Justice, Benedetto (Einaudi Foundation): “The separation of careers is a battle of civilization”

“With our appeal, published on the foundationluigieinaudi.it website, we ask the legislator to approve a constitutional law to separate the careers of magistrates, between those who judge and those who accuse. This is an initiative that has gathered consensus across the board and which we have decided to promote independently of the legislative proposals already filed in Parliament, because we think it is important to maintain high attention on the topic and achieve rapid approval”. Thus Giuseppe Benedetto, historic exponent of the Italian Liberal Party, today president of the Luigi Einaudi Foundation, intervenes with Adnkronos regarding the initiative to collect signatures launched yesterday in the Press Room of the Chamber of Deputies in favor of the separation of careers.

“The central issue in favor of the separation of careers – he underlines – is not the enormous power of this or that Public Prosecutor, but the total irresponsibility of the same in the Italian judicial system which has no equal in any other European country. On the need for this reform I also wrote my latest book ‘Let’s not be familiar: the separation of careers’, with a preface by the current Minister of Justice, Carlo Nordio”.

“Last Wednesday at the hearing in the Chamber I reiterated that separating careers in the judiciary is, for us at the Einaudi Foundation, the mother of all justice reforms – recalls Benedetto – It represents the logical and chronological completion of the reform path begun in 1989 with Giuliano Vassalli’s new Code of Criminal Procedure, which marked the transition from the inquisitorial rite to the accusatory rite, and continued ten years later with the reform of the art. 111 of the Constitution, which sees the judge as third. Today the last step is missing, the separation of careers, we hope that Parliament does not miss this opportunity”.

The Einaudi Foundation’s proposal provides that it is “essential to have a double CSM, one for the judges and one for the public prosecution. In a liberal-democratic state the magistrate must not be the priest of public ethics, but must limit himself to correctly applying the laws. Let’s be clear, no prosecutor must be controlled by the executive, but that of the magistrates controlled by the Ministry of Justice is a forcing, an exploitation that comes from a certain part of the militant judiciary which activates every time this reform is put on the table to make it fail. The first to say that, despite separating the careers of magistrates, no one wants to question the autonomy and independence of the judiciary, was Minister Nordio himself”, he concludes.