Honorary magistrates: Government fails to meet its obligations regarding salaries and safeguards

Now, honorary magistrates. In a letter signed by the associations representing magistrates on temporary contracts (approximately 4,000 affected), addressed to the key institutional figures (Prime Minister, Minister of Justice, Minister of the Economy), a call has been made for the clarification of past entitlements, including social security and healthcare protection, in line with the most recent ruling by the Constitutional Court in May, which is also in agreement with the Council of State.

The letter emphasises that Constitutional Court Judgment No. 71 of 2026 has, in fact, decisively strengthened the demands of honorary magistrates by declaring the blanket waiver of European rights in this area to be unlawful paid annual leave, social security and welfare benefits, which had been imposed on honorary magistrates upon their confirmation. The Court has, moreover, entrusted the legislature with defining the criteria for quantifying the financial value of these accrued rights.

Not only that, but from a formal point of view, the letter marks – as noted – the commencement of the standard ‘cooling-off procedure’, an interim mediation phase pending a resolution on the substance of a trade union dispute, requesting a meeting within 15 days to provide the first concrete responses. Moreover, as the letter makes no secret of the fact, the news that a considerable sum has been earmarked in the forthcoming Budget Bill to cover the demands of ordinary magistrates makes the Government’s inaction even less justifiable, following a fruitless meeting – which now dates back to May – with the Under-Secretary of State for Justice, Alberto Balboni.

The response expected from the Government, it is stated, must set out the official position on the settlement proposal already submitted, the quantification of the available resources and the legislative measures it intends to adopt, together with an indication of a binding timetable for the work and the relevant institutional bodies responsible. Moreover, the scale of the commitment that would be required, according to the associations’ calculations, to settle the outstanding arrears is absolutely substantial – well in excess of one billion – due primarily to the length of time involved, spanning over 20 years. Hence, an initial settlement proposal is already on the Government’s table, which considers one billion as an acceptable compromise.

The reconstruction of contribution records must be borne entirely by the State, at no cost to those concerned; measures to safeguard holiday entitlement, severance pay, sick leave, maternity leave, time off and leave of absence, and training must then be consolidated, meal vouchers, assistance and insurance cover, including that provided by INAIL.