Justice serving People

by Massimiliano Fanni Canelles

Italy has the necessity to undertake a cultural reform that would restore the correct values ??and ideals. This must necessary take action on the economy and welfare. But it is equally important to solve the problems of justice.

As wrote Giovanni Schiavon, President of the Court of Treviso, the Justice should not be interpreted only as a state power, but must be especially due to an essential public service to citizens. It must therefore be efficient and effective, that is real and truthful. Through the legislative function, the State prepare the means and remedies that may lead to the establishment of the facts according to a reasonableness test that protects every person investigated. But not everyone agrees with the three grades of judgment in accepting as a guarantee. There are many polemics regarding the civil liability of judges and the excessive length of proceedings. The CEPEJ report 2010 states that, in civil, Italy is at fourth place in Europe (out of 38 countries) for rate litigiousness, with 4,768 contentious per 100,000 inhabitants. With regard, instead, access to the justice system, Italy ranks second, after Russia, with over 2.8 million new cases entering the first grade. This mass process the case in a system already suffering for other reasons: the scarcity of financing and provided personnel, inappropriate use of the institution of extrajudicial mediation super-specialization of lawyers who are confronted with a low of specialized judges, often moved to the role. This serious situation exercises its deleterious effects in order to the efficiency of the entire national system. It is therefore urgent the organizational and technological rationalization of judicial services. Other themes of dramatic actuality remains that of the non-implementation in practice of law on the confidence shared. Although the Parliament has dismissed the law 54/2006, which requires the judge, in case of separation, to entrust their children to both parents by way shared, in most cases, nothing has changed. But this is only the beginning. On the subject of Justice, we cannot consider the institution of punishment and prison. The President Giorgio Napolitano stressed the necessity of a vigorous efforts to effectively respond to the drama of overcrowded prisons houses. The disastrous state of the prisons and the dramatic conditions of detention of over 66,000 persons that are restricted in various ways, on a total of 43,000 seats available, are an abomination unworthy of a civilized nation. In terms of infrastructure, there must be the building of new prisons and the renovation of existing ones. It is to be taken into consideration the possibility of decriminalizing crimes reduced gravity and does not introduce criminal liability for the irrelevance of the fact. Go, finally, favored the alternative measures to detention. These alternative measures and other community and social inclusion, managed by the offices of criminal enforcement outside, apply with local authorities, associations, cooperatives and other private and public agencies in the area. But in terms of justice and governance, we cannot deal with the problem with the current electoral law, which prevents people to be able to elect their representatives in Parliament.

The association Freedom and Justice and Future Italy have launched an appeal: among other measures, requires that future electoral law is subject to the approval of citizens through the instrument of the referendum. We ask, therefore, loudly, that the vote of the voters can once again be decisive. Also be able to rely on a democratic electoral system is a matter of justice. And if there is a law in the primary interest of the people, not politicians, that is just the electoral law.

Realized by Martina Delser

Massimiliano Fanni Canelles

Massimiliano Fanni Canelles Head of CAD Nephrology and Dialysis, Health Department with University of Udine Adj. Professor in Alma Mater University in Bologna of International Cooperation Editor of SocialNews Magazine President of Auxilia Foundation Twitter. @fannicanelles Instagram @fannicanelles 

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