“It is certainly a positive fact, if it were not that it was accompanied by declarations of some representatives of the majority according to which to meet the ANM would be useless, if not even harmful”, Rocco Maruotti, new general secretary of the National Association magistrates (Anm ) hopes that the opening of the premier Meloni also in view of the announced strike proclaimed for February 27 really leads to concretize a meeting that “can at least serve the government to better understand that we magistrates are not the” enemies of the nation “, As we are at vaulted, we are unjustly investigated, but the expression of an order that exercises the high function of guaranteeing the rights and freedoms of all citizens “.
The positions seem irreconcilable. So why did you ask to be listened to?
“We also asked for it in the hope that it can serve to restore a climate of greater mutual availability to a constructive dialogue, which is then what is needed for the country and the institutions that represent it. On the fact that this meeting can also have positive effects on the parliamentary process of the constitutional reform personally I have strong perplexities, since it has already been anticipated that there is no intention on the part of the government to stop the approval process of a reform that We consider harmful and on which greater availability for comparison was needed. Availability that has been substantially denied us so far, so much so that the constitutional bill on the separation of careers has already been approved at first reading in the Chamber with an armored text ».
You have confirmed the strike of February 27 against the reform that separates the careers. How are you explained to citizens that it is not a corporate defense?
«We say to citizens that union interests of the magistrates are not under discussion with this reform. The reform does not affect the days of vacation or on the salary of the magistrates. Instead, it affects the Constitution, modifying the balance of that separation of the powers which is one of the architraves on which the entire constitutional system stands. And it does so with an approach that betrays the spirit of “pacification” that had animated the constituent fathers, to which today a “vindictive” spirit is opposed to the magistrates, responsible for having fully applied the constitutional principle according to which everyone Citizens, including politicians, are the same before the law. And if the final objective is, as it seems evident, to weaken, only towards some, the control of legality that the Constitution assigns to the judiciary, we do not understand how all the citizens can benefit from this “.
For the ANM this is not a reform of justice but of the judiciary. Why?
“That it is not a reform of justice, as is mistakenly propagated, but a reform of the judiciary is evident that it intervenes on that part of the constitution dedicated to the judiciary and its ordinant structure, affecting in particular on the composition and functions of the Superior Council of the judiciary, as well as on the methods of selecting its components, which would no longer be chosen by election, as the Constitution now provides, but through a “drawing drawing”, for the sole purpose of depriving the self -government body of the representativeness judiciary e of the necessary authority. In addition, it is a reform destined to deliver to citizens a judiciary with a lower degree of autonomy and independence, and this is because in all the systems in which the public prosecutor is separated from the judge there is a form of political control over his work. And it is clear that the lower independence of the public prosecutor will also mean an indirect minor independence of the judge, who intervenes on what the public prosecutor submits to him “.
What are the real nodes to face to make justice for the ordinary citizen more quick and effective?
«If you really want to make a reform of justice that serves to return to the citizen a more efficient service must be made available to the magistrates greater human and instrumental resources. More magistrates and more administrative personnel must be hired, you must work on the IT application applications that are currently completely inadequate and we must think of changes in the procedural rules that make the demand for justice more sustainable and above all the most efficient system. Even today many notifications of judicial documents are done by hand and this obviously slowly slows down the time definition times. However, what is certain is that this reform will not serve to shorten the current duration of the processes by a single day ».
On a global and not only Italian level we speak of “winter of fundamental rights”. In your opinion, is that so?
«I am very concerned with the delegitimization of those bodies, such as the International Criminal Court, which are called to sanction the violations of fundamental rights. In addition, I see, internationally and not from today, a questioning of fundamental rights, due to various factors: economic crisis, imbalance in the distribution of resources, but also a certain distrust in progress that leads to closing attitudes against the Next, seen as a danger rather than as a resource. However, I hope that this does not represent the beginning of a “winter of fundamental rights”, but that it is a trend line that can be reversed with everyone’s commitment, starting from those who have roles of responsibility “.
With the appointment, at the top, of an exponent of independent judiciary, the current considered more to the right, there was talk of a change of step of the ANM. Is that so?
«This new management is currently moving in the furrow already traced excellently by the presidency of Giuseppe Santalucia, because, beyond the fact that the new president Cesare Parodi is an expression of a different current, the political line, which is the one that is given From the central Steering Committee, it has not changed. Perhaps the communicative style of the new president is different, but as regards the contents I would not say that there has been, so far, a change of pace. This is also why I am surprised that the government has waited for the election of the new president to manifest this opening to dialogue, given that the ANM has always been available to comparison, even before this new management was settled “.
