Getting back on your feet after the ‘No’ vote. Notes for the legal profession on reforming the justice system

The Italian Criminal Defence Bar Association (Ucpi) is holding a major conference in Brescia from Friday to Sunday, a long-awaited opportunity for much-needed reflection on the reasons behind the referendum defeat, and above all on the lessons to be learnt from it. The public rejection of the Italian criminal defence lawyers’ identity-based campaign weighs heavily and stings: only an irresponsible sense of illusory self-preservation could lead one to downplay it, or silently swallow it. The realisation of just how much the highly effective campaign of misrepresentation and disinformation by the ‘No’ camp weighed in the balance does nothing to lessen the burden of that defeat, for such are the ruthless rules of politics. Now, it would be wise not to forget that the UCPI has, since its foundation, represented the sole political entity of the entire Italian legal profession. A legal association unlike any other, and least of all the institutional representation of the legal profession, having been founded not to look after the – albeit legitimate – interests of the legal profession itself, but rather – and exclusively – to safeguard the constitutional rights of the people they defend (and therefore of all citizens), with the remit of curbing the state’s formidable punitive power. In short, a political dimension intrinsically linked to the social function it fulfils, which constitutes our true, unassailable cultural heritage and identity. In the wake of this crushing defeat, there is a certain feverish anticipation amongst those – both within and outside the Italian legal profession – who have never come to terms with this irrefutable political strength of ours, which, in their eyes, is rendered all the more inexplicable when set against our numerical strength. There is therefore, evidently, an eagerness to celebrate its unexpected requiem: on the part of the associated judiciary, for example, which, for this very purpose – and defying all sense of the ridiculous – has even gone so far as to hand out political accolades to disorganised cliques of lawyers for their ‘No’ campaign, which, as was to be expected, lasted just the span of an (embarrassing) morning; and also by a not insignificant section of the institutional legal profession, which stubbornly fails to understand that political representation is won through years and years of commitment and difficult battles, not by virtue of laws and regulations. All these insidious, unexpected expectations demand a response worthy of the challenge, requiring all of us to make an extraordinary effort that will enable us to get back on our feet – as we are certainly capable of doing – well before the referee’s count ends. And there is only one way to do this: once again, politics, politics, politics. The Criminal Chambers, both locally and at national level, must vigorously revive the toughest, most uncomfortable – and, if necessary, most divisive – issues that form part of the cultural heritage built up over more than sixty years of history: once again and always, separate careers for prosecutors and judges; an uncompromising defence of the principles of the presumption of innocence and due process, not only in courtrooms but also before the increasingly powerful and devastating media tribunals operating on a permanent, active basis; a relentless fight against the rampant expansion of asset-freezing measures – that is, against the new, devastating system of criminal sanctions imposed without evidence, with its shadowy power structure linked to the untouchable caste of judicial administrators; strong and informed initiatives regarding artificial intelligence and criminal proceedings; a renewed and relentless fight against the appalling conditions in Italian prisons; a comprehensive re-evaluation and qualitative strengthening of legal defence for the poor, the marginalised and the dispossessed. In short, we face a path made difficult and bumpy by a painful defeat, which we shall be able to tackle by drawing on new energy, enthusiasm and political courage; and thus, also with a view to next year’s ordinary congress, by initiating, at both local and national levels, a fruitful and vital generational renewal of our association’s leadership. We respond to a defeat by facing up to any mistakes that may have been made, by unreservedly promoting processes of internal renewal, but above all by reminding ourselves – and those who observe us – of what we have always been, and what we wish to continue to be