Career separation to be voted on tomorrow. What changes for magistrates and the timing of the reform

Tomorrow in the Senate there will be the decisive (though not final) passage of the constitutional reform of the judiciary that envisages the separation of careers between judges and prosecutors (basically between those who judge and those who accuse). A reform that is the workhorse of Forza Italia. However, the text has been opposed both by the opposition in parliament and by part of the judiciary. Here is an explanation of what the reform envisages and the timetable for its implementation.

The Constitution is amended to specify that the judiciary is composed of magistrates from the judicial career and the apprehending career (the prosecuting function, i.e. the public prosecutors), sanctioning a clear separation between the two functions from the beginning of the career. It will no longer be possible to change from one function to the other, except in exceptional and limited cases (e.g. only once, within six years after the entitlement to change, i.e. change of post).

A separate CSM is established for judges and another for prosecutors. Each Council will have specific competences for recruitments, assignments, transfers, evaluations of professionalism and assignments of functions with regard to magistrates in their respective careers. The President of the Republic will preside over both Councils. The composition of the two Councils is revised. The First President and the Prosecutor General of the Court of Cassation are members by right.

The other members of the two SCMs are drawn by lot, one third from a list of full professors of universities in legal subjects and lawyers with at least 15 years of practice, to be drawn up by the Parliament in common session within six months of taking office, and two thirds from among judges and prosecutors respectively.

The disciplinary jurisdiction over ordinary magistrates (judges and prosecutors) is taken away from the CSM and assigned to a new High Disciplinary Court. This Court will have a mixed composition (magistrates and lay members) and will be competent for disciplinary offences and related sanctions. The High Court will be composed of fifteen judges, three of whom will be appointed by the President of the Republic from among university professors in legal subjects and lawyers with at least twenty years of practice and three drawn by lot from a list of persons meeting the same requirements, which the Parliament in common session will draw, within six months of taking office, shall draw up by means of an election, as well as from six judges and three prosecutors, drawn by lot from among the members of the respective categories with at least twenty years of judicial service and who perform or have performed functions of legitimacy (control of compliance with the law).