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Bill: P.d.l. 02/4451 - Reform of the Appointment of the Judges of the Supreme Court and of the competence of the Senate

Details

Submitted by[?]: Alleanza Radicale - NCD

Status[?]: passed

Votes: This bill is a resolution. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.

Voting deadline: March 4454

Description[?]:

Valeria Micozzi, AR:

"Mr Speaker,
it passed some time from the first debates on the reform of the Senate and of the appointment of the Judges of the Supreme Court, for this reason AR would like present and propose you this text to definitively proceed with this reform.

The Supreme Court is the Constitutional Court of Istalia, tasked to judge on the Constitutionality of the laws enacted by the Parliament as well as the regulations and local laws enacted by the local authorities. So, its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established rules, rights and freedoms. It judges also on conflicts arising from allocation of powers of the State and those powers allocated to State and Regions, and between Regions; charges brought against the President and the Ministers, including the Head of Government.
When the Court declares a law unconstitutional, the law ceases to have effect the day after the publication of the ruling.

The Supreme Court is composed of 15 judges for the term of service of seven years appointed as explained below:

- 5 appointed by the President of the Republic
- 5 appointed by Chamber of Deputies
- 5 elected by the ordinary and administrative supreme courts

The judges appointed by the President of the Republic and by the Chamber of Deputies shall be confirmed by a vote of the Senate of the Republic. A majority of 60 votes minimum will be needed for the position to be taken by that very candidate (2/3 of the Senate in favor).

The 5 judges elected by the ordinary and administrative supreme courts cannot be questioned by the political powers.

The judges ages are only allowed to be between 55 and 79.

The President of the Supreme Court shall be the President of the Republic which chair cerimonially the Court. The deputy President of the Supreme Court shall be chosen among the 5 judges elected by the ordinary and administrative supreme courts, elected by the Supreme Court itself and must assure political independence."

OOC: This is an RP Constitutional Law. To be approved it needs 2/3 of the Parliament votes in favor. It can be abolished only by a same majority.

Proposals

Debate

These messages have been posted to debate on this bill:

Date14:38:13, September 12, 2018 CET
FromPartito del Socialismo Istaliano - F.P.
ToDebating the P.d.l. 02/4451 - Reform of the Appointment of the Judges of the Supreme Court and of the competence of the Senate
MessageWe agree.

Date02:11:05, September 13, 2018 CET
FromPartito Comunista - F.P.
ToDebating the P.d.l. 02/4451 - Reform of the Appointment of the Judges of the Supreme Court and of the competence of the Senate
MessageMr. Speaker,

We refuse to endorse any reform of the judicial system which will not increase the representation of the interests of the proletariat in the judiciary.

Judges are biased, we can all see that. They put the interests of the capitalist system and its ruling elite ahead of the needs of ordinary working people and their families.

Ludovico Pontecorvo
Chairman of the Partito Comunista

Date02:13:14, September 13, 2018 CET
FromPartito Comunista - F.P.
ToDebating the P.d.l. 02/4451 - Reform of the Appointment of the Judges of the Supreme Court and of the competence of the Senate
MessageOOC: A quick point: due to the rules changes introduced earlier in the year, constitutional RP laws are no longer protected by the conventional 2/3rds majority requirement. They can be overturned by a simple majority. See section 6eii:

http://forum.particracy.net/viewtopic.php?f=5&t=8088

Date09:44:53, September 13, 2018 CET
FromAlleanza Radicale - NCD
ToDebating the P.d.l. 02/4451 - Reform of the Appointment of the Judges of the Supreme Court and of the competence of the Senate
MessageOOC: sorry for the error. Ok, no problem, it could be overturned with simple majority!!!!!

Date17:01:09, September 13, 2018 CET
FromPartito Comunista - F.P.
ToDebating the P.d.l. 02/4451 - Reform of the Appointment of the Judges of the Supreme Court and of the competence of the Senate
MessageOOC: Not your fault, the rules do get changed around a lot! :)

Date18:43:26, September 13, 2018 CET
FromAlleanza Radicale - NCD
ToDebating the P.d.l. 02/4451 - Reform of the Appointment of the Judges of the Supreme Court and of the competence of the Senate
MessageSimone Florenzi, AR:

"Mr Speaker,
let me respond to the collegues of PC: a Socialist, a Communist or simply a Progressist President could have the opportunity to appoint judges that are close to the cause of the proletarian. As well as a leftist Chamber of deputies could to do so.
But the interests represented into the houses of the Parliament are many and should find always a compromises to assure that all the points of view are represented.
We think that the allegations from the PC against the judiciary are excessive!"

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Voting

Vote Seats
yes
        

Total Seats: 475

no
 

Total Seats: 30

abstain

    Total Seats: 0


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