"In the last part of the last council session, the CSM had lost its orientation" and there had been "a derailment from its proper function" assigned to it by the Constitution: this was underlined by the vice-president of the CSM, the lawyer Fabio Pinelli, in the conference press - called for the first presentation of the annual report on the activity of the self-governing body of judges - with reference to the period of the Palamara scandal, when 5 councilors resigned.
The reaction of the Democratic Party was outraged, believing that Pinelli's statements discredit Palazzo dei Marescialli.
In the period to which Pinelli referred, the vice president was the 'dem' David Ermini.
Silence from the Hill where the vice president's exit can only have been greeted with a certain surprise and disappointment.
But officially there is only reserve, even more so after Pinelli's subsequent clarification: "I have never stated that the Council has in the past betrayed its constitutional mandate, which moreover would have been prevented by the intervention of the President of the Republic. Referring to the past I have acknowledged the difficulties which have affected the council, caused by attempts at external interference in the functioning of the body, which have led to the resignation of five councilors in office".
Colle does not comment but a passage from a speech made today by the head of state to those with public functions can also be read in terms of justice: what is needed is "the duty of impartiality, the protection of respect for the law, the care of the sole general interest of the Republic and its society, fidelity to the values of our great humanistic and legal tradition, which places the dignity of the person and the rights of the citizen at the centre", explained Mattarella from Colle.
In the opinion of Pinelli, who said - responding to those who pointed out to him that he had presented himself "alone" at the meeting with journalists - that he had been delegated by the CSM councilors to participate in the press conference alone as the commissions were busy with their work, the CSM must not carry out "third chamber" functions but remain within its scope of "administration of jurisdiction" and on this approach, of "high administration" functions, "there is a sharing on the part of all the advisors".
As proof of this new spirit of sharing, Pinelli underlined that "70% of the appointments of magistrates are decided unanimously" and that in twelve months of activity "the overall number of pending matters has been reduced by 25%.
"For us it is important that beyond the physiological differences of views" given by the fact that there is a lay component and a professional one, as well as a different cultural orientation of the magistrates "which is an asset", the objective "of cohesion of the self-governing body I believe can be said to have been achieved", further noted Pinelli who was appointed to this role on 25 January 2023.
Pinelli then explained that this reorganization of the work of the CSM - which led to an acceleration in the disposal of the practices of magistrates and judicial offices - "the President of the Republic is evidently aware step by step of the activity of the CSM and of the approach that is given by the vice president."
"There is absolutely nothing to reproach the President of the Republic" Pinelli added, answering questions from some journalists who noted that speaking of "derailment of the CSM" meant referring to the presidency of this institution during Mattarella's first seven-year term.
"We listened in amazement to the words pronounced by the lawyer Pinelli in his irregular press conference. We would expect greater balance from the vice president of the CSM. The criticisms and accusations directed at those who worked before him in a very difficult historical moment, with great sense of responsibility. The lawyer Pinelli holds a role of great importance, discrediting the institution he represents only denotes a serious lack of institutional sensitivity", the Democratic Party said in a note.
While the former Minister of Justice, Andrea Orlando, spoke of "another institutional breach. Lack of respect for whoever presides over that assembly according to the Constitution. Lack of style in general".
The majority of the professional councilors of the CSM (Area, Unicost and Md) and also the independent Judiciary councilor Dario Scaletta are also critical, in a note not signed by the other representatives of the Independent Judiciary, the independent Andrea Mirenda and the lay people.
"We do not know on what factual and legal bases - they observe - the vice president bases his questionable statements. It is certain that we do not share them in the slightest, neither in relation to the reading of the constitutional role of the CSM that they imply, nor in relation to the judgment on the the work of the last Council, which had to deal with serious and delicate events".
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