From the intense two days scheduled, tomorrow and Saturday, in Cagliari, will arise the proposal for an island judicial district , to be included in the future scenarios of a Sardinia strengthened by the concrete implementation of the principle of insularity capable of re-establishing, with targeted interventions, a balance in the face of disadvantage.

The event will be held on April 14th from 3pm to 7pm and on April 15th from 9am to 1pm, it will also be streamed on www.unionesarda.it .

«The highest representatives of the world of justice will be present – explains Maria Antonietta Mongiu who leads the technical-scientific committee for Insularity – for an all-round comparison on critical issues and solutions to problems. The reasoning must be set up taking into account the important novelty of the recognition of the principle of insularity in the Constitution ».

Several times in recent years, on the occasion of the inauguration of the judicial year, the Sardinian magistrates have raised the alarm: "The problem is in the organization, in the lack of investments in recent decades and in the scarcity of resources, starting with the personnel judiciary and administrative staff. Therefore, a profound renewal of justice and its organization is needed". All this, according to the robes, affects the sphere of citizens' rights: " Their equality before the law cannot exist if there is not equality for all, not only in the theoretical equality of access to the demand for justice but above all in the concrete expectation of a response from the legal system ". This is why the theme of insularity also concerns the judicial system as a whole. It cannot be considered an abstract value: «We ask that this principle be declined also in the decisions regarding staffing and distribution of the district offices. The problem had already been raised in the past due to the peculiarities of our judicial geography. The two largest courts, Cagliari and Sassari, are burdened with pending cases that are difficult to deal with with the current staffing endowments ».

The requests

According to Cristina Ornano, president of the Surveillance Court of Cagliari, «insularity in the Constitution can and must be declined in every area, even in justice. Claiming an insular Judicial District does not mean invoking a privilege, but affirming the right to the implementation of the principle of substantial equality referred to in article 3 paragraph 2 which imposes, in the face of situations of disparity and disadvantage, which is the one that objectively derives from our insularity, differentiated rules and principles. The administration of justice can also derive significant benefits from the implementation of the constitutional provision. It is a question of starting a virtuous circuit that improves the functioning of the judiciary". No interventions by politicians are foreseen in the two days: «Not by chance - adds Maria Antonietta Mongiu - because the political class in this phase must listen. From the outset, the technical-scientific committee for insularity has made available useful skills to build a path. Also in this case, the speakers will provide useful indications for the political class who can then, if they wish, translate them into concrete decisions ». Reflection on these points is necessary to define a legal model of insularity "to refer to - underlines Michele Incani, deputy attorney general of the Court of Appeal of Cagliari - to identify the specific critical issues to be addressed with solutions that have a structural and basically stable nature , suitable for realizing an effective overcoming of disadvantaged situations".

More themes

The execution of the sentence will be discussed with attention paid to alternative measures to prison and the possibility of serving the sentence in environments where it is also possible to carry out agricultural work. On the table are the proposals to "destine the prison sentence to the perpetrators of the most serious crimes and to those linked to organized crime, to strengthen the system of alternative measures to detention not only by increasing the number of officers but also by focusing on their training, to create institutions with attenuated custody for drug addicts and diversify the health treatment service for socially dangerous offenders of psychiatric pathologies".

Maximilian Rais

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