San Marino. Reflection by Giuseppe Morganti on the reform of justice
“A defeat for our democracy. I can find no other words to define what happened in the Great and General Council with the approval of the reform that frees the judiciary from the rest of the powers of the state ”.
So you begin, who adds: “This will allow a narrow majority decision of judges to decide the professional fate of their new and old, thus also being able to affect the decisions that are connected in the phases of their work. Behind the ‘excuse’ of the right to autonomy of the judiciary, the Government supported by a ‘Bulgarian’ and silent majority, has changed a very delicate sector of our institutions, forgetting that the centenary San Marino democracy is based on the circularity of relations between the three powers of the state. No organ, including the Most Excellent Regency, has a life of its own, being subjected to posthumous control by the union that any citizen can freely for the ‘fact’ and for the ‘not done’ and bound in the decisions by the agreement between the two Captains Regent who have a right of veto over each other. The Referendum institutes, popular initiative laws, the six-monthly Arengo and the five-year elections, carry out a control and direction function that the Electoral Corps has on the activity of both the Great and General Council and the Congress of State. The ‘alien’ body that the ‘black afternoon of democracy’ generated not only places the third power, the judiciary, in a super privileged sphere without counterpowers, but submits its decisions to the Judicial Council, a body made up of 8 people of which the 4 judges will represent only a part of the entire body of the judiciary which is divided between Serie A judges and the 4 ‘non-professional’ members chosen by the Council by a majority of qualified judges. by the political majority), they may also be lawyers practicing their profession. Let us think only for a moment of the formidable advantage of these lawyers over the rest of their colleagues, being able to determine the luck or the bad luck of the individual judges. The hiring of new magistrates, career advancements, the assignment of workloads, disciplinary sanctions, will all be decided by the Judicial Council, a body alien to our democracy because, unlike all the other San Marino institutional bodies, it will not be subject to no control and will be able to make their own choices simply by communicating them to the Justice Affairs Commission. This can only listen to what has been decided without any power of intervention. Democracy of San Marino has always been characterized by the possibility of mutual verification of the organs of the state and for this reason it has held up over the centuries. The reform generates a Monstrum in a very delicate sector for the lives of all citizens that will not be easy to keep in check ”.