A flaming Porsche Cayennegranted on loan for a year and a half. And then one Mercedes and another Porschebuy at favorable prices. Or the Range Roverresold at the same price as the purchase. The former judge from Caltanissetta, now serving in Palermo, loved luxury cars. And the two defendants, owners of a dealership, supported him. One of them had been accused of aiding and abetting Cosa Nostra: acquitted by that magistrate and then convicted on appeal. One of the last decisions of Superior Council of the Judiciary tells yet another story of intrigue and passion: the judge who allegedly obtained cars and advantages “from two entrepreneurs involved in criminal proceedings handled by him”. The conclusion is apocalyptic: it undermines the “credibility of the entire judicial order”. The consequence is more accommodating: salary and career blocked for two years. He can peacefully continue his work in the Palermo court.
Disciplinary reform and the High Court
There is little to be surprised about. The alleged offenses of the magistrates are evaluated by the disciplinary section of the Csm. There justice reformhowever, plans to transfer this function to aHigh Court. “When a judge makes a mistake tomorrow, he will finally take responsibility for it” says the prime minister, Giorgia Meloni. The president of the ANM, Cesare Parodiin a hearing in the Senate he instead explained the turmoil of the category: “How can you fully evaluate the pathological moment if you don’t know in detail on a daily basis what the physiology of the system and its functioning is?”. In short: only a robber should judge a robber. But this seems to be exactly the problem. «The High Court will guarantee greater independence» he assures Carlo Nordiothe Minister of Justice, «It will be a body made up of highly qualified elements». It was already foreseen in the Bicameral Parliament wanted by Massimo D’Alemaalmost thirty years ago. «It is an idea that was born to overcome a current system that everyone defines as deviant and unacceptable» adds Nordio. The President of the Republic will continue to preside over the two CSMs provided for by the reform, while the High Court will be independent: «To avoid giving him responsibilities incompatible with his office».
A field referendum on justice
The battle for the referendum it sounds campy. The new supreme court is one of the most unpleasant points in the category. Yet, the data is eloquent. The anecdotal is wasted. Magistrates almost never pay. And on the very rare occasions when it happens, the sanctions seem symbolic. A month ago, for example, the Court of Appeal of Brescia confirmed the eight-month sentence to Fabio De Pasqualealready added to Milan, e Sergio Spadaroformer prosecutor of the Milanese prosecutor’s office: they hid the evidence in the trial Eni. It ended in 2022 with the acquittal of all the defendants. De Pasquale, however, remains an absolute legend for the tricolor Jacobins. The most legendary scalp still echoes. He is the only prosecutor who managed to get a conviction Silvio Berlusconifor tax fraud on television rights. Then, however, comes the nemesis: «They only used what could benefit their thesis» write the Brescian judges, «surgically leaving out the harmful data». That is: that evidence which demonstrated that the main prosecution witness was an interested slanderer.
Sensational decisions by the CSM
The sentence was preceded by a pyrotechnic decision by the CSM, which had decided not to confirm the very delicate position of deputy: «The absence of the prerequisites of impartiality and balance on the part of Doctor De Pasquale has been demonstrated, having repeatedly exercised jurisdiction in a manner that was neither objective nor fair with respect to the parties as well as without a sense of proportion and without moderation». However, don’t worry: the irreproachable continues to flog: he remains a fierce prosecutor from the Milanese prosecutor’s office. Like Spadaro, after all: now he works for the European Anti-Fraud Prosecutor’s Office.
Also Gianfranco Colace he remains a standard bearer of the Turin judiciary, despite the decision of the CSM last March: transfer to Milan, transition to civil service, loss of one year of seniority. They accuse him of five hundred interceptions of the former senator of the Democratic Party, Stefano Esposito. He was sent to trial even before requesting authorization from Palazzo Madama for the use of 151 telephone calls. The investigation hypothesizes an exchange of favors with an entrepreneur. The process lasts seven years. In the end, Esposito is acquitted of all charges. Colace, a few months later, was sanctioned. The reasons were published on 18 July: «Serious violation of the law caused by negligence or inexcusable ignorance». A month ago, however, the CSM reversed its judgment. No passage to Milan. Colace must stay in Turin. The hearings of the first commission, which deals with incompatibilities, are decisive. The Attorney General, Lucia Mustihe explained: “He was a bit of a spearhead for investigations into administrative crimes.” In its glorious past, there is also the smog investigation against the city’s former mayors, Piero Fassino And Chiara Appendinoas well as the old governor, Sergio Chiamparino. It ended with the acquittal of all the accused.
