulfillment of the policy and the executive in particular, directly intervening on the exercise of the jurisdiction, annihilating its real function of resolving disputes between private individuals or that of controlling and repressing criminal deviance, to place the judge under the throne of political power, internal and external, domesticating his decisions, directing the content of the measures, inducing to reward the personal opportunism of the judge or the Public Prosecutor more than, respectively, the just and “third” decision or the obligatory and obligatory criminal initiative “. (by Elvira Terranova)


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