Le garanzie costituzionali dell'indipendenza della magistratura nell'esperienza francese, italiana e spagnola

Abstract

The book aims to examine in three different legal systems - Italy, France, and Spain - the constitutional guarantees of the independence of the judiciary with a particular focus on the Councils of Justice. It is proposed to examine whether the measures provided by national legal systems have been conditioned by their constitutional traditions and whether or not these guarantees have evolved as a result of the promotion of the rule of law at the European level. A study of some of the documents drawn up at the supranational level to protect the independence of the judiciary reveals a set of criteria that are intertwined in a single weave with those outlined in the case law of the European Courts, providing states with benchmarks. Their compliance, to a greater or lesser extent, did not necessarily lead to the resolution of the problems concerning the independence of both judges and prosecutors and the bodies responsible for protecting their independence. Sometimes common problems have been highlighted, with some specificities related to individual systems.