«I am running for the elections on September 25th. Who will be our political interlocutors? I think this is an issue that has historically interested the center-right world. But not only. I think that the issue of justice has divided the country in two between guarantors and justicialists, and it was the real losers. The country belongs to everyone ». This was stated by Luca Palamara, former member of the High Council of the Judiciary and former head of the ANM, announcing his descent into the field at the policies of 25 September, at the Hotel Baglioni in via Veneto in Rome, and launching his association, ‘Oltre the system’. “So it’s very simple: no to the political use of justice. My battle for truth continues, ”he added.
Yesterday he explained his 10-point program: 1.Justice and politics. To overcome what has not worked in the contamination between the judiciary and politics, it is necessary to have the courage to go beyond which means a “ shock ” reform also at the constitutional level which: a) calls into question the role and presence of the laity in the CSM ; introduces the temperate draw for the election of the togates to the CSM; b) provides for a disciplinary section on the model of the Court of Ministers; introduces effective separation of careers; c) provides for the presence of lawyers on the judicial councils; d) codify with ordinary law the requirements for access to judicial management to allow the transparent exercise of administrative discretion and the affirmation of meritocracy instead of currentocracy. 2. Justice and political trials. No to the use of the criminal trial to eliminate this or that political enemy means: a) restoring the authorization to proceed; b) eliminate the failures of the Severino law that prevent local administrators from governing in implementation of the effective and concrete implementation of the constitutional principle of not guilty. Fundamental rights cannot be eliminated on the basis of non-definitive decisions which are often denied in subsequent stages of judgment. 3. Justice and information. Enough of the leak of news from the prosecutor’s offices. Enough of too many monsters slammed on the front page for a bad relationship between magistrates and journalists. We need journalists who tell the magistrate’s work because crime is also fought by honestly informing public opinion so that a civil conscience is strengthened. Enough of journalists who boast privileged relationships with this or that toga; enough for that journalism that copies and pastes judicial orders by spending hours in waiting rooms doing a bad service to the two professions and to the country as a whole. It is therefore necessary to identify, in the preliminary investigations phase, a moment in which the acts can become ostensible even to journalists without jeopardizing the successful outcome of the investigations. 4.Justice and economics. Civil justice, think for example of evictions, executions and bankruptcy, is a pillar of the economy. Investments, even foreign ones, cannot fail to be favored by a modern civil process which guarantees certainty in time. The civil trial must go back to being the place where the facts proven by the contenders are regulated and not a useless gymnasium of sterile juridical discussions; the family must be governed by a single law and therefore by a single process, however differently articulated; minors, whatever their parentage, must be judged by the same judge; the appeal must pass an admissibility test that assesses its procedural utility; the citizen must be protected in a reasonable time from the excessive contractual power of the economically dominant subjects exercised through the imposition of incomprehensible standard clauses and through the inaccessibility to any form of effective dialogue through automatic responders or unqualified call centers. 5.Social justice and right of defense. The criminal trial cannot be the place where only the rich are able to defend themselves. Effective guarantees of defense are needed for all, strongly proposing the strengthening of the office defense and access to free legal aid. Enough of the anticipation of the sentence by using in a distorted way the pre-trial detention in prison as happens today in Italy where about 28.5% of the prison population is detained by way of preventive detention. Minimum criminal law should be encouraged to facilitate the speed of procedural investigations. 6. Justice and public administration reform. The reform of the PA must be guaranteed through these fundamental key points: a) abandonment of the legislation on the privatization of the public employment relationship, which has contributed to enslaving the leadership of the State to the political power of the moment, and republishing the status of civil servant; b) activation of extensive legislative deregulation procedures to simplify administrative procedures above all, with a view to safeguarding the rights of citizens and businesses; c) significant increase in the salaries of all non-executive employees of the public administration, adapting them to European standards; d) central management, by the National Administration School, of all public competitions for access to the qualification of public executive, with identification of strict selection criteria as is the case for the competitions of the various magistracies; e) mandatory training courses for all public employees, in order to increase the quality level of their office knowledge; f) review of the regulations on managerial responsibility to combat the phenomenon of the flight from the signature of public managers, which is affecting the national economy; g) greater integration between public administration and the university research sector so as to ensure a broad acquisition of scientific and technological culture by the most strategic public offices for the relaunch of the country system. 7. Justice and security of the territory. The security of a territory must be the priority of any good administrator, aware that this depends on the well-being of those who are responsible for guaranteeing it: the police. Citizen safety must be put in the first place, petty crime and crimes of aggression to assets and the serenity of family life, such as apartment theft and home robbery, must be the primary object of attention, intervening on remote causes, but also by destination of resources to the state apparatus responsible for their repression. There is no doubt that those who make a mistake pay is a principle that must apply to everyone and therefore also to those in charge of protecting public order but the problems that afflict the security and defense sector are known: lack of personnel, means and equipment, for do not speak of a deficient regulatory system that often does not guarantee the certainty of the sentence, frustrating the work of the operators, who, for having done their duty, find themselves in the bar for “due act” with consequent media pillory and career rehabilitation rather difficulty. It is therefore necessary to reformulate the excuse for the fulfillment of duty in order to find a balance that protects the legitimate performance of the authoritative powers of Public Security. We must also not ignore that, in a good part of the cases, these problems are also the basis of anti-conservative gestures on the part of the members who more and more often take their own lives. Security, therefore, must be at the center of government priorities, together with the protection and well-being of men and women in uniform who need to be well equipped from the point of view of means and resources; they must be in a sufficient number to ensure good coverage on the territory with adequate shifts and not to the limits of the exhausting; protected in the fulfillment of their duty which occurs only and exclusively for the good of public safety. A man and a woman in uniform who work well, who are protected and well equipped, offer an efficient service that reinforces the sense of perceived security, instills confidence in the citizens who consequently approach the institution. The mistakes of the past, the cuts that led to the collapse of the security apparatus (think of the most recent Madia law and the 2008 turnover block) must be remedied with new hires and investments in vehicles and equipment, including even the tasers who are proving to be effective day after day as an effective deterrent and security tool in the most delicate operations. 8. Justice and the environment. ” Environmental ” justice must be the starting point of the Ecological Transition necessary for Italy. The issues on what energy is needed today and how to produce it, on public access to drinking water, the closure of the waste cycle, on which agriculture is more sustainable are certainly of public interest and as such can have consequences of environmental injustice. Environmental injustice is widespread in many Italian areas, just think of the failure to recover and recycle waste, the conditions of hydrogeological instability of our territory, the waste of natural resources, it is precisely through the implementation of the ecological transition and the distribution of the Recovery Fund. that initiatives should be promoted that guarantee the rebalancing of environmental equity, as established by the WHO and the European Environment Agency. 9. Justice: young graduates and access to professions. VAT numbers. Investing in young graduates means guaranteeing a quick, transparent but highly selective qualification exam, compatible with today’s labor market logic that does not allow the bar exam to last a whole year. Self-employment, micro and small businesses are the driving force behind the economy of our country but have been hindered and discouraged by inadequate fiscal policies and short-sighted bureaucracy. It is therefore necessary to support private initiative as well as provide for regulatory simplification and a streamlining of bureaucratic procedures. 10.Resource justice and Pnrr. The need to have modern and efficient Courts also requires a serious and constant monitoring of the achievement of the objectives of the NRP to evaluate further investment in the office for the trial; regulatory and contractual clarity for professional figures assisting the judge to avoid endless temporary workers; do not abdicate the training function in the offices by proposing an internship with scholarships.