The former judge spoke by video link in the room this morning during a Justice Committee meeting Carlo Nordio He expressed his opinion on the draft laws related to the Arab Republic of Egypt Judicial reform Adaptation of the military judiciary.
The Constitution and the Penal Code
For the former Deputy Prosecutor of Venice, the Italian Criminal Procedure Code of 1989, known as Vasali manuscript, Is derived from‘A completely different accusation system’, Because it is located on the one hand “Discretionary freedom of prosecution, retractability, and an elected attorney general as in the United States, or as independent as in Great Britain”While in our country “The public prosecutor enjoys tremendous power without assuming any responsibility because he has guarantees for the independence and independence of the judge.”.
Precisely for this reason, the former judge explained, the incompatibility was concretely demonstrated when “The Constitutional Court has begun to demolish this Code of Criminal Procedure, and it has continuously revoked it.”. In practice, Nordio added, “All the efforts that are being made and are still being made, even within the judiciary and the formation of the National Security Council itself, are enormous efforts, but they are useless, or at least largely useless, because our constitution and our Code of Criminal Procedure, is our judicial system, do not agree with each other. “. The constitution It would be too rigid for Nordio and inconsistent with CPL, so the only way forward is to change one of them.
“ Although our constitution, although it is anti-fascist and the Constitution of 1948, it was built keeping in mind the procedural system in force at that time, the Investigation System of the Rocco Constitution, so it bears with it all the characteristics of this law, including unity. Functions, the unit of jurisdiction between a truth judge and a judge of law, the mandatory nature of criminal proceedings, etc. ”, continues the former Deputy Attorney General of Venice.
Judge: Jurist and director
Nordio specifies that when evaluating a judge who aspires to managerial positions, it is essential to take into account not only his ability as a judge but also any managerial skills, which are two characteristics “It doesn’t always match. He might not be the outstanding jurist who writes excellent judgments and has an excellent legal culture.” Equally excellent Administration. When such a situation occurs, one finds himself in completely opposite condition to the one previously conceived: “I said earlier that public prosecutors have powers without responsibility, so here judges are in the opposite position. They have responsibilities without powers. Why? Because in which company are employees appointed and evaluated by the entrepreneur.”. On the contrary, in the judiciary “The judge finds himself having to deal with those quantitative few and often quite heterogeneous resources, to say the least, that are bestowed on him from the outside.”. This means having to deal with cases of responsibility that are not directly attributable to him, “Because his office is understaffed and because he got employees he doesn’t trust, for example, and he might be right.”.
New focus on advocacy
Positive for Nordio the bill to expand the attorney’s experienceWhat is the administration of the judiciary, and in any case the same as the administration of the judiciary as well. I point out that many of my colleagues use this word, “jurisdiction culture,” when they oppose the division of jobs. Now, jurisdiction or yes means strictly speaking, as being limited to The judge, or in a broader sense, like the dialectic between accusation, defense and judgment, and then it is a three-legged table, and lawyers must enjoy the same dignity as the other side.Nordio says,“In my opinion, they are welcome.”. Therefore, it is right to expand the presence of the invitation, as well as in relation to The right to vote: “There is no scandal if the judges’ votes give it to the attorneys. In general, I tend to increase, emphasize and intensify the role of the lawyer, even in judgments compared to judges. ” .
The former deputy attorney general in Venice demanded stricter criteria to reinforce the ineligibility of judges and prevent them from running for elections in the places where they perform their functions. However, there is a serious problem opening Meaning hill: “I seem to have understood that this limit has not been extended, nor does it apply to anti-mafia judges of national competence. This, in my opinion, is paradoxical, because those who practiced above all in those highly sensitive positions are specifically investigative or equal competency. The patriot, becomes aware of such a chain of news (and knowledge is power, we all know this), which makes it more extraneous than it is a political competition, precisely because it starts from a situation largely more I do not say useful but accurate.. Therefore, the issue of disqualification should be more strict specifically when we talk about jobs exercised in a particular place but of national importance.
The draw for CSM members
The scandals that have swept the world of Togaz recently can be avoided, according to Nordio, through “Withdrawal of CSM members, specifically to break the bond between voters and elected representatives.”. In this sense, the rigidity of the constitution can be addressed through the union “The criteria for election and equality so that they do not conflict with the constitution, but at the same time it is also dismantled, if not actually severing the link between the elected and the voters.”.