The first commission of the
judiciary's self-governing body, the Superior Council of
Magistrates (CSM), on Thursday voted in favour of a resolution
proposal to protect the independence and the reputation of
magistrates and the judiciary's role after Bologna judges came
under heavy fire for referring a government measure on migrants
to the European Court of Justice a few weeks ago.
A plenary session of CSM is now set to vote on the resolution
proposal, possibly on November 20.
According to the commission, the referral regarding a new
government decree listing 19 safe countries of repatriation was
slammed by leading representatives of institutions in statements
that were unrelated to the juridical issues raised by the
Bologna court, hinting at an absence of impartiality without
objective evidence.
The Bologna judges referred a measure defining a list of safe
countries for repatriation to the EU court to ask whether the
principle of the primacy of EU law should prevail if a conflict
arises with Italian legislation in relation to an appeal case
presented by an asylum seeker.
The commission voted the document with five votes in favour,
including all magistrate members of the body in addition to a
member appointed by parliament, Michele Papa, and one vote
against by another councillor nominated by parliament, Enrico
Aimi.
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