The ANM’s encroachment

As reported yesterday in Il Foglio, the government has amended the rule on the automatic adjustment of magistrates’ salaries, reinstating the method that has always been used – that of the weighted average of pay rises across the various public sectors – following groundbreaking rulings by the Council of State which had determined that the simple average should be used, resulting in a cost of approximately one billion euros in arrears to be paid to magistrates. In response to those rulings, Prime Minister Giorgia Meloni had committed an institutional faux pas by refusing to sign the Prime Ministerial Decree (DPCM) providing for the arrears owed to magistrates. In a state governed by the rule of law, the government may criticise court rulings but must respect and implement them. By deciding to amend the legislation – to restore it to its original form – the government is fulfilling its duty to safeguard the public budget from a statistically absurd formula (even though it had found a legal justification).

However, this has provoked a sharp reaction from magistrates, with the tables having turned. “We reserve the right to assess the matter on its merits after examining the regulation in greater depth,” said ANM President Giuseppe Tango, reiterating that “the protection of magistrates’ salaries is a prerequisite for safeguarding the independence of the judiciary”. The same view was expressed by the ANM’s Secretary-General, Rocco Maruotti, who argued that it is not a question of money: “The issue is technical, and we reserve the right to carry out a more in-depth assessment.” The technical issue is straightforward: a weighted average rather than a simple average. If magistrates need to look into this further, it is precisely because they have to do the maths: it is therefore a question of money. But it is also an institutional issue. Because whilst the government must respect court rulings, the ANM must respect the autonomy of the executive and legislative branches: magistrates are not a counterpart to the political sphere in the making of laws. This is the separation of powers, and we must always bear this in mind.