ask you to spend some of your precious time.
My candidacy in the forthcoming elections of the Superior Council of Magistracy, as autonomous, it is not backed by any kind of information campaign correntizio.
The only way for me to propose to the voters is thus a brief personal presentation and a brief illustration of just five major aspects of my program.
are Edoardo Cilento, I'm 43 years old and was born and live in Naples. I was appointed judicial hearing officer with DM 05/30/1996. From 30.11.2009 perform the duties of an employment tribunal at the Court of Appeal of Naples. Previously I was an employment tribunal at the Court of Naples. I played also serve as a judge of criminal and juvenile court.
With a nomination as an independent, 7 April 2008 I was elected member and secretary of the Judicial Council of the District Court of Appeal of Naples. Within the Council I was also elected member of the Commission on the supervision of the courts.
An election program too long and articulated in danger of being postponed by colleagues already using most of the day and scrupulously carry out their demanding tasks. For this reason I decided to reduce myself to just five points that I consider particularly important and timely. But please do not hesitate to contact me at my email address E-mail shevardnadze@libero.it if you had an interest in discussing with me every other issue that must be addressed in the next four years of self-government of the judiciary.
1) The intransigent defense of the values \u200b\u200bof autonomy and independence of the judiciary must constantly engage the next CSM, not only with abstract statements of principle but also with real reactions to any attempt to weaken and control of the judiciary in its together or for each judge or prosecutor.
The impartiality of the judicial function is now forced to endure repeated external attacks by politicians and the media, which have now reached the extreme of exasperation and punishment surreptitiously using the tools of increases disciplinary pay cuts and defamation in the media. Proved no less dangerous under certain conditions resulting from a degeneration of the internal system of currents, which, from sites devoted to the cultural debate and ideal, unfortunately, have become centers of patronage, opportunism and careerism privileged. With the ruling
n.9296 filed just last May 24, the Council of State annulled the decision of the CSM to yet another contribution of the apical position, criticizing in particular the excessive consideration given to the roles and responsibilities with respect to non-judicial work diligently carried out in a strictly judicial.
autonomy and independence of the judiciary is constantly threatened not only by external attempt to impose on judges and prosecutors the responsibility of the breakdown of Italian justice, but also by internal dysfunction that unfairly rewards membership correntizia a few at the expense of ' impartial professionalism of many.
not, however, dared to try to seize an alarming parallel between the intolerance to judicial supervision, the insane law making in recent years and now endemic spending cuts imposed by the policy of the courts, and certain logical correntizie that have engendered the other hand even an obvious lack of confidence in the judges themselves in their maximum self-government.
E 'then needed a radical change in methods of decision of the CSM that the prevalence of divorce openly associated interest on those of justice, because only then the demand for autonomy and independence of the judiciary will regain its credibility with citizens and get on a winning political project against the popular but highly suggestive.
2) The more rapid and transparent handling of all procedures and practices the responsibility of the next CSM will ensure better efficiency of definition and especially greater involvement of judges concerned in which should be given the right to closely monitor and control the board's work that concern them.
Modern computer technology now allows audio and video hookup in real time, with so little cost to the activities of the CSM can watch from a distance all the judges authorized by a special access code. An equal responsibility for its accuracy has been for years already provided in the parliamentary work that are broadcast - live - with special TV and radio channels. Equally
be facilitated direct contact with the director of the magistrate concerned owner of a procedure or practice that he is concerned, to get even by e-mail or by telephone all state information and the operation of the process and above all detailed explanations for any delay or hindrance.
3) The immediate improvement of the conditions and workloads of judges must be placed among the priorities of the next CSM, at least it's unbearable amount of civil and criminal trials exposes each individual judge or prosecutor to civil liability, and accounting for disciplinary misconduct that rely primarily by malfunctioning of the system and apparatus.
The issue of so-called "loads due" must then be dealt with without hesitation and hypocrisy with the standardization of secondary instruments available to the Council, of course not as a limitation opportunistic the full commitment of each judge, but only as a protection clause by unreasonable objections to the dignity and integrity of the judicial function.
In other words, an abnormal amount of criminal and civil affairs inevitably puts judges and prosecutors in a state of perpetual failure and delay and probable error or defect in quality, with the result that the lack of a certain limit of human chargeability exposes them to the continuing threat at least to start issuing sanctions unjust.
