Italy. How to clip a prosecutor’s wings

A so-called reform could limit the judiciary's freedom of action

SOMETHING is awry when judges go on strike. Italy's have done so 14 times since the second world war, and thrice since Silvio Berlusconi, who is currently on trial for allegedly bribing judges, returned to power in 2001.

The latest one-day stoppage, this week, was called by the National Magistrates' Association (ANM), whose members account for about 90% of the country's judges and prosecutors. In Italy, both are classed as magistrates and belong to the same profession. Their strike capped a series of protests against a bill to reform the judicial system, as it went through its last stages in parliament. The ANM claimed that over 80% of magistrates stayed away from work. Coming for the third time in this parliament, protests lose their edge, and media interest dwindled - even though the magistrates' complaint goes to the heart of many people's fears over Italy's future under Mr Berlusconi.

Some objections to the bill are obscure, others obvious. Sensibly, it bans magistrates from belonging to political parties. And it makes them choose between becoming judges and prosecutors within five years of qualifying. That is designed to reduce the chances of collusion in trials between participants who should be entirely independent of each other. Defence lawyers also struck this week - in pursuit of an even sharper break between prosecutors and judges.

But prosecutors need to be protected as well as hived off. It is true that they are at times eccentric and high-handed. This month, one warned a reporter he was under investigation for “aiding and abetting” a string of killings after the newsman questioned his line of inquiry. The bill would make the promotion of prosecutors dependent on success in examinations and make them take psychological tests: fair enough. But the part of the bill that has caused outrage is its attack on the newly-segregated prosecutors' independence. In a place as corrupt as Italy, the need for strong, autonomous investigating magistrates exceeds the risk of occasional abuses.

The bill would concentrate responsibility for initiating criminal proceedings in the hands of chief prosecutors who, because of the job structure now created, may become more careerist and susceptible to political influence. It also extends the powers of the justice ministry both to shape the charges brought against defendants and to take disciplinary steps against prosecutors. Worries over this move grew in recent days after two lawyers prosecuting Mr Berlusconi were presented with new malpractice charges by the justice ministry.

Another concern is the future of the fight against organised crime. With their freedom curbed, can prosecutors really go after mobsters who may well have political protectors?

Article looks at proposals to reform the judicial system in Italy, which some say will limit the judiciary's freedom of action.

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