Referendum: after euthanasia, the Council rejects cannabis and civil liability of magistrates
On marijuana, Amato explains: "It violated international obligations on drugs". Questions on incandiability and separation of judges' careers accepted
After the "rejection" of the referendum on euthanasia , the other verdicts arrive on the admissibility of the referendum questions submitted for judgment by the Constitutional Court.
First of all, the Council gave a favorable opinion to the referendum on the Consolidated Law on the provisions on the subject of non-compliance, one of the implementing decrees of the Severino law.
The referendum that aims to separate careers in the judiciary and that on pre-trial detention is also accepted.
And go ahead also for the referendum that wants to cancel the signatures necessary to be able to present a candidacy in the elections of the councilors toga of the CSM.
Nothing to do instead, for the referendum on legal cannabis, marred by an error. To explain the reason for the ineligibility was the president of the Consulta Giuliano Amato: "The referendum was not on cannabis, but on drugs. It referred to substances that include poppy, coca, the so-called hard drugs. And this was enough to make us violate international obligations ".
Finally, the question on the direct civil liability of magistrates, also declared "inadmissible", was rejected.
***
What the questions included:
CANNABIS - The request here is to cancel the penalties for those who grow cannabis (prison from 2 to 6 years and a fine from 26 thousand to 260 thousand euros) and the administrative sanction of the suspension of the license.
SEVERINE LAW - Abolish the provisions on incandiability, the rules that prevent participation in electoral competitions for the European and Italian Parliament and in regional, provincial and municipal elections of those who have been definitively convicted of mafia, terrorism, corruption and others serious crimes. And also abolish Article 11, which provides for the suspension for local administrators after first-degree conviction for some crimes.
PRECAUTIONARY CUSTODY - The aim is to reduce the scope of crimes for which the application of precautionary measures and in particular preventive detention is allowed: via illicit financing to parties and via the crimes punished with imprisonment of no less than five years unless there is a danger of the suspect escaping or contaminating evidence.
SEPARATION OF CAREERS - Either judge or prosecutor, the referendum requires no longer to allow the change of function. Today 4 steps are possible, which will become two with the Cartabia reform.
JUDICIAL COUNCILS - Allow the vote of the lawyers who sit on the Judicial Councils also on the professionalism assessments of the judges.
LIABILITY OF THE JUDICIARY - By deleting part of the current rules, we want to introduce the direct civil liability of judges for judicial errors. Today it is the State that compensates the citizen who has suffered unjust damage and then competes against the magistrate.
ELECTIONS OF THE MEMBERS OF THE CSM - In this last question it is proposed to cancel the rule which establishes that each candidacy must be supported by the signatures of at least 25 presenters. The goal is to arrive at free individual candidacies, which are already foreseen in the Cartabia reform.
EUTHANASIA - The referendum on euthanasia proposed to decriminalize the murder of the consenting person, punished with imprisonment from 6 to 15 years. With some exceptions: it remains a crime if it is a minor and in this case the penalties for murder apply.
(Unioneonline / lf)