Any determination of an appropriate performance standards developed by the Technical Commission established at the time by CSM, must also be necessarily subject to prior colleagues of all judicial offices.
The temporary nature of managerial positions, while it has certainly created a positive work attitudes, on the other hand pushes the heads of offices to take on increasingly human chargeability to chase appreciative of the results themselves. All this at the expense of the autonomy of the individual judge and the professional quality of work, with a view to the eye and sometimes dull bureaucratic control. Work as a "production" is intended only its exponential growth and contrasts with the work as "service" which pursues not only the result of goods and commodities but also the provision of time, care, report and intelligence.
4) The urgent establishment of an efficient system for employees of the judge and the prosecutor must be immediately planned and implemented from next CSM, so each judge can have, in addition to clerks, secretaries, bailiffs and police , also has a real structure of lawyers of which is still the only decision-making summit.
The creation of the so-called "office of the court" must then be carried out without any financial outlay by means of secondary standards to the Board and Memoranda of Understanding with the universities of specialization in law, that in their scientific programs will insert the required and free training of the students at the courts.
The success of the project is entrusted to the mutual benefit of postgraduate students a unique opportunity to take advantage of legal education is not only theoretical but rather a concrete access to civil litigation and prosecutions, and judges and prosecutors to obtain a foster collaboration and qualified spontaneous in the study of issues in law and in drafting the material motivations.
My candidacy in the forthcoming elections of the Superior Council of Magistracy, as autonomous, it is not backed by any kind of information campaign correntizio.
The only way for me to propose to the voters is thus a brief personal presentation and a brief illustration of just five major aspects of my program.
are Edoardo Cilento, I'm 43 years old and was born and live in Naples. I was appointed judicial hearing officer with DM 05/30/1996. From 30.11.2009 perform the duties of an employment tribunal at the Court of Appeal of Naples. Previously I was an employment tribunal at the Court of Naples. I played also serve as a judge of criminal and juvenile court.
With a nomination as an independent, 7 April 2008 I was elected member and secretary of the Judicial Council of the District Court of Appeal of Naples. Within the Council I was also elected member of the Commission on the supervision of the courts.
An election program too long and articulated in danger of being postponed by colleagues already using most of the day and scrupulously carry out their demanding tasks. For this reason I decided to reduce myself to just five points that I consider particularly important and timely. But please do not hesitate to contact me at my email address E-mail shevardnadze@libero.it if you had an interest in discussing with me every other issue that must be addressed in the next four years of self-government of the judiciary.
1) The intransigent defense of the values \u200b\u200bof autonomy and independence of the judiciary must constantly engage the next CSM, not only with abstract statements of principle but also with real reactions to any attempt to weaken and control of the judiciary in its together or for each judge or prosecutor.
The impartiality of the judicial function is now forced to endure repeated external attacks by politicians and the media, which have now reached the extreme of exasperation and punishment surreptitiously using the tools of increases disciplinary pay cuts and defamation in the media. Proved no less dangerous under certain conditions resulting from a degeneration of the internal system of currents, which, from sites devoted to the cultural debate and ideal, unfortunately, have become centers of patronage, opportunism and careerism privileged. With the ruling
n.9296 filed just last May 24, the Council of State annulled the decision of the CSM to yet another contribution of the apical position, criticizing in particular the excessive consideration given to the roles and responsibilities with respect to non-judicial work diligently carried out in a strictly judicial.
autonomy and independence of the judiciary is constantly threatened not only by external attempt to impose on judges and prosecutors the responsibility of the breakdown of Italian justice, but also by internal dysfunction that unfairly rewards membership correntizia a few at the expense of ' impartial professionalism of many.
not, however, dared to try to seize an alarming parallel between the intolerance to judicial supervision, the insane law making in recent years and now endemic spending cuts imposed by the policy of the courts, and certain logical correntizie that have engendered the other hand even an obvious lack of confidence in the judges themselves in their maximum self-government.
E 'then needed a radical change in methods of decision of the CSM that the prevalence of divorce openly associated interest on those of justice, because only then the demand for autonomy and independence of the judiciary will regain its credibility with citizens and get on a winning political project against the popular but highly suggestive.
2) The more rapid and transparent handling of all procedures and practices the responsibility of the next CSM will ensure better efficiency of definition and especially greater involvement of judges concerned in which should be given the right to closely monitor and control the board's work that concern them.
