Abstract

In this chapter, the author points out some controversial issues concerning judicial independence that characterized the discussion and the creation of the new Code of judicial conduct. The chapter analyses the reform of judicial discipline that was approved in Italy in 2006 and, in particular, some controversial issues that were considered crucial for the protection of judicial independence, in the transition from the old to the new system. It explains the aim and the contents of the reform of 2006, and then focuses on four main questions concerning judicial independence that were discussed in detail. Four points mentioned in the chapter, which were all considered significant for the protection of judicial independence: the exhaustive character of the Code, the protection of judicial independence in adjudication, the limitation of judges' freedom of expression and association, the power of the General Prosecutor of the Supreme Court to dismiss the case. Keywords: judicial conduct; judicial discipline; judicial independence; Supreme Court

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