Italy looks at judicial reform
Source: Agencies |
March 11, 2011, Friday
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THE government of Italian Prime Minister Silvio Berlusconi, who faces trial on corruption and sex charges, yesterday unveiled what he has called "epoch-making" reforms in the nation's justice system.
But critics said the move was aimed at taming the country's powerful independent magistrates.
The reform proposal, which will have to undergo a long parliamentary process before final approval, came as Berlusconi resumed hostilities with magistrates whom he has repeatedly accused of trying to bring him down for political reasons.
The plan would introduce a clear separation between the careers of investigative magistrates and judges and transfer powers for disciplining magistrates to an outside body. It will also speed up Italy's notoriously snail-paced justice system.
Judges who make wrong decisions could be liable to lawsuits by aggrieved citizens, similar to medical malpractice suits, Justice Minister Angelino Alfano said.
He said trials that have already begun will not be affected by the changes, which could take more than a year to implement.
The CSM, the High Council of the Magistracy which has often clashed with Berlusconi, would be split into two halves and its powers to discipline magistrates would pass to a special body, which could include members from outside the judicial system.
Maurizio Paniz, a lawyer and senior deputy in the ruling PDL party, said the changes were intended to restore the balance between defendants and the prosecution and impose proper controls on investigators.
"As things stand today, they don't answer to anyone. The CSM is highly politicized and incoherent and that makes it difficult for it to reach judgments calmly and properly," he said. "This is absolutely not a reform aimed against the magistrates."
ANM, the main magistrates association, has rejected Berlusconi's accusations that "communist" justice officials have tried to pervert the system to defeat him and have said that the reforms appeared aimed at limiting their autonomy.
But critics said the move was aimed at taming the country's powerful independent magistrates.
The reform proposal, which will have to undergo a long parliamentary process before final approval, came as Berlusconi resumed hostilities with magistrates whom he has repeatedly accused of trying to bring him down for political reasons.
The plan would introduce a clear separation between the careers of investigative magistrates and judges and transfer powers for disciplining magistrates to an outside body. It will also speed up Italy's notoriously snail-paced justice system.
Judges who make wrong decisions could be liable to lawsuits by aggrieved citizens, similar to medical malpractice suits, Justice Minister Angelino Alfano said.
He said trials that have already begun will not be affected by the changes, which could take more than a year to implement.
The CSM, the High Council of the Magistracy which has often clashed with Berlusconi, would be split into two halves and its powers to discipline magistrates would pass to a special body, which could include members from outside the judicial system.
Maurizio Paniz, a lawyer and senior deputy in the ruling PDL party, said the changes were intended to restore the balance between defendants and the prosecution and impose proper controls on investigators.
"As things stand today, they don't answer to anyone. The CSM is highly politicized and incoherent and that makes it difficult for it to reach judgments calmly and properly," he said. "This is absolutely not a reform aimed against the magistrates."
ANM, the main magistrates association, has rejected Berlusconi's accusations that "communist" justice officials have tried to pervert the system to defeat him and have said that the reforms appeared aimed at limiting their autonomy.
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