There have been corrupt magistrates; prosecutor whose “inertia” has delayed investigations into sexual abuse or the arrest of murderers who in the meantime still kill; judges who ruled before the lawyer’s conclusions and others in clear conflict of interest. There are thousands of cases in which the CSM, despite acknowledging shortcomings and faults, does not impose serious sanctions. But most of the time it acquits.
A flaming one 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 latest decisions of the 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: 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.
CSM, reform and 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 Parodi, in a hearing in the Senate instead explained the category’s vexation: “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 professional should judge a professional. 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 created by Massimo D’Alema, almost 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».
The referendum and the battle of the togas
The battle for the referendum promises to be pitched. The new supreme court is one of the most unpleasant points in the category. Yet, i data are 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, and Sergio Spadaro, former prosecutor of the Milanese prosecutor’s office: they hid the evidence in the Eni trial. 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 Silvio Berlusconi convicted for 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».
The De Pasquale case and the CSM’s decision
The sentence was preceded by a pyrotechnic decision by the CSM, which had decided not to confirm the very delicate position of deputy: «It has been demonstrated that Doctor De Pasquale lacked the prerequisites of the impartiality and of thebalancehaving repeatedly exercised jurisdiction in a manner that was neither objective nor fair 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: he now works for the European anti-fraud prosecutor’s office.
The Colace case
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 challenge him five hundred interceptions to 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 determined by inexcusable negligence or ignorance». A month ago, however, the CSM reversed its judgment. No passage to Milan. Colace must stay in Turin.
Delays, omissions and light sanctions
The magistrates of Italy are considered very excellent. «There is no organization in the world, I believe, 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 there were eighty disciplinary actions, while the CSM issued ninety sentences. In short, rather small numbers. At that point, is justice at least equal for everyone? Of course: 38 dismissals, 28 acquittals, twenty-four convictions.
The sentences never filed
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 record? One sentence later 2,555 days. The judge defends himself: staff shortages and health problems of family members. But he already has six similar convictions. This time: two years of suspension and transfer.
The most serious omissions
Also illuminating is the story of the prosecutor who buried the accusations for decades sexual abuse of minors. The children had made “unique and coincident” statements. Inertia lasts sixteen years. Result: six months suspension.
Fatal errors and mild censorship
Among the decisions is the magistrate who delays the arrest order: the convicted remains free for six months and commits double murder. Here too, just a complaint. Or the judge who leaves a defendant in prison for almost two more years, by mistake. More censorship.
Conflicts of interest and frivolities
Then the judge in conflict of interest: holidays, dinners and daily phone calls with the lawyers of the companies involved. Those lawyers get million-dollar jobs. The penalty? Loss of one year of seniority.
Rain acquittals
The catalog of acquittals is much more substantial. There is the husband who writes to his colleague to defend his wife: an isolated case. The judge who keeps a defendant in prison six months too long: no sanction. The writer of sexist comments on social media: irrelevant. The anti-government person who insults a minister on Facebook: no media coverage, so no problem.
