Wednesday, January 26, at the Conference Room of the Court of Appeal of Rome, was held the conference organized dall'Unagipa, recognized by the Council of the Bar of Rome for the purpose of training lawyers, on "Reform of the justice of peace, between legality and efficiency."
Vice President of the Superior Council of Magistracy Honourable Michele Vietti Joseph, who was unable to attend institutional commitments to be postponed, sent an elaborate message, which was given full reading of the opening of the Congress.
He then spoke to the President of the Court of Appeal of Rome, George Santacroce, who, in a long speech, pointed out, on the one hand, the fundamental contribution made by the justices of the peace justice system, now on the verge the collapse, on the other, the need for regulatory intervention and urgent ministerial order to ensure continuity of operation of the Offices of the GDP of the District of its relevance, which is currently understaffed and with severe shortages of material resources and administrative staff, with particular reference the situation in Rome, where the clerks employ over two years for the publication of judgments.
are then intervened order and under the wise moderation of activity Carla Rufino, speakers Gabriele Longo (Evolution of Justice of the Peace-Goals and the reform hinges) , Emilio Manganiello (Justices of the Peace in ' judiciary) , Alberto Rossi (The reform of the justice of the peace. parliamentarians and government projects) , and then written interventions Flora Maria Di Giovanni (The justice of the peace in the Constitution) and Oliver Bell (Civil Mediation and Conciliation).
They are represented by speakers Berruti Paul, Augustine and Maione Rosa Ierardi, respectively, representing the National Bar Council, Advocacy and Advocacy Unit Roman Body, Dr. Mimma Modica Alberti, representing Active Citizenship, the Honourable Gabriella Carlucci (PDL) and Roberto Rao (UDC), and Senator Filippo Berselli (PDL-President of the Senate Judiciary Committee), the Dr. Mario Rosario Morelli, President of Chamber of the Supreme Court and Dr. Paul Auriemma , componente del Consiglio Superiore della Magistratura.
Particolare attenzione è stata dedicata dai Relatori e da vari interventi agli aspetti tecnici, di natura ordinamentale e costituzionale, della Riforma della Giustizia di Pace, evidenziando la grave lacunosità del progetto Caliendo su punti fondamentali : a) svilimento della figura del giudice di pace, che preannuncia, con la clausola di invarianza finanziaria, un’equiparazione verso il basso dei redditi di tutti i giudici onorari; b) peggioramento dello status giuridico del giudice di pace, con esclusione della continuità (da tre mandati si passa a due mandati four-year, except for transitional rule) and any form of social protection; c) collateral damage regulated directions of the magistrate, who has not recognized the inviolable right to defend themselves and contradict in the confirmation of four years and is limited to the same right, in its of disciplinary proceedings, only in the preliminary stage before the Judicial Council, for more integrated and predominantly got subsidized housing (which are mostly in relation to GDP), d) methods of recruitment, with disqualification of the justice of the peace are merely a law degree; e) weak point of the principles of autonomy of the offices, subject to the direction of the President of the Court, and independence of the justice of the peace, subject to controls continuous (quarterly, annual and biennial) by the "custodial judge" - totally new figure in our legal system and of doubtful compatibility with Article 101, paragraph 2, of the Constitution - and the same President of the Court, which duplicate the powers of self-direction and direct supervision of the offices of justices of the peace; f) violation of Article 104 of the Constitution, which states that all components of the ordinary courts (the Justice of the Peace is an ordinary court) are proportionally represented in CSM g) typing of disciplinary offenses by dubious criteria of interpretation and the punishment of removal from office occurrences are not particularly serious (actually penalized, according to established guidelines of the CSM, with only the warning).
Particular concern has attracted the intervention of the Auriemma, who confirmed that the Ministry of Justice presented to the CSM to the draft revision of the organic plants of Justices of the Peace and eventual ' binding opinion of the CSM and the CSM has announced plans to restart as soon as the competition for coverage of over 2,000 positions were vacant at the justice of the peace .
Of particular note the efforts of politicians (Carlucci, Rao and Berson), all of whom have expressed sympathy with the claims of class.
not been able to intervene to concurrent commitments and sent greetings to the legal adviser to the President, the Attorney General at the Court of Cassation Dr. Vitaliano Esposito, President Hon Matthew Brigandì Eight of the Commission of the CSM and Prof. Bartolomeo Romano component of the Commission itself, the President of the Sixth Committee of the CSM, Dr. Vittorio Borraccetti, the Chairman of the OAU represented. Maurizio de Tilla, Vice President Professor of CNF. Ubaldo Perfetti, and Mr Federico Palomba Luigi De Magistris and IDV, Senator Silvia Della Monica PD's representative to the Senate Judiciary Commissiione who sent the agenda No 2518 submitted calling for the reform of the judiciary that honorary "subtract from the condition in which it is maintained provisional" category.
E 'was confirmed the presentation of various amendments to the Senate, when converted into law the decree "milleproroghe", both on the continuity the relationship of all the justices of the peace up to 75 years (Amendment is conditional on parliamentary approval of the Government, is on the extension until December 31, 2011 Peer to expire or already expired this year .
dell'Avvocatura Representatives, which have focused on the deleterious effects of the unconstitutional and medium-conciliation , now next to the entry into force (it is recalled that the Unagipa appealed TAR Lazio to the ministerial decree for the implementation of Legislative Decree No 28/2010 and has been set for the prima decade di febbraio l’udienza sulla sospensiva) e hanno espresso pareri critici sul progetto Caliendo.
Il testo del messaggio del vice Presidente del CSM Vietti, delle relazioni e degli interventi saranno pubblicati per esteso.
I PRIMI DATI DELLO SCIOPERO PERVENUTI DALLA MAGGIOR PARTE DELLE SEDI ( tranne Piemonte ed Emilia) CONFERMA UNA ECCEZIONALE ADESIONE DEI COLLEGHI PARI ALL’ 80%
Il Presidente Nazionale The Secretary-General
(Gabriele Longo) ; ; (Alberto Rossi)
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