Beyond the CSM, here’s where you can already choose by drawing lots

The draw is one of the most discussed (and divisive) points of the constitutional reform on the separation of careers Between judges e prosecutors. Branded as an antechamber of political control over justice, on the one hand. Praised as an antidote to the internal currents and corporate dynamics that govern the appointments and promotions of judges, on the other. The draw – rightly or wrongly – has become the ‘casus belli’ in the political debate, between majority and opposition parties, in view of the referendum of 22-23 March. Despite the Quirinale’s calls to respect the CSM and the appeals of all parties “to remain within the merits of the reform”, politics, in short, does not seem to be moving away from the barricades. They have firmly taken a stand on those – for or against Nordio reform – also distinguished professors and jurists, magistrates and various trade associations.

But in Italy, I use the lottery system Is it really unknown? In reality – several underline jurists questioned – this mechanism is already foreseen: not only in ours Constitution but also in other institutional and administrative areas, to guarantee impartiality but also resolve deadlocks. In line with what the ancients professed that ‘vitam regit fortune, not sapientia’.

Judiciary and courts

• L’art. 90 of our Constitution – the indictment of President of the Republic by the members of Parliament – in cases of high treason or attack on the Constitution it contemplates a constitutional procedure which includes, in the last phase, that of the judgement, also a mechanism of draw. After an investigative phase, conducted by a parliamentary committee which investigates the complaint and possibly proposes impeachment which will be voted on by parliament in a joint session, the final judgment lies with the Constitutional Court integrated by 16 judges drawn by lot from a list of 45 citizens eligible to be senator, compiled by Parliament every 9 years;
• Always the Constitution, at theart. 96provides for the special body, the Court of Ministerscompetent for i functional crimes possibly committed by the Prime Minister and a government minister. In this case a specialized section is established at the ordinary Court of the capital of the competent Court of Appeal district composed of three full members and three alternates, chosen through drawing by lot between magistrates serving in that district. The three judges drawn must have at least 5 years of seniority (with the qualification of court magistrate or higher) and remain in office for 2 years.
• Il code of criminal procedurein article 5, specifically provides for the composition of the Corte of Assisiinside which also sit the popular judgesi.e. the common citizens who work alongside the officials and who are drawn by lot from the municipal lists. In the Italian legal system, the draw it is therefore used for the formation of the Courts of Assizes and the Courts of Assizes of Appeal, competent to judge the most serious criminal cases, in relation to the quota of popular judges.

Local and administrative functions

• Auditors in the local authorities: The members of the economic and financial audit bodies of the Municipalities and Provinces are chosen through drawing by lot from a specific national list managed by the Ministry of the Interior;
• Seat scrutineers: On the occasion of electoral or referendum rounds, if the municipal electoral commission does not reach unanimity on the names, the draw among those registered in the register;
• Competition commissions: The members of the judging commissions of many were also drawn by lot public competitionscommissions that also decide on career advancement. Above all, the university competitionwith the members of the university judging commission identified through draw pursuant to art. 16, paragraphs f, hei, law 240 of 2010.
• Contract award commissions: They are also identified by the contracting authorities through public draw from a list of candidates made up of a number of names at least double that of the members to be appointed and in any case in compliance with the rotation principle. The list is communicated by Anac to the contracting authority, within five days of the request from the contracting authority. (art. 77, paragraph 3 of public contracts code – Legislative Decree 31 March 2023 n. 36)
• Commissions for the recruitment of management personnel of the staff of National Health Service: also in this case, pursuant to Presidential Decree no. 483/1997, art. 5 and art. 29, the commissions are established through draw.

Collegial bodies in schools

• School councils: in the event of an equality of votes between candidates in the elections of school collegiate bodiesthe seat can in fact be allocated by draw.

Chance or fate, not to mention chance, actually govern many other areas: the draw in fact, it turns out to be the first and oldest selection tool for choosing the components of organs or bodies made up of multiple people.