Abstract
This paper provides a complete overview of the organization of the Judicial system in Italy with the aim to examine the relationships between the various organs operating in its field. It analyzes the structure and functions of all the bodies involved in various ways in the administration of justice: the Ministry of Justice, which exercises essentially organizational powers and which has the task of guaranteeing the overall efficiency of the system; the self-governing bodies of the judiciary, which ensure its independence from other State Powers, and the single judicial offices dislocated over the peninsula. Particular attention is dedicated to the complex system governed by the laws set in order to provide for disciplinary procedures and job evaluation, which involve both the efficiency of the judges and their relationship with the bodies involved in the administration of the system.
Highlights
Resumen: Este trabajo ofrece una visión completa de la organización del sistema judicial en Italia con el objetivo de examinar las relaciones entre los distintos órganos que operan en su ámbito
The Superior Council of the Judiciary is the main overseer of the judiciary, being constitutionally responsible of its independence from all the other powers
According to art. 104 of the Constitution, the Council is composed of three ex-officio members, sixteen magistrates elected by their colleagues13 and eight persons elected by Parliament with a joint resolution among university law professors and lawyers with at least fifteen years of experience
Summary
The Superior Council of the Judiciary is the main overseer of the judiciary, being constitutionally responsible of its independence from all the other powers. 104 of the Constitution, the Council is composed of three ex-officio members (the President of the Republic, acting as president, the President of the Court of Cassation and the Advocate General), sixteen magistrates elected by their colleagues and eight persons elected by Parliament with a joint resolution among university law professors and lawyers with at least fifteen years of experience. The Council has normative powers concerning the organization and working of judicial offices It can publish opinions, even in case they are not requested by the Minister, on bills concerning the administration of justice. Even in case they are not requested by the Minister, on bills concerning the administration of justice It publishes a report on the state of justice, and can open so-called “protection files” in defence of judicial bodies or individual magistrates publicly criticized by the media or politicians. The general rules of art. 104 are sufficient to support the adoption of regulations by the Council in fields belonging to its constitutional competence.
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