SAN MARINO – The State Congress intervenes on the magistrate’s affair Massimiliano Simonciniresponding to the criticisms of Repubblica Futura and maintaining that the recent resolution of the Judicial Council was adopted unanimously by the seven members entitled to vote, including the representative designated by the opposition party.
In a note dated 27 September, the Government reiterates its desire to implement the ruling of the European Court of Human Rights, specifying however that, according to its interpretation, Strasbourg censured the retroactive legislative intervention of 2020, without ordering the automatic reinstatement of Simoncini in the role of Law Commissioner.
The Executive states that the Judicial Council operated within the framework of constitutional law no. 1 of 2021 and that the decision also takes into account professional and disciplinary events subsequent to those examined by the European Court. It recalls, in particular, two reports on professionalism drawn up by Giovanni Canzio between 2020 and 2023 and three disciplinary sanctions which, according to the Government, have become definitive.
The State Congress also contests the economic reconstruction proposed by Repubblica Futura. The approximately 170,000 euros cited by the party, he specifies, would concern arrears and salary differences linked to the functions performed, while Simoncini would in turn be required to pay the State sums for legal costs and fees relating to proceedings concluded against him.
The note also retraces the season of judicial reforms, recalling the 2020 GRECO recommendations and the interventions promoted by the then Secretary of State Massimo Andrea Ugolini. The Government rejects the criticisms of Repubblica Futura, also referring to the period in which the Secretariat of Justice was entrusted to Nicola Renziand argues that the reforms have helped stabilize the functioning of the Court.
The current Secretary of State for Justice Stefano Canti confirms, as reported in the press release, the commitment to continue the reform process. Finally, the Congress of State ensures that it will continue to work on the implementation of the European ruling through the Action Plan presented in Strasbourg, respecting the autonomy of the judiciary and the international obligations of the Republic.
