Abstract
This article deals with the problems concerning the independence of the judiciary in Italy. First of all, it analyzes the historical causes that characterize the current Italian situation: the condition of the judges during the fascist dictatorship and the resulting reasons why the founding fathers of the Republic did not trust the judiciary. Then, this paper seeks to explain the different problems that, even today, undermine the independence of judiciary - the practice of judges standing political office, the progressive politicization of the High Council of the Judiciary, the judicial intervention in economic matters and the trend of judges making public statements to matters under judicial scrutiny - and explores the effectiveness of the current guarantees that are given to judges to secure their independence.
Highlights
The paper seeks to explain the unique problems that today undermine the independence of judiciary - the practice of judges running for political offices, the progressive politicization of the High Council of the judiciary, the judicial intervention in economic matters and the trend of judges making public statements to matters under judicial scrutiny - and explores the effectiveness of the current guarantees given judges to secure their independence
The paper examines independence of the judiciary in Italy, viewing it from two standpoints: freedom of the judiciary from political interferences and the need for judges to desist from taking an ideology based approach to matters that come under judicial scrutiny
This paper addresses the relationship between judges and politics from a general point of view, stressing the anomalous situation that prevailed in Italy soon after the Second World War. It focuses on five main tensions between judicial power and political processes in a broad sense: (i) the practice of judges standing, or being nominated for, political office; (ii) the progressive politicization of the High Council of the judiciary; (iii) judicial intervention in economic matters; (iv) the contemporary trend of judges making public statements on or giving wide publicity to matters under judicial scrutiny. (v) prosecutorial discretion
Summary
The paper examines independence of the judiciary in Italy, viewing it from two standpoints: freedom of the judiciary from political interferences and the need for judges to desist from taking an ideology based approach to matters that come under judicial scrutiny. This article argues that while judicial independence is a necessary condition for proper and effective vindication of rights and freedom, to completing dispensing with responsibility of judges for their actions may undermine citizens’ rights. The paper proceeds to examine the civic responsibility of judges and prosecutors emphasizing the need to balance the guarantee of judicial independence with the need to ensure that judicial discretion is exercised within certain limits in order to ensure effective and impartial administration of justice
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