Ticino parliament votes to create a first-instance administrative court

The Ticino cantonal parliament (Gran Consiglio) approved on Tuesday afternoon the creation of a first-instance administrative court. The decision, passed with 50 votes in favour, 28 against and 6 abstentions, must still be confirmed in a popular vote to take effect.

Currently, appeals against decisions by municipalities and cantonal services are handled by the Council of State, the cantonal government. The proposal, put forward by Centre party member Fiorenzo Dadò, instead calls for a judicial authority independent of the executive.

According to Dadò, the new court would improve the transparency of decisions, relieve the government of 1,300 cases a year, and prevent appeal decisions from being influenced by political considerations. "La politica deve governare, la giustizia deve giudicare" ("Politics must govern, justice must judge"), the lawmaker told parliament, stressing that today judge and judged effectively coincide in the same person, since the appeals service is not independent of the executive, which can request changes to draft decisions. Dadò said he did not intend to accuse anyone of abuse or question the professionalism of officials, but insisted that even the mere suspicion of political interference must be ruled out.

The Lega, the Socialist Party and the Greens opposed the reform, arguing with figures that the current system works and is also in place in about a dozen other cantons. The head of the Department of Institutions, Norman Gobbi, shared that view, telling parliament with figures that the current system functions well. His arguments were not enough to convince a majority of lawmakers.

Costs and implementation

Speaking to the programme Seidisera, Gobbi noted that the reform would not be cost-free. Space will need to be found for around twenty staff members and future magistrates, and their salaries will have to be adjusted: in Ticino's judiciary, pay is already higher than in the administration, partly to reinforce its independence. For this reason, Gobbi said, it will be up to the people of Ticino to decide whether they want greater judicial independence, accepting higher costs as well.