Tax courts: restrictions on the chairmanship of public prosecutors’ offices

Crackdown on conflicts of interest between heads of public prosecutor’s offices and tax authorities. Through an amendment introduced during the conversion of Decree-Law No. 100, attributed to the Ministries of Justice and the Interior (the text is currently under discussion in the Senate Justice Committee), the rapporteurs have set out in writing that ‘ordinary magistrates who exercise prosecutorial functions at first and second instance may not serve as president of the tax court of first or second instance located within the circuit of the Court of Appeal to which they belong’.

Furthermore, the amendment specifies that ordinary judges who, following their appointment to a prosecutorial leadership role, find themselves in a new situation of incompatibility (which takes effect immediately), shall cease to hold the office of president of the tax court and shall, upon request, be assigned to a similar post at a different tax court of the same rank. In the absence of such a request or where no equivalent managerial post is available at another court, the judge shall assume, even on a supernumerary basis, the duties of section president at their own tax court.

Also from the rapporteurs, in agreement with the Ministry of Justice, comes the introduction of a grant of 600 euros to be allocated to each magistrate who applies for it, for the purchase of an IT device. The aim is to facilitate the replacement of the technological equipment provided to the judiciary, but there is already controversy over the ‘do-it-yourself’ approach judges are being asked to adopt, which is seen as an admission by the Ministry that it is unable to independently provide the judiciary with equipment of a sufficient standard.

Meanwhile, the controversy continues over another proposed amendment, this time put forward by Fratelli d’Italia, which – in response to the concerns of Anti-Mafia Prosecutor Giovanni Melillo – expands the list of offences for which it is easier to the use of wiretaps initially authorised in another case.

A meeting of the members of Forza Italia’s Justice Committees in the Chamber of Deputies and the Senate will take place on Thursday 9 July at 1.00 pm. It is already becoming clear that there is absolute opposition to the proposal, which would constitute a drastic step backwards compared with the current rules, which restrict the use of wiretaps in other proceedings solely to offences for which arrest in the act is possible.