Modern computer technology now allows audio and video hookup in real time, with so little cost to the activities of the CSM can watch from a distance all the judges authorized by a special access code. An equal responsibility for its accuracy has been for years already provided in the parliamentary work that are broadcast - live - with special TV and radio channels. Equally
be facilitated direct contact with the director of the magistrate concerned owner of a procedure or practice that he is concerned, to get even by e-mail or by telephone all state information and the operation of the process and above all detailed explanations for any delay or hindrance.
3) The immediate improvement of the conditions and workloads of judges must be placed among the priorities of the next CSM, at least it's unbearable amount of civil and criminal trials exposes each individual judge or prosecutor to civil liability, and accounting for disciplinary misconduct that rely primarily by malfunctioning of the system and apparatus.
The issue of so-called "loads due" must then be dealt with without hesitation and hypocrisy with the standardization of secondary instruments available to the Council, of course not as a limitation opportunistic the full commitment of each judge, but only as a protection clause by unreasonable objections to the dignity and integrity of the judicial function.
In other words, an abnormal amount of criminal and civil affairs inevitably puts judges and prosecutors in a state of perpetual failure and delay and probable error or defect in quality, with the result that the lack of a certain limit of human chargeability exposes them to the continuing threat at least to start issuing sanctions unjust.
Any determination of an appropriate performance standards developed by the Technical Commission established at the time by CSM, must also be necessarily subject to prior colleagues of all judicial offices.
The temporary nature of managerial positions, while it has certainly created a positive work attitudes, on the other hand pushes the heads of offices to take on increasingly human chargeability to chase appreciative of the results themselves. All this at the expense of the autonomy of the individual judge and the professional quality of work, with a view to the eye and sometimes dull bureaucratic control. Work as a "production" is intended only its exponential growth and contrasts with the work as "service" which pursues not only the result of goods and commodities but also the provision of time, care, report and intelligence.
4) The urgent establishment of an efficient system for employees of the judge and the prosecutor must be immediately planned and implemented from next CSM, so each judge can have, in addition to clerks, secretaries, bailiffs and police , also has a real structure of lawyers of which is still the only decision-making summit.
The creation of the so-called "office of the court" must then be carried out without any financial outlay by means of secondary standards to the Board and Memoranda of Understanding with the universities of specialization in law, that in their scientific programs will insert the required and free training of the students at the courts.
The success of the project is entrusted to the mutual benefit of postgraduate students a unique opportunity to take advantage of legal education is not only theoretical but rather a concrete access to civil litigation and prosecutions, and judges and prosecutors to obtain a foster collaboration and qualified spontaneous in the study of issues in law and in drafting the material motivations.
5) The necessary solution to the problem of poor coverage of judicial offices must be approached and finally resolved by the next CSM with a radical change of course, given that the current policy type of economic incentives not only led the most experienced judges to deal with many of the region and the change of judicial function.
emergency legislation which introduced the transfers outside the district office, mainly to swell the growing gaps in workforce Prosecutor's Office, is now at odds with the constitutional principle dell'inamovibilità and again handed for the younger judges. In short, once the legislature has acted brutally in the voids decision of the CSM.
Only by ensuring that judges and prosecutors older concrete career opportunities as an incentive to voluntarily have requested to move to and stay in places disadvantaged or functions like, will it really possible to reconcile efficiency of the courts, respect for the autonomy and independence of the judiciary and meritocracy of those who have chosen to endure greater sacrifices.
However, the solution of the incentives of career so far been unwelcome to the system of currents, it is clear that it would limit the wide discretion of the directors who are members, to give assignments and semi-direct steering at will.
are ultimately convinced - and so assure that I will sponsor if elected at the next CSM - that the evaluation of judges and prosecutors for the purpose of career advancement is that the contribution of management positions, must necessarily be linked to objective and predetermined criteria.
should be given to the evaluation of the absolute prevalence of the magistrate in the exercise of judicial functions, the capacity in the management of cases assigned to him and willingness to serve needy people, or more burdened with work.
instead must exclude such non-work assessments and discretionary, to date normally used to promote advancements colleagues "in the line of similarity" with the current membership.
I trust therefore that the votes of his colleagues acknowledge these principles and agreed In these reflections, which may still be subject to further discussion with all those who wish to discuss in depth.
