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The rule of law Neutral institutions and political conflicts

Explore the historical development and current workings of Italy's judiciary system, including the Constitutional Court and the clash between politics and justice.

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The rule of law Neutral institutions and political conflicts

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  1. The rule of lawNeutral institutions and political conflicts Maurizio Cotta - Luca VerzichelliIl sistema politico italiano Chapter 9

  2. Topics of this chapter • The 1948 Constitution and the Bill of Rights • The Constitutional Court • The judicial institutions

  3. Before democracy • During the liberal era, the judiciary was simply a low-professional sector of the public administration • The creation of the Superior Board of the Judiciary (CSM) in 1907 has been a possible development towards a growing professionalization • The fascism arranged a complete subordination of the judiciary to the government

  4. The 1948 Constitution • The new rigid Constitution entailed three advances: • A designation of the citizens’ rights, although the courts were partially ineffective until the 1960s • The creation of the Constitutional Court • A full-detailed organization for the judiciary

  5. The Constitutional Court: functions • Judicial review on national and regional laws • Resolution of institutional conflicts • Court for the impeached Heads of the State • Judgment on the viability of referenda

  6. The Constitutional Court: selection • The Court is selected for a nine-years mandate by • Head of the State • Parliament • Judiciary

  7. The Constitutional Court: actual working

  8. The judiciary: general organization • Four different branches actually exist: • Ordinary • Administrative • Economic • Military

  9. The organization of the ordinary judiciary

  10. The characteristics of the ordinary judiciary • Partition between civil and penal justice • The judiciary is independent from the government • The judiciary’s autonomy is guaranteed by the CSM • The prosecutor is part of the judiciary • Prosecutors and judges share the same career • Career based only on seniority

  11. The CSM: composition • 3 required members • 16 members elected by the judiciary • 8 members elected by the parliament

  12. The CSM: actual working

  13. The clash between politics and justice • In 1992: • Extended corruption • Organization of the judiciary • Abolition of the parliamentary immunity • After 1994: • Repeated unachieved reforms

  14. Conclusion • The Constitution and the Constitutional Court have promoted the citizens’ rights … • … but the misconduct of the judiciary has impaired them • Unresolved problems: • Unconstrained power of the prosecutor • Lack of accountability of the prosecutor • Unproductive selection and career of the judges

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