Justice

Anm approves congress motion: 'No to the separation of careers'

Cantone: 'Without Trojans, investigations would become impossible'

12 May 2024

Lotta alla corruzione, Romano "Obiettivo Ministero semplificare norme"

3' min read

"The separation of careers is not functional in guaranteeing the judge's third party status, but appears to be a tool to substantially weaken the role of the public prosecutor and suggests that it is being wielded as an instrument of retaliation and threat against the judiciary". This was stated in the final document of the Anm congress. The president of the magistrates' association Santalucia turns to Minister Nordio: "We keep the independence we already have'" No to the separation of careers also from M5s leader Conte who attacks the government: "The authoritarian turn presents assonances with the P2's project of democratic rebirth. The premises are being created for a new Tangentopoli". The League replied: 'Serious words'.

"It would certainly be a legitimate choice, but a dangerous one. If this novelty were to intervene, added to the repeal of abuse of office and the scaling down of trafficking in influence, investigations into corruption would become impossible and in fact the wish of those who believe that corruption should be eliminated from the penal code would come true'. This was said by the public prosecutor of Perugia and former president of the National Anticorruption Authority (Anac) Raffaele Cantone , in an interview with La Repubblica, speaking of the possibility that 'Trojan' type bugs could be excluded from corruption investigations.

"A serious conflict of interest law is indispensable"

'I take note of that. That's democracy,' Cantone replied to those who pointed out that this was the wish of almost two-thirds of Parliament. 'But that does not prevent one from criticising a choice, even if adopted by a large majority, if one does not agree with it. I would like to remind you that weakening the investigations into the collusion of administrations ends up weakening even those into organised crime, as the current National Anti-Mafia Prosecutor Melillo has repeatedly stated'.

For the chief prosecutor of Perugia, 'without prejudice to the presumption of innocence for the individuals involved, a number of themes emerge from the Genoa affair that appear to be a bit of a refrain and have been unresolved for years'. Cantone referred "to the financing of politics, to the transversal mechanisms used through foundations, which do not guarantee, despite the first interventions of theSpazzacorrotti law, the necessary transparency of funding. The current president of Anac Busia is right in considering a serious law on conflict of interest indispensable, because as long as there is opacity in the relations between those who wield power and the business and economic world, corruption will take over".

Career separation "neither appropriate nor necessary"

On Carlo Nordio's words at the Anm congress, Cantone commented: 'I hope that what was said about the independence of the judiciary is an effective reassurance because it does not seem very compatible with the remarks made on other occasions'. But the magistrate remains opposed to the 'separation of careers that I consider neither opportune nor necessary'.

With regard to the civil liability of magistrates, Cantone emphasised that 'the rule on civil liability is there and has been deemed adequate by the Constitutional Court. It correctly guarantees the needs of private parties that may be damaged by acts of magistrates, without undermining the independence of the judiciary. You cannot and must not think of civil liability as an instrument of intimidation for the toga, because intimidated magistrates would not be a guarantee for citizens either when they deal with corruption or when they investigate mafia and terrorism'.