CSM Magistrates Seek Safeguards for Cassation Court Judges

Rome: All the magistrate members of Italy’s Supreme Council of Magistrates (CSM), alongside three ‘lay’ councillors elected by Parliament, have formally requested the initiation of a special procedure aimed at safeguarding the independence and autonomy of the joint chambers of Italy’s supreme Cassation Court.

According to Ansa News Agency, this request follows a recent ruling by the Cassation Court that held the Italian government liable for compensating migrants who were denied disembarkation from the coastguard ship Diciotti in 2018. The ruling has faced severe criticism from executive members, prompting concerns among the judiciary about potential threats to their autonomy.

The CSM members, in their request, highlighted that political comments made in response to the ruling were intended to delegitimize the court and undermine its prestige and function. They emphasized the need for protective measures and called upon the president’s office to safeguard the Cassation Court’s joint chambers responsible for the ruling.

The controversy stems from the supreme court’s decision last Friday, which supported a migrant’s appeal from the Diciotti vessel. The appeal argued for compensation from the Italian government, claiming deprivation of personal freedom. The Cassation Court ruled that the refusal to allow the migrants to disembark was an administrative, not political, act, thus falling under regular judicial jurisdiction.

The court determined that the Diciotti’s delay in disembarking the migrants was unjustified and not related to migration policy but rather a rescue operation. It concluded that the government’s inaction led to damages for the migrants, which warranted compensation, and referred the case back to Rome’s appeals court for further deliberation.

In response to the ruling, Deputy Premier and Transport Minister Matteo Salvini criticized the verdict as an overreach into political territory. Premier Giorgia Meloni also questioned the ruling, expressing concern over taxpayer money being used to compensate individuals attempting illegal entry into Italy.

Justice Minister Carlo Nordio expressed his reservations about the ruling’s implications, fearing potential risks. As a result, the first president of the Cassation Court, Margherita Cassano, defended the judiciary’s independence, stating that while criticism is permissible, insults challenging the separation of powers are unacceptable.

Cassano reinforced the importance of maintaining the rule of law, emphasizing that while judicial decisions can be critiqued, they should not be undermined or disrespected.