The executive seems close to postponing the Cartabia reform of criminal justice; and it does well, for a number of reasons, even if it may appear, from a short-sighted perspective, a setback to the previous legislature.
The postponement is not a choice of political colors, but a necessity dictated by reasonableness. The reform, which would see the entry into force on 1 November next, suffers from the absence of structures and resources without which the discipline risks having a opposite effect to the idea of shortening the length of judicial proceedings.
Furthermore, it is necessary to revisit the relationship between regulatory repeals and transitional law with greater prudence; in other words, what will become of ongoing processes and what rules will apply between the old and the new? In addition to the physiological interpretative uncertainty regarding the forecasts to be adopted for the first time, a disorientation emerges precisely on the intertemporal regime to be applied the day after the entry into force of the legislative decree.
It would be unwise – as some argue – to selectively defer by postponing only certain norms. In a system of rules, where everything is held by a red thread, a partial postponementand it would generate further uncertainties that the country does not need.
