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See, the Cartabia announces: The Court is open to the civil society

The council "listen to the voices out". Said otherwise, "the voices outside coming in to the Court". This is the first step that accomplishes the new presid

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See, the Cartabia announces: The Court is open to the civil society
The council "listen to the voices out". Said otherwise, "the voices outside coming in to the Court". This is the first step that accomplishes the new president of the constitutional Court Marta Cartabia, the lawyer milanese unanimously voted by the fellow judges on 11 December. In those days, to make news, he seemed to especially like the fact that preside over the "judge of the laws" was, for the first time in Italy, a woman. Almost obscuring the identity of legal Cartabia, professor of constitutional law who has been working for years with colleagues abroad, ready to bring to Italy all that there is legally and procedurally useful in those experiences.

Here it is, then, put in the first bet. The "voices outside", for example, those of the "friends curiae", come to the Court from the main door. After the Christmas break, Cartabia shall affix his signature on a revolution, even so small, in the judgments of the Court. An opening to the outside world - precisely, starting from the so-called "friends curiae" - which can get into the reviews which have so far been kept out, the ability to collect officially opinions outside of the perimeter of the Court, finally to the fact that in the judgments raised by a judge to enter also in this case, interested parties will have access to the records. These changes are intended to transform, over time, the mechanism of the judgment is constitutional.

the changes to The regulation, decided on 8th January, will be operational as soon as they are published in the official Journal. It is a matter of days. Of course, will concern the "future judgments", of course not yet the decision of 15 January on the referendum league, but will have the effect to open the building, make decisions, participate more in respect to different opinions, which up to now had space only in the newspapers. Think of all the ethical issues, from the end of life, to fertilization, to the gay couples, to life imprisonment.

In the future, instead, as happens in the european Courts, in that of human rights in Strasbourg, for example, "amici curiae" will take on an official role. Writes the Court, in the notice that he has made public the news: "Any social formation, non-profit and any institutional subject, if the interests of collective or diffused related to the issue under discussion, will be able to submit short written statements to provide to the Court elements useful in the understanding and assessment of the case submitted to his judgment."

so Far it was only a matter of written pleadings, which for the most part remained out of the reviews. As in the case Cappato, when the Court in November decided on the assisted suicide (which resulted in the full acquittal of Marco Cappato). An experienced as well as
Massimo Donini had posted opinions. That, however, were acquired only in an informal way. In the future, that contribution will be able to enter fully into the judgment and can take a weight in the final decision, from the inside of the Court, and not just any opinion, external.

examples? The trade unions, the Confindustria, Anci or the Reeds, associations such as the Legs, Antigone, Science and life, the Guarantor of the prisoners, so much so that Mauro Palma, which today plays that role, already promotes the step of the Court. In the category fall all those subjects which until now have tried to participate in the decisions, but have been rejected because the Court was closed on the outside. Today, in line with the long tradition in the Usa, the same Court is open to non-profit associations. We'll see if institutional entities as the authority may enter in the reviews.

Even the "reputable experts" can be partners in the official of the Court, if it "deems it necessary to acquire information on the specific disciplines." A comparison that will be held in the council chamber, in the presence of the parties to the judgment. And just on the parts of the trial comes the most recent news, certainly the one that will argue with you about that, because "in the reviews for incidental, proposed by a court in the course of a civil, criminal or administrative, can also intervene with other entities, provided that they hold a qualified interest pertaining directly and immediately to that judgment." In addition to the 15 judges, the State Attorney, on behalf of the government or of the Regions, to the lawyers of the parties involved, it will become official with the presence of those who, regardless of the specific case, the treaty will have an interest in the outcome of the decision.

"The Republic will fight always in defense of the freedom of information, to its readers and to all those who have at heart the principles of democracy and civil coexistence"

Carlo Verdelli SUBSCRIBERS TO REPUBLIC © Reproduction reserved reader COMMENTS Today on The challenge of Zingaretti: “the Old Pd adieu, here is my turning-point” Of the Team leaves, but doubles: with him, a woman leading the Cutting of the parliamentarians, Salvini save the referendum to promote the crisis, As a car to service Satellites, wreckage and black boxes of the aircraft of ukraine and the hypothesis missile
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