The government's green light

The test for magistrates from 2026, the SCC will appoint the professors

The legislative decree approved in the Council of Ministers had changes made up to the last minute, but these did not alleviate the protests of the National Association of Magistrates: it will be the Superior Council of the Judiciary that will appoint the university lecturers in psychological subjects who - on the recommendation of the National University Council, an independent body of the university - will be part of the judging commission

Il ministro della Giustizia, Carlo Nordio, durante la conferenza stampa al termine del Consiglio dei Ministri, Roma, 26 marzo 2024.  ANSA/FABIO FRUSTACI

3' min read

3' min read

 

Government green light forpsycho-aptitude tests for access to the judiciary from 2026, possibly similar to the 'Minnesota' tests, which assess the personality of candidates.

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The legislative decree approved in the Council of Ministers had changes made up to the last minute, but these did not mitigate the protests of the National Association of Magistrates: it will be the Superior Council of the Magistracy that will appoint the university lecturers in psychological subjects who - on the recommendation of the National University Council, an independent body of the university - will be part of the judging commission.

The psycho-aptitude interview will take place during the oral test, but already after the written test they will receive tests on a sheet of paper, identified by the Csm, modelled on those used for police officers.

These will form the basis for the future psycho-aptitude interview, which will in any case be directed by the chairman of the examining board, and not by a psychologist (who will only be present as an aid), to whom thefinal judgement on the entirety of the tests is collegially entrusted.

A significant change, therefore, compared to the draft circulated until a few hours earlier, which provided instead for the Minister of Justice to appoint expert commissions and evaluate the test procedures, in agreement with the Superior Council of the Judiciary.

In the legislative decree that will enter into force there will instead be a double level of guarantee: the Csm will regulate the tests in a general way and then the examining board will decide.

The entrance exam can still be repeated four times. But the Amn does not give way one step in front of the soft line and with president Giuseppe Santalucia points the finger: "More than a disaster, it is a symbolic rule, the purpose was to create a suggestion in public opinion that magistrates need a psychic check".

And he postpones a possible mobilisation on the issue: 'On the strike we will talk again, we are all united. It is an irrational rule, it will come into force in 2026, there is room to convince to remove it'.

The Guardasigilli, however, brands these reactions as 'sterile polemics, empty abstractions', also emphasising the favourable opinion of the Justice Commissions to the request to evaluate the tests: 'When both chambers send you certain observations, it is almost the government's duty to comply. There is no encroachment or interference by the executive against the judiciary. There is no vulnus, no lesa majesty'.

The minister cites as an example the psycho-aptitude tests already provided for those who work in the law enforcement, such as those for carabinieri, which last three days: 'the psycho-aptitude test is provided for all the most important functions in the country: doctors, airline pilots, law enforcement. The public prosecutor is the head of the judicial police and the pg is subject to psycho-aptitude tests. So if we do it to those who obey a commander, why would it not be possible to do it to those who lead the judicial police?".

Then he reveals: 'I submitted myself to the Minnesota psychological tests, which is what we would like to introduce here. After all, there is nothing wrong with a person trying to understand what he or she is like, and perhaps people who are in charge of other people's lives, such as doctors, can try to correct themselves'. A final passage on the 'cuts' in the placement of magistrates outside, another of the approved measures: "There was a lot of pressure to reduce this number: we brought it down to 180. The rule, however, will enter into force in 2026 because at the moment it would not be possible to deplete certain bodies of magistrates who are essential".

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