With two “twin” sentences the State Council canceled without postponement the resolutions of Superior Council of the Judiciary – dated 15 July 2020 – with which Pietro Curzio e Margherita Cassano were appointed first president and deputy president of the Court of Cassation. A new earthquake on the Italian judiciary after the rejection of the appointment of Michele Prestipino as prosecutor of Rome. Administrative judges have reformed the previous sentences of the TAR which had rejected the appeals of Angelo Spirito, president of the Third Civil Section of the Supreme Court and defeated contender for both executive positions. Both appointments – reads the provisions – are “manifestly unreasonable and badly motivated “in relation to the indicators referred to in the Consolidated Law on judicial management. The ball now returns to the CSM, which will have to reopen the appointment procedure: the body will be able to repeat the same choices, but a different motivation will be required to do so. Both magistrates are members of a current: Curzio is a member of Democratic judiciary (the initials on the left), Cassano di Independent judiciary (the conservative group).
In the ruling on the appointment of Curzio, the board of the fifth section of Palazzo Spada considered “clear the (consistent) more experience by dr. Spirito “on the parameter of the” adequate period of permanence in the legitimacy functions “, since at the time of the appointment the applicant was working in the Supreme Court”for almost twenty-five years“,” Since 2016 also with managerial functions “, while the current first president” for about thirteen years “. The same applies to the parameter of “participation in the United Sections”, as Spirito was part of it “from 2008 to 2016 (a period during which he drafted 172 sentences, from which 103 maximum judgments were extracted) and therefore from 2018 which Titular President “, while Curzio has been a member only since 2014. The CSM had instead supported theequivalence between the two candidates, balancing the temporal imbalance with the “exceptional professionalism”Demonstrated by Curzio: motivation that for the Council of State it is“ seriously incomplete and unreasonable ”, inadequate to“ justify a conclusion that differs from the (univocal) emergencies of objective data ”.
The Deputy of Action Enrico Costa, former undersecretary of justice, speaks of “fool a few days after the inauguration of the judicial year. What still has to happen for Parliament to be enabled to vote on the reform of the CSM? The government amendments frozen at Palazzo Chigi are not a good business card for a decision-making premier like Draghi ”. “Knowing the way the CSM works, they will do everything to ensure that nothing happens following the decision of the Council of State”, he told theAnsa the professor Franco Gaetano Scoca, the administrative lawyer who assisted the appeal of Spirito. Making the same choices, he explains, is not an easy road, since the Council of State has overturned the whole approach of the two resolutions. The truth – he accuses – is that the CSM does what it wants and proceeds to make the appointments not on the basis of the criteria set in the circulars by the High Council of the Judiciary itself, but in relation to the requests that it they come from the currents“. Of “sensational decisions“The members of Forza Italia speak in the Justice Commission in the Chamber, relaunching” the moderate draw for the election of the toga component of the CSM as the only solution to limit the weight of the currents “.
The Council of State has just canceled the appointment of the First President of the Cassation, making a fool of the CSM and the Ministry of Justice who had defended it. A few days after the inauguration of the Judicial Year.
– Enrico Costa (@Enrico__Costa) January 14, 2022