Home » The amendment of the center that aims to separate the prosecutors from the judges

The amendment of the center that aims to separate the prosecutors from the judges

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ROME. Can an aspiring prosecutor risk passing the competition without taking the criminal law test? No, according to the Honorable Enrico Costa of Action. For this reason he has filed an amendment with the Chamber in which he asks that before taking the exam, the candidate declares in advance whether he wants to aim to be an investigating or judging magistrate. It is clear that this is an anticipation of the separation of duties long supported by the center right, a preamble to the long-awaited separation of careers. It is no coincidence that most of the majority see Costa’s proposal with smoke in their eyes, a way to get through the window what does not enter the door.

The amendment to the Competition Decree will be discussed tomorrow at the Constitutional Affairs Commission of the Chamber. “Unfortunately, I fear it will not pass – predicts Costa, deputy with Forza Italia since 2006, undersecretary for justice and then minister for regional affairs – and it is a real shame. First of all because, since of the three written tests of criminal law, civil and administrative, only two are drawn, we will be able to find ourselves facing the paradox of a future deputy prosecutor who has not taken the criminal law test. But the question is decidedly broader, because in absolute terms I consider the separation of functions to be fundamental ». This would be a simpler process to pursue, unlike the separation of careers which would require constitutional reform. “While for the functions – continues Costa – it would be enough to double the current single section of the CSM, providing one for the public prosecutor and another for the judges”.

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The amendment by the Action deputy won the support of + Europa (Riccardo Magi), Lega (Riccardo Turri), Forza Italia (Pierantonio Zanettin) and Italia viva (Catello Vitiello). If the rule were to pass, it would have the effect of separating the functions of public minister and judge from the outset, but it would be limited to a single competition. However, the amendment is observed carefully by the majority because it seems to be a prelude to the debate that will open in the context of the reform of the judiciary – now being examined by the Chamber – on the more general hypothesis of inserting the separation of functions in the judiciary.

«And if the amendment does not pass, it will be precisely in that place that I will continue my battle – explains Enrico Costa -. Not only that, I will also return to the office with some ad hoc agenda. We must have the courage to make this reform ».

In the past, on the basis of article 1 paragraph 3 of Legislative Decree 160/2006 on access to the judiciary, the written test consisted of three theoretical papers, respectively relating to civil, criminal and administrative law. But now the decree-law 1 April 2021, n. 44, which has urgent measures for the containment of the Covid epidemic in the field of vaccinations, justice and public competitions, currently being examined by the Chamber provides in article 11 paragraph 5 a specific discipline for the written test of the competition for banned ordinary magistrate with the Ministerial Decree of 29 October.

The written test consists, for this time, in the performance of tests identified by drawing lots. “An inconsistency – concludes Costa – which in my opinion should be completely revised”.

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