Abstract
The evolving role of the judiciary as policy‐shapers and policy‐makers is becoming a topical and controversial issue in Italy as well as in other legal systems. Italian judges are experiencing a new form of responsibility, well beyond a mere interpretation and application of statutes as required by the traditional Continental civil law. They are importing and interpreting European Union provisions as well as interpreting the internal legal system through their judicial review power. This paper addresses how the wider context of the European Union and the internal judicial decodification process are pushing judges to fulfill a role as policy‐shapers and policy‐makers in a creative and innovative way. This encompasses a novel approach to the literature on both the judicialisation of policy and politics and the expansion of judicial power. The paper tackles a new and demanding role of Italian senior judges in Europeanisation and modernisation of criminal procedure.
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