The State Congress has weighed in on the case of Massimiliano Simoncini following the ruling issued by the Judicial Council (Consiglio Giudiziario), responding to criticism from Repubblica Futura. The government’s central argument concerns the vote itself: the measure, according to a statement released on Sunday, September 27, was approved unanimously by all seven eligible members, including the representative designated by the opposition party itself.
“No one intends to shirk enforcement of the ruling issued by the European Court of Human Rights. International rulings demand the utmost respect and rigorous implementation in accordance with the forms set out in the Convention,” the State Congress states. In its view, however, a distinction must be drawn between implementing the European ruling and the political debate over the decision adopted by the Judicial Council.
In the statement, the government directly criticizes Rf’s position: “The opposition party attacks a measure by calling it political or influenced by alleged power structures. It overlooks a decisive detail. The ruling by the governing body of the judiciary was approved unanimously by all seven members entitled to vote. Sitting on that panel is also the representative directly designated by Repubblica Futura, who took part in adopting the shared measure.” This is the basis for the accusation of inconsistency leveled at the party over the positions it has publicly expressed since the vote.
The Congress then addresses the relationship between the ruling of the European Court of Human Rights and Simoncini’s position. According to the account given in the statement, Strasbourg found fault with the retroactive legislative measure of 2020 concerning the appointment, but “never ordered the automatic reinstatement of Simoncini to the role of Commissario della Legge (Law Commissioner).” The government adds that San Marino’s legal system does not provide for the automatic overturning of administrative or civil decisions that have become final, and maintains that the Judicial Council acted within the framework of Constitutional Law no. 1 of 2021.
As for the grounds behind the ruling, the statement notes that the investigating committee’s inquiries found a lack of the independence, impartiality and balance deemed necessary to exercise judicial functions. According to the Congress, the decision was shaped by separate, later events distinct from the facts examined by the European Court.
The statement specifically cites two professional evaluation reports drawn up by Canzio between 2020 and 2023 and reviewed by the Judicial Council. According to the government, the assessments contained in those reports were “broadly negative, both for the role of Commissario della Legge and for that of Procuratore del Fisco (State Prosecutor).” The statement further notes that the appeals filed by Simoncini did not alter the outcome of those evaluations before the appellate and extraordinary judges. It also cites three final disciplinary sanctions, including a censure for failing to recuse himself in a situation involving a conflict of interest, and a dismissal later commuted to suspension, relating to the handling of evidence in a civil case involving a victim of gender-based violence. These are the assessments and allegations set out by the State Congress in its response.
Another point concerns the roughly €170,000 figure cited by Repubblica Futura. The government maintains that the sum refers to back pay and salary differentials for duties performed, “not merely compensation for damages.” It adds that, against the amounts owed by the state treasury, Simoncini would in turn be required to pay the State legal costs and fees related to the appeals he lost. “The public accounts must be presented in full,” the statement reads.
In its closing section, the Congress places the case within the broader debate over reforms to San Marino’s justice system. The statement recalls the crisis the courts went through in past years, the period when the justice portfolio was held by Nicola Renzi, and the calls for intervention in the judicial system made by international bodies, including GRECO in September 2020. The government credits the subsequent reform promoted by then-Secretary of State Massimo Andrea Ugolini, along with the 2021 legislation, with restoring stability to the system.
The Congress states that the current Secretary of State, Stefano Canti, intends to continue along that path, and rejects any suggestion that the reforms amounted to a purge. “No ‘clean slate’ was engineered, no purge was carried out,” the statement asserts. It concludes by reaffirming the government’s intention to continue implementing the Action Plan in Strasbourg, through the Agent of Government, while safeguarding the independence of the judiciary.
