This paper discusses the constitutional dimensions raised by recent events involving the Italian High council of the judiciary, the Consiglio superiore della magistratura (CSM). After briefly retracingthe intricate events raising a problem of independent exercise by the judicial members of the CSM of their power to participate in the appointment of the heads of the prosecutor offices, it focuses on two constitutional dimensions that are called into question. The first concerns the methods for selecting judicial members of the CSM, which is said to entail excessive influence from judicial associations (correnti), a widely and long debated topic. The paper presents the main proposals including those aimed at introducing selection by drawing lots, and raises scepticism as to the ability of such reform to solve the problems raised. It then discusses briefly the possibility to reconsider the procedure to appoint heads of prosecutor offices, with the aim to limit the discretion of the CSM –a solution that would require a constitutional amendment–and the need to strengthen the accountability of prosecutorial activities. The paper concludes by underlining that the events involving the CSM also raise more general problemsof judicial culture that can be tackled from a broader and long-term perspective by improving judicial professionalism, ethics and by opening up judicial recruitment.

Benvenuti, S. (2020). Brevi note sull’affaire CSM: vecchi problemi, ma quali soluzioni?. OSSERVATORIO COSTITUZIONALE(1), 21-48.

Brevi note sull’affaire CSM: vecchi problemi, ma quali soluzioni?

Simone Benvenuti
2020-01-01

Abstract

This paper discusses the constitutional dimensions raised by recent events involving the Italian High council of the judiciary, the Consiglio superiore della magistratura (CSM). After briefly retracingthe intricate events raising a problem of independent exercise by the judicial members of the CSM of their power to participate in the appointment of the heads of the prosecutor offices, it focuses on two constitutional dimensions that are called into question. The first concerns the methods for selecting judicial members of the CSM, which is said to entail excessive influence from judicial associations (correnti), a widely and long debated topic. The paper presents the main proposals including those aimed at introducing selection by drawing lots, and raises scepticism as to the ability of such reform to solve the problems raised. It then discusses briefly the possibility to reconsider the procedure to appoint heads of prosecutor offices, with the aim to limit the discretion of the CSM –a solution that would require a constitutional amendment–and the need to strengthen the accountability of prosecutorial activities. The paper concludes by underlining that the events involving the CSM also raise more general problemsof judicial culture that can be tackled from a broader and long-term perspective by improving judicial professionalism, ethics and by opening up judicial recruitment.
Benvenuti, S. (2020). Brevi note sull’affaire CSM: vecchi problemi, ma quali soluzioni?. OSSERVATORIO COSTITUZIONALE(1), 21-48.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11590/372205
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