There is a glorious past that can help. If nothing else, to make intentions stronger and requests more punctual. Sardinia, in the time of the Giudicati, thanks to Eleonora's foresight, expressed the Carta de Logu as "an important stage towards the implementation of a rule of law".

Today's claims of the judicial world can draw nourishment from that distant history, characterized by very modern rules and institutes.

The theme

One of the instances concerns the island judicial district in close connection with the recent recognition of the principle of insularity in the Constitution. A question that will be at the center of the two-day meeting scheduled for today (from 3pm) and tomorrow (from 9.30am) in the Giorgio Pisano room of the L'Unione Sarda publishing group in Cagliari. The discussion, opened by the publisher Sergio Zuncheddu, together with Maria Antonietta Mongiu, president of the Scientific Technical Committee for Insularity, is attended by the elite of the Sardinian judiciary who, with experts on law and justice, will explain how important it is, in at the moment, to have a District which is the pivot of the new judicial geography of the Island.

The point

With the reform, in article 119 of the Constitution, the provision was inserted: "the Republic recognizes the peculiarities of the Islands and promotes the measures necessary to remove the disadvantages deriving from insularity", an aspect which, recognizing the disadvantages and weaknesses structures deriving from the geographical condition has the objective of restoring a sort of equity and of bringing the regions, also in the sphere of justice, to a starting point "as equal as possible".

The interventions

Among the speakers, during the two days held at the headquarters of the L'Unione Sarda group, is Gianmario Demuro, professor of Constitutional Law at the University of Cagliari: «The Constitution recognizes the existence of an insular factor and promotes the the de facto equality of all citizens. There is an obligation to remove the disadvantages because everyone must have the same rights in the republican dimension. The judicial function activates the fundamental right to justice, a right whose realization requires policies to overcome the disadvantage generated by insularity".

The inviolable right

According to Rita Dedola, a lawyer, engaged in the Technical-Scientific Committee for Insularity, «access to justice is an inviolable right. The sixteenth goal of the UN agenda for 2030 promotes the rule of law at national and international level and the implementation of the guarantee of equal access to justice for all. This implies that insularity cannot and must not affect as a negative element of cost increase for the citizen who lives on the island». A Judicial District designed and organized "to measure for insularity", continues Dedola, "may be the way to create equal opportunities for access to the justice service which allows for the creation of ad hoc criteria for the organization and movement of administrative, judicial and prison personnel, proximity offices, the strengthening of internet networks, transport inside and outside Sardinia".

The criterion

Mauro Mura, who headed the Cagliari prosecutor's office, argues that "the principle, inserted in the penultimate paragraph of article 119, paves the way for a new criterion, something more than the simple balancing of resources, which must guide, in the first place , Government and Parliament in defining disadvantages linked to insularity and tools for alignment with other territorial realities. The Constitution calls the whole community, made up of institutions and not, to the duty of bridging the disparities when insularity is the cause of a surplus of costs and delays and at the same time bring back burdens and servitude to equity».

According to the robes, justice, in all its complex apparatus of organs and functions, must be included in the virtuous circuit outlined by the new constitutional law because a more modern and efficient organization guarantees better protection of citizens' rights.

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