Referendum 2022 why yes: the reasons for changing the face of justice
Of this referendum nobody talks about it. Silent TV and newspapers, politicians as well. Almost all of them are afraid to sign up there referendum battle only because they could lose it due to failure to meet the quorum. Let’s try to talk about it when there are just over two weeks left to vote.
Sunday June 12thfrom 7 to 23, Italians are called to vote for the abrogative referendum in matters of justice. Five are the questions admitted by the Constitutional Court: election system of Csm; fair evaluation of magistrates in district judicial councils; separation of careers; limits to the abuses of the pre-trial detention; repeal of the Severino law.
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Meanwhile, the Parliament is struggling with a bill which reforms the judiciary, ddl which – among the many points addressed – also deals with three subjects subject to referendum: system of election of the CSM, fair evaluation of magistrates in district judicial councils and separation of careers. If approved by both Houses, Parliament would delegate the government to issue one or more legislative decrees within one year.
But the new election system of the Csm – according to the rules contained in the bill – it is not subject to delegation and therefore would enter into force immediately after the publication of the enabling law in the Official Gazette. In this case the referendum question would obviously fail.
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Same discourse on the separation of careers: the matter is not subject to delegation but of direct application; however, the referendum question would abrogate any passage of judicial function (from prosecuting magistracy to judging judge and vice versa), while the bill provides for a single change of function compared to the current four.
It will therefore be up to the Court of Cassation decide whether or not to keep the referendum question, but it is likely that it will keep it given the now consolidated jurisprudential orientation. The fair evaluation of the judges in the judicial councils is instead a matter of delegation, therefore the referendum will take place.
In conclusion, i There are three sure referendum questions at the moment: limits to abuses of pre-trial detention; repeal of the law Severino and fair evaluation of magistrates in district judicial councils. The question about the separation of careers is in doubt (more yes than no): if it were to be held, the questions would be four. The one on the CSM election system would be skipped in the event of approval by the Parliament of the enabling law by the end of May / beginning of June. But it now seems very likely that the questions will remain five.
Abrogative referendum and quorum
The abrogative referendum and the main institute of direct democracy provided for by the constitutional order. It is regulated by art. 75 of the Constitution and provides for the total or partial repeal of the provisions of a law or an act having the force of law that is the subject of the question, which is submitted to the elector with a repeal formula. It is called if five hundred thousand voters or five regional councils request it.
Not all matters can be the subject of an abrogative referendum: I am indeed excluding tax and budget laws, of amnesty and pardon, for authorization to ratify international treaties. As required by the fourth paragraph of art. 75, “the proposal subject to referendum is approved if the majority of those entitled to participate in the vote, and if the majority of validly cast votes is reached”, therefore at least 50% plus one of those entitled to vote must go to the polls.
The June 12th the referendum on justice will be held in conjunction with the first round of administrative elections in almost a thousand municipalities, including several provincial capitals.
Referendum justice, all questions
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