ARTICLE

Silent Protest in the Milan Court of Justice

On Saturday 25th January an extraordinary silent protest took place in Milan. During the ceremony of the opening of the courts and the judicial year, around 75 judges and lawyers stood up holding up a copy of the Constitution.

The judges were demonstrating their concern about government proposals to change the prosecution service. At present prosecutors follow the same route on training and careers as judges. The Italian Government proposes to separate the career of prosecuting judges from those of adjudicating judges, consequently envisioning the creation of two High Councils of the Judiciary, one for each body. At present, no provision has been made for the prosecution to be placed under the control of the executive branch. However, magistrates fear that such a reform will, over time, lead to government interference and the loss of the judiciary's independence, as happens in all countries where there is a distinction between prosecuting and adjudicating judges.

After holding up the Constitution for all to view, the judges and lawyers began a slow procession out of the Court during the speech of Monica Sarti, Head of the Inspectorate General of the Ministry of Justice the representative of the Minister of Justice, believing that such a reform must necessarily first include a constitutional reform. They returned in a slow march later still holding aloft the Italian Constitution. Members of the international legal community were present

for the important ceremony for the opening of the legal year in Milan, and expressed shock at the attempt to bring the prosecution service under political control. The protest in Milan also took place outside the court, as did similar protests in Naples and Rome.

The President of the Italian Senate, Ignazio La Russa was present in the ceremony, representing the government, and witnessed the silent protest. Disapproval was expressed at the proposals by Dario Scaletta (Counsellor of the High Council of the Judiciary) and Manuela Andretta (Secretary of the District Section of Milan of the National Association of Magistrates).

Among the international legal community present in the ceremony was Sara Chandler KC(Hon), WHLS International Committee member. Sara is also a member of the Law Society’s International Committee, and Past President of the Federation of European Bars (|FBE), and currently Secretary of the FBE’s Human Rights Commission. After the ceremony Sara met with members of the Milan Bar and judiciary afterwards and expressed support for their stand. “Wherever their are incursions into the independence of the judiciary, the international legal community will condemn such moves and support

the legal profession in their commitment to the rule of law and an independent legal profession”.

WHLS members are invited to the opening of the judicial year ceremonies in Milan every year. The next invitation to WHLS members is to attend a workshop in Barcelona (13th to 15th February) on SLAPPS. David Greene, Senior Partner at Edwin Coe Solicitors, is one of the expert speakers. Future dates for your diaries: 10th to 12th April Gdansk, Poland and 29th to 31st May in Berne, Switzerland. Then from 5th to the 7th June, lawyers from the WHLS twinned bars will be visiting us from Bilbao, Barcelona, Milan, Palermo, Paris, Krakow, and Cluj-Napoca. It will be a great opportunity to build contacts for the benefit of your clients and your firm. ■