To reduce waiting times for trials, not to improve Justice

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With the clamor of the most celebratory solemnity, the President of the Court and the Chief Prosecutor of the Aosta Valley announced, on the anniversary of the feast of the woman, and therefore of the mothers, on 8 March, the entry into force of a protocol of agreement between the Court and the Prosecutor’s Office to coordinate their respective activities in separations and foster care, in order to reduce the time of proceedings in family disputes.

“The Court – announced the President Dr. Gramola – in particular those who deal with the family, become aware of the measures issued by the Gip at the request of the Prosecutor. … we have every interest in knowing what happened in the criminal profile … we can issue provisions that have more solid and precise foundations, with all that follows in relation to the quality of the pronouncement “.

The PM, owner of the Department of Investigations on the Red Code, given the size and organization of the office he directs, proposes to reduce the time to three months and, even with hearings to 45 days, respecting the terms necessary for the notifications and for the proper establishment of all parties to the judgment “.

We can only congratulate the good intentions of the Aosta Judiciary, but we do not know if the intentions have really awakened the interest of the Justice or if this does not hide the effects noted by the ministerial inspection which took place between June and July 2018.

Knowing the step and the trait of the Italian justice system, we think that the proposal of the Protocol instead originated from the ministerial inspection that X-rayed the activities of the Aosta Valley court in the period from 1 April 2013 to 31 March 2018. The report of the Inspectors, published on the web, concluded between June and July 2018, it does not appear “rosy”. Consequently, it appears presumable that the need has arisen to organize coherently with the needs of time efficiency to the best of the results to be certified in the next inspection. And which sector to keep under pressure? For the Court and the Prosecutor’s Office, family disputes, children, violent fathers, abused women and the family are reported. Here the commitment was noted. The usual Protocol, which has now become an easy-to-use tool in judicial procedures, comes to the rescue of shortcomings, delays, the stopgap of the occasion.

The old and chronic problems of the Aosta Valley Justice come to mind, whose balance often, too often, is not immune to gender solutions and appears unequal and respectful of the inalienable rights of the citizen. The rights of the persecuted, as always, enter the forge of work to be subjected to the alternating rhythm of the blows of the operators who beat the iron to be tempered, just extracted from the forge of burning coals. In eight written points the Prosecutor’s Office and the Court agree on the method and action to reach a quick decision in matters of family disputes. The Protocol stipulated on October 1, 2019, after the pandemic period of 2020, sees the colored light on March 8, 2021, a day memorized with songs, sounds and mimosa flower. The agreement is announced with great emphasis. With so many doubts, the citizen concerned awaits the consequences. The date of March 8 leaves no doubt! The signal from the Court and Prosecutor’s Office heralds worse times for the male gender!
Will the theme of unity, so dear to the Government and international Authorities, at this time of Covid, find justice ready, adequate and coherent to hold together the duties of parents and the rights of the family according to the dictates of the codes? Will the Valdostana Justice be able to penetrate into the sensitivity of the moment and “spoil” the false and instrumental complaints to hit the other parent, weaker and less favored, in order to prevent him from exercising his right as a parent? Posterity will judge!

The protocol, according to the Valdostana justice, will be the tool to help resolve in a short time, and “for the good family peace”, a conflict that arises in previous situations of disagreements and misunderstandings, in which the institutions and public services, all regularly paid , they have not been able to face them and if they have intervened, they have done so with the worst modalities and conditions. When the conclusion of the trial, in the separation dispute, is favorable to one of the contenders, we only have to acknowledge that that dispute cost a mountain of money, the children have lost the social reference point of the most accredited parent and the State has failed. . The famous Protocol will appear to be nothing more than the instrument that has safeguarded the face of the Court and Prosecutor from ministerial inspections, but has not been able to resolve the dramatic aspects of the separated family, of the children left alone, of the consequences of suicides, strangely only of the fathers , and did not respond to the biggest problem, that of serving the interests above all of minors. The Protocol saved the public face of Justice from criticism for delays and inconsistencies among the judges.

The Protocol, for a more efficient justice according to ministerial expectations, in a district that has just over 135,000 inhabitants, appears extremely incomprehensible, taking into account data and situations that can be counted on the fingertips. A reflection is a must: either the fathers are all liars, violent and abusers, or the mothers are always without the original sin and carry the proven method of the historic apple inside.

Greater coordination in the actions between the Court and the Prosecutor’s Office, this is the purpose! It means better and more combined use of crime and investigation reports for the purposes of the civil trial. Provided that the activities followed exhaustive, non-color or protective procedures. The principle of equal opportunities has overcome gender differences, the colors of the benches, in an era in which culture has assumed a degree of validity and institutional guarantee with the utmost respect for women with Cartabia Minister of Justice, former President of the Court constitutional. We ask Minister Cartabia to investigate the subject of the Protocol, too often used by Courts and Prosecutors to fill in defects in procedures concerning formalities, delays and organizational malfunctions. The machine of justice does not need protocols to function, but a different, modern and updated culture of “administration”, applied to the process, without color differences. In a state of law it is the right that marks the corollary of equal justice for all, not protocols.

lawyer Gerardo Spira

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