Francesco Petrelli is the president of Italy’s criminal defense bar and led the Yes Committee in the UCPI career separation referendum.
Lawyers, the latest poll shows a 10-point lead for those who support Yes, but one in 3 Italians are still undecided. How do you convince them?
Our mission is to open up space in the polarization that confrontation has created. We would say that this is not a referendum for or against the government, let alone a clash between lawyers and judges, but a vote to improve criminal justice in the country. In 2017 we took to the streets to collect signatures on our popular proposal for career separation, we will do it again at the 2026 meeting.”
One of the main objections is that the PM would ultimately be subordinate to the executive.
“This is a ludicrous apocalyptic vision. The text does not place any limits on the autonomy and independence of prosecutors, but increases it by assigning prosecutors as autonomous governing bodies in their own right like judges, therefore with the maximum guarantees of the Constitution. And it is the President of the Republic who heads both CSMs. More than that…”
Paradoxically, another frequent objection is that the PM would become more powerful.
“Let them reach an agreement. Gratteri, the ANM frontman, said that prosecutors will become sleepy bureaucrats who will neglect their investigative duties. For ANM president Parodi, prosecutors will become unstoppable super cops. I think we are both wrong.”
These reforms are said to not solve real justice problems.
“Justice certainly requires resources and tools… However, the existence of a balanced process, where the controller and the controlled do not live in the same house, is a guarantee for all citizens. The prosecutor carries out the crime and the judge assesses the legality of the procedure.
Decalogue YES you say that in all countries with the accusatory process there is a separation of careers..
“Everywhere yes and without necessarily any executive control over prosecutors. The only exceptions are Bulgaria, Romania, Turkey, which are not democratic models. Portugal introduced career separation with two CSMs after the socialist revolution”.
That’s not a right wing idea…
“It never happened. Vassalli himself, a socialist and accusatory proponent of ethical codes, understood that a separate career would be needed for reform to succeed.”
Why is the High Disciplinary Court outside the CSM?
“To change the domestic judiciary to be more balanced and transparent. Even the Bicameral Parliament has predicted this. And the legal profession has a disciplinary body like this.”
For some people, the lottery does not guarantee competence.
“It’s strange that the judges themselves don’t trust their qualities. Anyone who has passed the competition and judged the nationals should have the requirement to check the careers of their colleagues.”
Will the current disappear?
“The CSM has become a small parliament, its currents have become parties, but the Constitution never intended this.
Arus has a noble orientation function, then becomes the election committee that determines the lives of judges. Years ago, an ANM survey revealed that more than 40% of judges supported the draw. Grateri too. That’s the only cure.”