Merciless numbers on disciplinary actions
«The magistrates of Italy are considered very excellent. I believe there is no organization in the world in which its members are always considered very good” says Nordio. The Attorney General of Cassation reveals the latest data. In 2024, they were reported 1,715 magistrates: almost two thirds of cases have already been archived. «95 percent or so ends up in nothing» adds the minister. In fact, last year can be counted eighty disciplinary actionswhile the CSM issued ninety sentences. In short, rather small numbers. At that point, is justice at least equal for everyone? Nope: 38 dismissals, 28 acquittals, twenty-four convictions. And the penalties, which can also be appealed, do not seem exemplary. Ten censures: that is, “formal declarations of reprimand”. Buffetti, practically. Again: eight losses in seniority and four suspensions from duties. Finally, the most serious sanction: the removal. It arrived in only two cases: 1.8 percent of the measures.
Record delays and minimal sanctions
The accusations of the Attorney General and the ministry are not trivial, however. Some “historic decisions” are published in the archive of the disciplinary section. There is the judge who in five years files 29 civil sentences “with a delay exceeding three times the expected term”. For another 119, the slowness is even greater: “More than 200 days from the reserve date”. The considerable record goes to the one delivered next 2,555 days: seven years, more or less. The judge, in front of his colleagues from the CSM, defends himself: staff shortages and health problems of family members. But he has “already been convicted six times in the past for the same crime”. The toga, therefore, is punished: two years of “suspension from duties” and transfer to the civil section. Where, perhaps, he will come across that other colleague who hasn’t filed 350 sentences“in a time exceeding four times the legal deadline”. With him, however, the CSM is more lenient: it limits itself to a censure.
Child abuse forgotten for years
Also illuminating is the story of the prosecutor who buried the accusations for decades sexual abuse and mistreatment of some children. The investigation was opened in May 2004. The orcs had already been identified months earlier, «as per the judicial police note in the documents». But only in November 2010 were they investigated. Another ten years pass. The public prosecutor requests the dismissal: «After more than sixteen years of total investigative inertia» explains the sentence. Aggravating: the children, he adds, had “made unambiguous and coincident statements”. Just as the accusations of a fourteen-year-old girl regarding her uncle’s alleged sexual abuse were believed to be truthful in another proceeding. The case was assigned in October 2010. The request for indictment came ten years later: in November 2020. The prosecutor was accused of “inexcusable negligence”. Yet he gets off with six months’ suspension and transfer to civil court.
When justice arrives too late (or doesn’t arrive)
Among the published decisions, there is also the one about the magistrate who was late in arresting a man. The three-year sentence dates from 2020. It becomes irrevocable in December 2021. The execution order, however, only arrives in June 2022. The condemned man remains a bird of the woods for six months. Meanwhile, he is arrested for double murder. The CSM does not rage: mild censorship. Despite “the conduct of the accused caused very serious concrete consequences”. But there is also the judge who leaves a person in prison for almost two years, despite the pre-trial detention having expired 578 days ago, “with serious violation of the criminal procedure code”. Almost two more years in prison. It’s also the fault of the stationery. Oh well, once again, a censorship is enough.
Conflicts of interest, loves and favoritism
There is no shortage of obvious judge conflict of interest: «He knowingly failed to abstain from the proceedings for composition with creditors». However, he had “a long and consolidated friendship” with the company lawyers: holidays, dinners, daily phone calls. Those professionals, explains the disciplinary commission, “benefited from roles in the most relevant court procedures”, receiving “total compensation of more than one million euros each”. The CSM decides to remove one year of seniority from the magistrate involved.
The exploits of those who demonstrate the opposite attitude are also narrated. The judge who sentences before the lawyer’s conclusions. A conduct that “caused irreparable harm to the accused and his defender”. The trial was therefore cancelled. The judge defends himself: acute stress reaction. Just yet another complaint, anyway. In review, there is also the womanizer judge: with the lawyers he won over, he discussed bankruptcy procedures. Not bad. Loss of seniority of four months. And that other judge, who faced his beloved lawyer in the courtroom 12 times, should have abstained. Another censure. Love always triumphs.
The infinite catalog of acquittals
Much more substantial, obviously, is the catalog of acquittals. Almost exterminated. The exemplary decisions are reported every year in the disciplinary section maxim. Here are some, published in 2025.
There is the exemplary husband: writes to the colleague who investigated his wife, pleading the innocence of his beloved wife. Isolated and not very relevant case, declassified by the CSM. There is the implacable whipper: he keeps the accused in prison for six months too long. Moreover, they explain, the lawyer did not ask for revocation and that judge boasts an impeccable career. There is the extender of sexist comments on social mediaaccompanying your photo in toga. The important thing, however, is that they are not accompanied by the request “to obtain benefits or unfair advantages for oneself or others”. And there’s the ferocious anti-government: three offensive posts against a minister are made on Facebook. It would be a disciplinary offense, of course. But he too, in the end, is pardoned. His mockery, the maxim details, had “no media coverage” and did not affect “in any way the professional figure of the accused”. Not even a warning. Not even a rebuke. The important thing is that insults remain between friends.
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