Justice, EU warning: “Gardabia reforms put processes at risk for corruption and independence of judges. Closer monitoring needed”

Reform of Criminal investigation from Marta Cordabia put at risk”Efficiency of judicial systemSomething “you’ll need”. Close monitoring To ensure that Corruption investigations They are not automatically interrupted at the appellate stage”. While the judiciary’s “risks are involved Unwanted influences On that dayIndependence of judges“. These are serious considerations European Commission is included in the chapter devoted to Italy Statutory Statement 2022, among others – an annual document that analyzes developments in the judicial systems of member states, making specific recommendations up to this year. Brussels rejects the most controversial aspects of the two reforms signed by the Draghi government’s justice minister, about which they raised alarm in Italy – unheard – and 5 star operation thatNational Association of Magistrates And this High Council of Judiciary. The report recalls that the reform of the criminal investigation was “adopted on the basis of the commitments made by Italy as part of the recovery and resilience program aimed at improving the quality and efficiency of the judicial system”. risk doing instead We lose points in our country Based on effectiveness of crime suppression and respect for separation of powers. Let’s see why.

The new law, approved in September 2021, introduces the controversial mechanismInadmissible It ends after criminal investigations for two years At the appellate level e A year in the Supreme Court (except for particularly serious crimes and the four-year interim period for which the terms are extended). According to the report, “the new rules require close monitoring to ensure that the efficiency of the judiciary is maintained. The reform – recalls Brussels – includes rules applicable to crimes committed after January 1, 2020, which introduces maximum time limits for the completion of investigations in the Court of Appeal and the Court of Cassation, otherwise the case will be dismissed “. And “corruption investigations are on appeal They automatically expire after two years, until the judge requests an extension. Hence close monitoring will be required for implementation of the reform Regarding the fight against corruption, especially the appeal scale”, is realized in the final recommendations. New measures, in fact, “risk a Adverse impact on criminal investigationsespecially those that are in process, can be automatically interrupted “. For this reason, “Although exceptions and transitional measures have been introduced, close monitoring at the national level is required to ensure the effectiveness of the judicial system. A perfect balance Between the new rules and the security right, i Rights of victims and the public interest of an efficient penal system”.

The commission also has harsh words Reform of the Judiciary and the High CouncilJustice system, which became legal in June after a nearly year-long pregnancy. “The CSM and other interested parties – recalled the document – ​​have expressed concern over the fact that certain provisions lead to a rule.Undue influence on judges. (…) In particular, the law introduces the professional evaluation of judges, which will consider, among other things, the achievement of the results expected by the managers of the courts, as well as the possibility of initiation.Disciplinary action Maybe Failure to accept Guidelines for managers on how to reach them. (…) Also, professional evaluation takes into account Confirmation of sentences In subsequent degrees. (…) These forecasts are aimed at increasing efficiency, but have been criticized by CSM and ANM Hierarchy of Offices The possible use of disciplinary proceedings as a tool to keep the judiciary and magistrates under control”. addiction “There is a risk of undue influence on the independence of judges,” he warns. “The search for high efficiency, according to European standards It should not compromise the independence of the judiciary“.

in’Summary The report also recalls that “various bills are aimed at strengthening” in our country Prevention of corruption is still suspended”, quoted as saying Lobbying Act Stalled in the Senate after approval in the House, the draft law on conflict of interest and failed to replace a European directive Whistle blowing. “Brussels has once again warned Italy that it is delaying the ratification of two fundamental laws that promote public integrity and strengthen the antidotes of democracy in our country. Unfortunately, the Conflict of Interest Act, which has been stalled in the House for months, can only be revived with the consent of all parliamentary committees. Debate on the bill, approved by the House last January, is now being considered by the Senate amid repeated adjournments and risk. Often there is insufficient provision. For once, let’s ask Europe: let’s immediately approve the law on lobbying and restart the conflict of interest process,” says Federico Angele, head of the NGO. Nice lobby.