La Cartabia reform of the Csm it is law. The Senate floor definitively approved the provision signed by the Minister of Justice with 173 votes in favour, 37 against and 16 abstentions. The League also voted yes, while Italia Viva abstained. The votes against came from Brothers of Italy.
“This reform was built with everyone's contribution – commented Cartabia – President Sergio Mattarella had asked for it, applauded by the entire Parliament”.
Here are the main innovations introduced by the new law.
Cartabia reform: what changes
Composition and functioning of the CSM
The members of the CSM (currently 24) return to 30, of which three by right (President of the Republic; first President of the Cassation; Attorney General of the Cassation), 20 professional lawyers (of which 2 of legitimacy, 5 prosecutors and 13 judges) and 10 laymen. With regard to the latter, respect for gender equality in the choice of candidates by Parliament is specifically requested.
Access to the competition for the judiciary
It will be possible to enter the competition for the judiciary directly after graduation: therefore the obligation to attend specialization schools will no longer apply.
Composition of colleges Csm
The constituencies are formed in such a way as to be composed basically of the same number of electors and are determined by decree of the Minister of Justice, having consulted the Superior Council of the Judiciary, issued at least four months before the day set for the elections.
Squeeze on “revolving doors”
It will be forbidden to exercise judicial functions and simultaneously hold elective and governmental offices, both locally and nationally. It will therefore be mandatory to take leave (without pay in the case of local offices) for the assumption of the office (today - at least in some cases - there is an accumulation of indemnity with the salary of the magistrate). At the end of their mandate, magistrates who have held elective offices or government positions (but with a mandate of at least one year) will no longer be able to return to carrying out any judicial function. Magistrates who are candidates in electoral competitions but are not elected, for three years will not be able to return to work in the region that includes the electoral district in which they applied or in the one in which the district where they worked is located, in addition they will not be able to take on managerial and carry out the most delicate penal functions (prosecutor and gip/gup). Magistrates who have held top positions (for example heads of cabinet, heads of departments and general secretaries in ministries), after a mandate of at least one year, will have to remain out of office for a year - but not in top positions - and then they will return, but for three years they will not be able to hold managerial positions.
Out of role
The maximum number of non-permanent magistrates drops (today 200): the principle is contained in the delegation; therefore, the new number will be established with the implementing decrees.
Separation of duties
Only one transfer of function between prosecutor and judge in criminal matters will be possible, within 10 years of assignment of the first office (therefore excluding the 18-month internship period). Limit that does not apply for the transition to the civil sector or from the civil sector to the prosecutorial functions, as well as for the transition to the Attorney General at the Cassation.
Stop package appointments
The assignment of managerial/semi-managerial positions is decided on the basis of the chronological order of the vacant positions, to avoid the so-called "package appointments". Training courses are foreseen both before having access to the function and after.
Personal file
The files of each individual magistrate will be updated with all the relevant data collected year by year.
