L'ordinamento giudiziario: lineamenti introduttivi

Abstract

The Italian Constitution states that the judiciary is an autonomous body and independent of all other branches of power. Article 101.1 of the Constitution states that judges are subject ‘only ’ to the law. In this regard, the High Council of the Judiciary has the responsibility to preserve and ensure the independence and autonomy of judges. Thus, judges are not permitted to join political parties or engage directly in the political life of Italy, as Article 98.3 of the Italian Constitution specifies, and Article 13.1, d) Law no. 269/2006 prescribes. The aim of these Articles is not “to condition judiciary functions and not to compromise the reputation of the judiciary”. Decree No. 170/2018 of the Italian Constitutional Court has confirmed the necessity for citizens to have confidence in the independence of judges and that the latter act in an unbiased manner in a democratic society.