From the CSM comes a first rejection of the provision on the inadmissibility contained in the reform of the prescription approved by the government.
The Sixth Commission approved by a large majority, with 4 votes in favor and 2 abstentions, a clearly opposed opinion. "We believe the impact of the law to be negative", says Commission President Fulvio Gigliotti (5S), because it involves "the impossibility of closing a large number of trials". Not only that: according to the Commission "the discipline does not coordinate with some principles of the legal system such as the mandatory nature of the criminal prosecution and the reasonable length of the trial".
The central problem is the two-year term within which the appeal process must be celebrated, beyond which the trap of inadmissibility is triggered: "it is not sustainable in factual terms in a series of territorial realities, where the average figure is well above the 2 years, and reaches up to 4-5 years ", explains Gigliotti. This means that with the new norm "the handling of a large number of processes is prevented".
The system problems also remain, because the new discipline would not reconcile with another principle of the legal system: that of reasonableness.
The opinion is expected to be discussed in the plenum next week, perhaps next Wednesday.