Here's how and when the courts will reopen (maybe)
7 words, “In paragraph 1, delete the letter i)” will be enough to unlock a situation that was becoming gangrenous. Let's talk about the crazy and senseless lockout of the Italian courts, still in full lockdown despite the curve of contagions is in sharp decline, the country is restarted and is trying to face Phase 3. Not for the Palaces of Justice, in fact, barred (metaphorically, because urgent trials are naturally celebrated and, by telephone appointment, lawyers can go to the chancelleries) last March and still almost entirely closed, with clerks who cannot work from home because the system does not provide remote access, procedural documents that they return to the lawyers for " full e-mail boxes " and the looming trap on July 31, when the working suspension will start, which in Justice lasts 30 days. Citizens without rights, lawyers without fees and state not received. At least until yesterday, when a member of the Brothers of Italy – a lawyer – presented an amendment of just 7 words from the opposition ranks, which could already unlock the situation on June 30th. Amendment welcomed also by the majority.
THE AMENDMENT RE-OPENING THE COURTS
"I presented an amendment to ask for the courts to reopen on 30 June and no longer on 1 September as decided by the government," writes the author of the act, Alberto Balboni , on Facebook . "It is unacceptable, in fact, that Italian justice continues to remain paralyzed and almost completely inaccessible," continues the exponent of FdI. “The same National Forensic Council on several occasions had asked for all possible initiatives to be taken, so that even the justice sector could start again in the interests of citizens' rights. And this also in light of the fact that the administration of justice represents a garrison of democracy that involves all citizens, allowing through its exercise the protection and recognition of their rights ". “Therefore – concludes Balboni – I hope that this amendment will be widely shared among the political forces and approved. It would be a significant victory for the Italian Justice but also for the citizens, which would allow everyone a fair trial, with certain times, before a judge, as required by Article 111 of the Constitution, and publicly, as required by Article 6 of the European Convention on Human Rights ".
THE FUNNEL OF ARTICLE 83
It is always Balboni who explains today to Doubt the bottleneck that has prolonged the lockout of the courts: "Put yourself in the shoes of a President of the Court", says the parliamentarian of Fratelli d'Italia to the reporter of the newspaper directed by Carlo Fusi , « there is article 83 of Cura Italia in front of it, right? There is written that it all depends on him. All. Reopen the courtrooms or not, allow the hearings to take place or postpone them, adopt cautions or resume the activity. What would you do instead? They, the magistrates, have closed everything. They said to themselves: “And who makes me risk it? As the owners of companies with covid cases are prosecuted, so I would be prosecutable ". So they closed the courts. The big mistake made by the government ", Balboni continues ," was to unload the responsibility on them ".
THE ABSENCE OF BONAFEDE
To err is human, but to persevere is diabolical. Because if the government made a mistake – and in the excitement of the hours of Cura Italia a mistake could even escape – then it continued on its way without changing it. The lawyers, in recent weeks, have made the devil to four in order to be heard by the executive, stripping the robe and going to throw their codes on the street . In recent days, the lawyers of the Forensic Congress Organization had shot a video dossier to denounce the desolation facing the country's judicial offices, from north to south. The video can be viewed in full here . “We have chosen as soundtrack that of the film The tea in the desert , which seems to us to perfectly represent the climate of general abandonment – Giovanni Malinconico , OCF Coordinator, commented bitterly – from Milan to Naples, from Pordenone to Messina, from Genoa to Bari, everywhere the same images: inside the buildings the emptiness, the postponed hearings, the silence of Justice. Outside, the queues of users, sometimes the controversy, often the disservices ". "There are now countless appeals launched to Minister Bonafede to intervene – concluded Melinconico – the lack of answers, however, did not convince us to desist: we renew the invitation to the Guardasigilli to take matters into his own hands. Justice is not just about dealing with currents of the judiciary or CSM. Justice means taking care of citizens' rights. A detail that now seems to have completely gone into the background ".
5-STAR SHORT CIRCUIT
Yes, because the big absentee of the matter was Alfonso Bonafede , who even during the whole lock down was often in the spotlight, first for what is happening at the CSM and then for the release of the mafia bosses. The latter theme has prompted him to intervene even with a decree that smells of unconstitutionality and which has already been sent by the courts of merit to the Consulta, which will have to endorse it or not. The short circuit, it seems, occurred between two departments, paradoxically both led by exponents of the 5 Star Movement: the Ministry of Public Function of Fabiana Dadone imposed to continue smart working until the end of the emergency period set by Giuseppe Conte , i.e. until as of July 31, 2020, but that of Alfonso Bonafede 's Justice has not prepared adequate telematic measures in time. The bulk of the hearings was postponed to September, thus increasing the backlog faced by our courts, others, as we have documented , were held in the form of videoconferencing, with obvious technical limits (often without video or the connection drops) which end up undermining the rights of the parties, defendants and victims. Still, 7 words were enough to end all this havoc.
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/innovazione/arriva-lemendamento-per-riaprire-i-tribunali-come-e-quando/?utm_source=rss&utm_medium=rss&utm_campaign=arriva-lemendamento-per-riaprire-i-tribunali-come-e-quando on Thu, 11 Jun 2020 08:28:15 +0000.