The Council of Ministers has approved a specific bill introducing interventions regarding the legal, economic, and social classification of honorary magistrates. These interventions concern working conditions and hours, professional status, leave regulations, and pension benefits. The bill, proposed by Minister of Justice Carlo Nordio, aims to make changes to the legislation governing honorary magistrates who were already in service at the time of the entry into force of legislative decree 116/2017. The goal of the bill is to provide a comprehensive restructuring of the role of honorary magistrates, addressing issues that arose from a procedure initiated by the European Commission against Italy in the summer of 2021. The Commission noted that honorary judges did not have the same labor rights protection under EU law and were disadvantaged by the lack of access to benefits in case of illness, injury, or pregnancy.
The bill approved by the Council of Ministers establishes clear guidelines for the recruitment of honorary magistrates who have been serving in the justice administration for many years. It sets out specific duties and rights, including a maximum weekly working hours requirement (either 36 or 16 hours per week, depending on the exclusivity of the regime), as well as extending important welfare protections related to sickness and maternity benefits, and the end-of-employment benefits. This legislation aims to ensure a fair and consistent framework for the ongoing work of honorary magistrates in Italy, providing them with the necessary support and protections to carry out their duties effectively.
The proposed bill also addresses issues related to the legal status of honorary magistrates, aiming to ensure that they are adequately protected and compensated for their work. This includes clarifying their employment conditions, providing guidance on professional conduct, and establishing rules for their participation in the judicial system. By setting out clear parameters for the recruitment and regulation of honorary magistrates, the bill seeks to enhance the overall functioning of the justice system in Italy and promote fairness and transparency in the treatment of these officials.
One of the key changes introduced by the bill is the establishment of a clear framework for the appointment and management of honorary magistrates, ensuring that they are appointed based on set criteria and guidelines. This includes setting out the qualifications, experience, and responsibilities required for the role, as well as defining the terms of their appointment and the process for their removal. By establishing a transparent and accountable system for the selection and oversight of honorary magistrates, the bill aims to improve the efficiency and effectiveness of the justice system in Italy, while also providing greater protection and support to these officials.
Overall, the bill approved by the Council of Ministers represents a significant step towards addressing the issues and challenges facing honorary magistrates in Italy. By introducing clear guidelines and regulations for their recruitment, employment, and management, the bill seeks to ensure that honorary magistrates are adequately protected and compensated for their work, while also enhancing the functioning of the justice system in the country. Through these measures, Italy aims to comply with EU labor rights standards and improve the overall conditions for honorary magistrates, ensuring that they can continue to contribute effectively to the administration of justice in the country.
